Another political rape trial

Belmont Club:

One of the issues that has been ignored by most US media has been the trial of Lance Corporal Daniel Smith, USMC for the rape of a Filipina girl. Smith was convicted of a trial court in proceedings which have divided observers. Smith was originally one of alleged gang rapists in a trial that has become a cause celebre with the Philippine Left. But after it become obvious that there was no gang rape, Smith was nevertheless convicted of rape for having sex with an intoxicated woman whose diminished capacity prevented her, in the reasoning of the judge, from giving consent in any event. But the political undercurrents were never far beneath the surface. Smith's trial has become a test of strength -- or perhaps a bargaining chip -- between a Left which wants to cancel the status of forces agreement known as the VFA between the US and the Philippines, under which training and aid are provided to the Philippine Military, and the Arroyo government, which needs the assistance badly.

There is some disagreement among reasonable people as to whether or not Smith should have been convicted. But there seems little doubt that the trial was surrounded by a cloud of publicity from the first day. After Smith's conviction, he was removed from the custody of the US embassy to a local jail, despite provisions in the VFA that the accused should remain in US custody until legal proceedings are completed -- and they are not since Smith is allowed to appeal. After Smith was subsequently returned to US embassy -- without a court order and under irregular circumstances -- President Arroyo justified the Smith's transfer of custody in the following way.

Quezon City (2 January) -- President Gloria Macapagal Arroyo on Tuesday said that convicted rapist US Marine Lance Corporal Daniel Smith was transferred to US custody even without a court order to stem the "further deterioration of the strategic relationship" of the Philippines and the US.

"The government had to take this action in order to forestall the further deterioration in our strategic relationship with the United States, which was being rapidly eroded by our non-compliance with the Visiting Forces Agreement (VFA)," Mrs Arroyo said in a statement.

"I therefore ask all Filipinos to stand by it and to stand behind our alliance with the United States to fight terror and poverty," the President added. (PIA)

As it happens, I had dinner a few days ago with a lawyer who helped examine the legality of the Smith's detention at a local jail instead of at the US Embassy. He said that the text of the status of forces agreement was clear. Custody to the US until the legal proceedings were completed....

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There is much more. The Arroyo approach is known as the weakness argument used to avoid responsibility for doing what you are required to do in the first place. This unfortunate Marine appears to be a victim of the left's hatred for the use of force against our enemies. The Marine just becomes a prop for their anger over a policy argument that they lost. In their pursuit of injustice they are on the same plane as North Carolina's Nifong.