‘Most drunk’ GI’s tale another lie—prosecutor

Friday, Sept. 22, 2006

The prosecutor, who grilled today the fourth accused US Marine to take the stand in the Subic rape trial, dismissed the testimony as another lie.

Echoing her remark about yesterday’s witness, lawyer Emilie Fe delos Santos head of the prosecution panel, said Lance Corporal Dominic Duplantis lied to the court to protect his co-defendants.

Delos Santos yesterday accused L/Cpl Keith Silkwood of lying for the sake of his liberty buddy L/Cpl Daniel Smith.

The three, along with Staff Sergeant Chad Carpentier, are charged of raping a Filipina, known in court as “Nicole,” inside a moving van cruising along Subic Bay Freeport on November 1 last year.

Delos Santos tried to establish that Duplantis was too drunk to have remembered the events that took place on the night the supposed rape occurred.

Upon delos Santos’s questioning, Duplantis admitted that he had a maximum of 13 bottles and cups of beer that night, enough to make him the “most drunk” among the four.

“He was lying. How could he recall those things if he was drunk?” delos Santos said.

During the hearing, Duplantis testified that on November 1, he signed out with his liberty buddy then went to a casino where he had three bottles of beer. They stayed there for about three hours.

At 6 p.m., his buddy had to return to the ship and sign in for work, but Duplantis went with Silkwood and Smith to Subic Diamond casino where he drank two to three mugs of draft beer.

They then proceeded to Dewey’s bar with Cpl. Corey Burris and L/Cpl. Albert Lara. They drank, danced and sang, and Duplantis downed another two to three bottles of beer.

Around 10:30 p.m., the group went to Neptune Club and “enjoyed the night”. Duplantis said he had three to four rounds of beer. He was also “moving around” the club so he wasn’t able to observe what other Marines were doing.

An hour later, Duplantis saw Carpentier rounding up Marines and instructing them to go back to their ship, the USS Essex, docked at Subic Bay, in time for their midnight curfew.

Duplantis boarded a van together with Carpentier, Silkwood, Smith and Smith’s female companion, whom he saw for the first time.

He then said that during the ride, he “noticed things happening in the van” but he did not think it was “unusual”.

He added that he heard noises from the rear of the van and thought that Smith and the female, whom he identified as Nicole, were being “actively involved with each other”.

“I could hear moaning, kissing and laughter at the back,” Duplantis said.

He further testified that halfway through their trip, the van stopped because they saw Lara and Burris walking near a Yellow Cab pizza parlor. He added that he remembered “laughing and clowning about” with the two when they approached the van.

Duplantis continued that after about five minutes, the van speeded to the dock. Burris and Lara did not ride with them because the van was fully occupied.

When they reached the dock, Duplantis said he alighted from the van and walked towards the ship. Silkwood and Smith had to catch up with him. Silkwood then aided him in walking.

As for Nicole, Duplantis said he assumed that she got out of the van, too.

Duplantis also narrated that two days later, he was told to pack up and leave the ship. He said he didn’t know why, adding that he was just told by Burris that six of them were accused of gang rape.

On cross-examination, delos Santos asked Duplantis: “You were the most drunk among the group and yet you vividly recalled what happened in the van?”

Duplantis countered that he only testified to what he remembered.

Delos Santos also asked if Duplantis read the affidavit that Silkwood submitted for the preliminary investigation of the case.

When Duplantis answered in the affirmative, the prosecutor commented, “You have the same version of the story.”

Then repeating her yesterday’s tack, de los Santos asked Duplantis why Joseph Khonghun would testify against them and why Nicole would accuse them of rape.

Khonghun, a prosecution witness, have stated that Silkwood and Smith carried Nicole out of the van like a pig. His testimony ran counter to the claim of the four accused that Nicole alighted the van by herself.

Duplantis answered that maybe Khonghun’s perception of what happened was “not the truth”. As for Nicole, he said he “can’t say for a fact what her reasons are”.

Ending the cross-examination, delos Santos threw a sarcastic reply: “Thank you for telling your story to the Marines.”

Meanwhile, defense lawyers said they would present a female witness on Thursday but declined to name her immediately because she might be dissuaded from testifying. Ricardo Diaz, Smith’s counsel, also promised that the defense would rest its case if it fails to present the said witness on Thursday.

Prosecutors objected, saying the rules of pretrial should be followed strictly. They cited their agreement with the defense that no “surprise witnesses” should be presented.

However, Judge Benjamin Pozon granted the defense’s appeal and allowed it to identify its witness on Monday.

Pozon then read Nicole’s and private prosecutor Evalyn Ursua’s manifestation of claim that they had “completely lost trust and confidence in the state prosecutors”.

Nicole had claimed that the prosecutors handling her case are “incompetent” and that they refused help from Ursua during the cross-examination of Smith. Nicole consequently asked the justice department last week for a replacement of four of the five public lawyers.

