Nicole very determined to pursue her case

I am very much interested in pursuing my case. From the very beginning, my mind was set to pursue the case and not be influenced by other people by any means. My fight will be until the very end. I was never and will never be influenced by people surrounding me.

I called a press conference last Thursday. No one dictated me what to do. It was my own decision to let people know what I feel about the status of my case.

I have made the decision to ask for a change in the public prosecution team. I am extremely disappointed about the cross-examination of the accused Lance Corporal Daniel Smith. It was obvious that the state prosecutor did not prepare for it. Even the judge questioned the state prosecutor if he was doing a cross-examination. I begged the senior state prosecutor to allow my private prosecutor to have her cross-examine but she told us no.

Mula pa sa simula ay alam ko na ang kakulangan ng paghanda ng mga state prosecutors sa aking kaso. Naging mahinahon ako at ang aking pamilya dahil sa alam namin na nakatutok ang aming mga private prosecutors. (From the start, I was aware about the performance of the state prosecutors, but my family and I did not mind it because our private prosecutors were there). My private lawyers represent me and they deserve to be recognized as such. I am the victim here. I have the right to be represented. I cannot stand the fact that now they have excluded my private lawyers from the case.

Is the government really interested in getting justice for me? Or does it simply want to finish the case without caring for the result? If this is so, it simply means that it is not capable of protecting or defending its citizens like me.

When I engaged the services of Atty. Ursua, she told me that I have the option to settle, that it is my right. She asked me, what will you do if there is an offer of a settlement? I said to her that to settle is to think only of the short term, and I don’t want to blame myself that I did not fight. I know I will be bothered by my conscience someday if I did not fight and seek justice. I have come so far already, why will I think of a settlement?

Recently, my mother made public the advice of Senior State Prosecutor Emilie delos Santos to settle the case. I believe in my heart that my mother did not lie. Matagal niyang tinago sa akin ang bagay na ito dahil ayaw niyang madismaya ako at panghinaan ng loob.

DOJ Sec. Gonzales said that from the start he expressed his disbelief in my claim of rape. Mr. Secretary, I did not imagine the rape. Since your people are supposed to be prosecuting my rapists, you should never have said that. Hindi ako istupido na ilagay ang sarili ko sa ganitong paghihirap kung ito ay gawa-gawa ko lang. Coming out, testifying in court and recalling the rape were not easy for me.

I have come to realize that what I have done is right. I only want people to know the truth and achieve justice for what Daniel Smith and the other accused had done to me. Fighting for my dignity as well as the dignity of my country and standing up firmly for the case is the most courageous thing that I have ever done. I will not let my family, friends and supporters down. They give me the strength and the courage to continue.

Ako at ang aking pamilya ay patuloy na nagtitiwala sa integridad at kakayahan ng aming mga private prosecutors. Nagpapasalamat kami sa kanilang tulong at dedikasyon sa kaso kahit pa man hindi namin sila nababayaran para sa kanilang serbisyo. Ang perang naiambag namin sa kaso ay napakaliit kumpara sa naging gastusin sa kaso. Kaya nagpapasalamat kami sa TOWNS (The Outstanding Women in the Nation’s Service) Foundation, sa Task Force Subic Rape at iba pang mga grupo na tumulong sa amin.

(My family and I trust in the integrity and capacity of our private prosecutors. They are dedicated even though they are doing it all for free, and we thank them for that. The money that my family has shelled out for the case has been too small compared to what was really needed, that is why we are also grateful to TOWNS [The Outstanding Women in the Nation’s Service] Foundation, the Task Force Subic Rape, and to the other groups for supporting us.)

(This statement was written by Nicole herself.)



  1. Jose Lopez said,

    September 19, 2006 at 3:38 am

    Shame on you Justice Secretary Gonzales … you betray justice by putting your foot in your mouth.

  2. Anonymous said,

    September 20, 2006 at 1:35 am


  3. Anonymous said,

    September 20, 2006 at 2:12 am

    Ay DOJ Sec. ikaw ba yan?

  4. Another Anonymous said,

    September 21, 2006 at 5:06 pm

    With the Subic Rape Case, the historical defects of the Philippine justice system are now yawning at us in the face.

    Incompetent and corrupt government prosecutors are not the only anthropoidal curiosities that you will encounter, but also incompetent and corrupt judges too. They crawl all over the country’s halls of justice just as bugs and other vermin do.

    Such has been my experience since 1984, and I am now sort of inured to it.

    Now, we should not berate Secretary of Justice Gonzales and his hand-picked prosecutors in that rape case. They are just among the dramatis personae in the most recent edition of the long-running historical drama of national subservience to a foreign power. If they behave like idiotic clowns, they are just being true to form.

    Secretary of Justice Gonzales, for one, is performing his role superbly well as the personification of an unjust system of governance. Just look at the way he messes up democratic principles with fascistic postulates. With his outrageous off-the-cuff official pronouncements, it may not be long before the people become so thoroughly nauseated that they would just vomit him and the entire regime off their mouths.

    I suppose that it is in this context the Subic Rape Case must be pursued down to its ignominious end. Expectedly, the court will acquit the American culprits on the ground of reasonable doubt, just so the hopelessly corrupt and mendicant GMA regime would again have the gall to ask for more US military hardware with which to massacre the Filipino people all the more. It has been so before. There is no reason why it should be different now. The case is just like a Greek tragedy, with Gonzales and his prosecutors as the chorus. You know how it will end the moment it begins.

    Hope, nevertheless, springs eternal. By some quirk of circumstance, the accused American servicemen in that rape case might just yet be convicted. The court, if possessed with the guts to spurn the suggestions from Malacañang, could be very well find them guilty by availing of the jurisprudential precept that alibi is the weakest defense. Such a defense vanishes like a will-o’-the-wisp in the face of the victim’s positive identification of the accused.

    But even if the case is lost, the people will still be the winner. The acquittal of the American servicemen will definitely be another strand in the rope the regime is whipping up to hang itself.

  5. Anonymous said,

    October 12, 2006 at 4:16 pm

    Nicole very determined to Pursue her case to get more money from Marines!
    Thats the truth.

  6. angel said,

    December 12, 2006 at 6:37 am

    im a filipino but that doesnt mean ill put up with all your lies nicole nakakahiya ka sa ginawa mo alam mo ba mawawalan ng tiwala sa atin ang mga turista. kung makikita lang kita isasampal ko lahat saiyo ng kasinungalingang pinagsasabi mo. di lahat ng tao ay nakuha mo na ang simpatiya marami ang naniniwala saiyo pero mas marami di naniniwala at nasusuklam saiyo sana magising kana sa katotohanan wag mo ng lalo pang sirain ang buhay ni smith. you should just live your life the way it should be if your not happy dont ruined someone elses life.

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