Yet, DOJ Secretary Raul Gonzales ruled that the public prosecutors should stay with the case. Nevertheless, he allowed Ursua “active participation” in the hearing.

“Ursua was not disallowed to participate. They were the ones who walked out and held a press conference saying they don’t want to participate anymore. We are ready to fight for this case to the end,” said delos Santos

Delos Santos added that even if Ursua may now actively participate, she is still under the control of state prosecutors.

Meanwhile, at exactly 12 noon today, Nicole blew a candle on her birthday cake bearing the message, “Justice for Nicole, Justice for Our Nation.”

Surrounded by her supporters outside Makati Regional Trial Court where the rape trial is being conducted, Nicole, who turned 23, wished for justice and inner strength.



  1. zhena cordero said,

    March 27, 2007 at 3:08 am

    didnt you think that nicole herself was also lying…We all know the consequenses of her actions..We can not blame the american when they did that to Nicole..This is to remind us drinking liquor is really not good for us especially girls and woman..who do you think fooling herself out…

  2. zhena cordero said,

    March 27, 2007 at 3:18 am

    why do we need to go on like this…its very clear to us that its a personal problem between Nicole and Smith so why does the other make a move that arent for them such a foolness

  3. joefre cruz said,

    April 27, 2007 at 12:46 am

    Naawa ako sa nangyari kay nicole kung totoo ngang na rape sya, pero sa ginawa nya, mas naaawa ako sa mga kababaihang pilipino. ang mga katulad ni nicole ang nagpapababa ng tingin ng mga dayuhan sa mga kababaihang pilipino, marami akong tanong. una ano ang ginagawa nya sa subic? gayong di naman sya taga ron, naghahanap sya ng kano? kaya nga tingin ng mga kano sa mga babae natin e mababa “pokpok”. may boyfriend syang kano, bakit pa sya nag tatambay sa subic? di pa sya kuntento? mas naaawa ako kay smith kc mas marami ang nawala sa kanya, mas nasira ang puri at kinabukasan nya, kesa kay nicole n umpisa palang e malabo n ang kredibilidad, imbes na nag aaral o nagtatrabaho, nasa subic, para ano? sana nga di na ginagastusan ng gobyerno yan si nicole, kc di naman nagbabayad ng tax yan e, at di ako nagbabayad ng tax ko para lang gastusin sa kaso nya. thanks!!

  4. Lek said,

    August 12, 2007 at 7:47 pm

    guys,we all have the same sentiments! nicole statement from the very start is unstable and even if not! why should a girl with a BF still stay in the bar for what?! She said she was with her sister and then after a month she was been grab by the americans and her sister didnt know that they left her! funny thing is some people in the government are JUST riding the popularity of the case though there were more National issues FAR more truthfull than this and much worth to being taken cared off!

  5. araf pajaro said,

    January 15, 2008 at 7:17 am

    kayo!!!!! mga pilipino sana kayo!!! pero!! sa mga kano pa kayo kumakampi!!! fuck u all!!!! u know for real!! u dont have a right to post some comment about the subic rape case!! because we dont know!! what is the truth!!! ok…. kahit naawa ako kay smith!!! o kay nicole ! at kahit na nakasuhan na si smith…. ekac!!!! ung mga kano!!! manyak ….. parang hindi nakakatikim ng sex always…

  6. January 26, 2008 at 9:02 pm

    No one is above the law when someone is forced. It would be in the same catagory as murder. If she had been raped and murder would the government taken and over look this because of politics…or would they try and you national security for the PI. Everything need to be considered to make a sound judgement call.

  7. Maria Tavares said,

    April 28, 2008 at 6:05 am

    Nicole was NOT a rape victim. She was, and still is, a SLUT and a WHORE!. I spit upon that POOTA who who ruined the life of this young man.

  8. Andrew L Mutya said,

    May 10, 2008 at 12:45 pm

    i dont think this is a serious case of rape. I dont even think it was a rape. Subic, i think is a place full of people. For the very first time why is that NICOLE didnt ask for help to other people there. Maybe she could shout. She also likes that.

  9. kaan said,

    March 18, 2009 at 7:44 pm

    i dont know if there’s really sufficient evidence to prove that she was raped or not. either way all i can say is that i am disappointed either way at nicole.


    better that she gives a clearer statement of what actually happened and what she wants to happen.


    if she was raped then she should fight for her rights and every other person who has been abused. not run away and blame it on a judicial system. if she believes that the system is broken then just runs away…

  10. floyd rogers said,

    April 23, 2009 at 3:19 pm

    The Philippine people are a terror to society! Who in their right mind would want to go to a place where this kind of thinking exist? You see now what kind of vigilante fools you are don’t you? Here is to all the accusers and hawkers, go to Hell where you belong. Go and accuse each other of things like a good Christian? You all should be ashamed of yourselves for not knowing the real truth and just start ruining life for everyone. Do something better for society like knowing first and then act. Your whole country is not right for allowing this to happen and the government should be sued for millions of dollars in cost to our government and Mr. Smith!

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