Remember, a while back I wrote an article here about the Subic Rape case, and the conviction of Daniel Smith in the case? It was one of the top commented articles in the history of this site. To refresh your memory, the “rape victim,” Suzette Nicolas recanted her story, and said that she wasn’t sure if she had been raped back in 2005, as she had earlier testified in court. Immediately after recanting her story, Nicolas left the Philippines and is not residing in the United States.
Well, news broke yesterday afternoon in this case again. You see, Smith had an appeal on file with the Philippine Court of Appeals. The ruling came down on Thursday afternoon, and Smith’s conviction has been overturned, thus meaning that Smith has been found not-guilty of any crime in this case.
Finally, justice for Lance Corporal Smith. I find it funny, though, that when Smith was convicted (and even when he was only accused) this was a huge news story here in the Philippines. There was a huge anti-American outcry among the public, or at least some of the public. However, this reversal, while it made news, seems to be only a minor story in the media here.
There are stories in the media where Philippine activists are claiming that the Philippine President, and the USA itself intervened with the Court of Appeals, forcing the acquital. If these statements are true, then in other words it must be said that Philippine Courts cannot be trusted. Funny, though, that these people were firm in their opinions that because Smith had been convicted by a lower court, he was guilty of the crime. So, a question for the activists… can the courts be trusted or not? You can’t have it both ways.
As of now, the Court of Appeals has ordered Smith freed “unless there are other non-related charges against him.” He is in the custody of the US Embassy in Manila, as he has been for years now. I don’t expect that any “other charges” will be found against him, and that within the next 48 hours he will be rushed out of the country before anything else can be brought up against him. I am sure that he will feel better about life as he looks down from the airplane and sees the Philippines fade into the horizon.
Is this justice? Certainly a lot of people will argue that he is still guilty and was let off. Personally, though, I believe that since the “victim” has now said that no rape ever occured, and because the Courts have found Smith to be not-guilty, this means that justice has finally been done. Do people believe the “victim” or not? Those who believed in her strongly in the past now bad mouth her and say she is a liar. Those who called her a liar before now say she is telling the truth. There are only two people who know for sure what happened that night, and they now agree that nothing illegal happened. Under these circumstances, how could it be said that Smith should be held against his will? Certainly not I.
So, unless there are any unforseen events, the Daniel Smith case will go down in history and fade from current events. Perhaps by the time you read this article, Smith will already be gone from the Philippines.
Hi Bob – Yes, quite an interesting "unfortunate social interlude" between two intoxicated individuals! 😉
Having seen this type of "activity" in many places world-wide where U.S. servicemen find a little "R&R" (not to mention "B&B" – beer and babes), I find nothing different in the Philippines as it is in places like Okinawa, Taiwan, Thailand, the UK, Germany, etc. Even the "hillbilly hick-towns" outside the gate of any base has its share of this intrigue.
I was fortunate enough never to be primarily involved in any such exploits, but I must say that it seemed like I had more than my fair share of rowdies who ended up in similar scam situations. For the record, however, I do have two former subordinates who are still locked up and eating daily portions of "fish heads & rice" in a Japanese prison!
Too easy to be ensnared in the land of enchantment! 😀
Hi Paul – I misread your last line. When you put "land of enchantment" I originally saw "land of entrapment". What a slip in reading! 😆
I was walking through Samal with my wife and a tour guide and there was an old man taking a shower. When he saw me he said hello Joe. That is one of the best memories of my time here in the Philippines. I am not and was never in the military but I am so thankful for all they have done for me and for the Philippines.
Hi brent – Ah… "hey, Joe" it is a universal call to a foreign man here in the Philippines. Some love it, as you do. Others hate it, as I do. There seems no in-between. While I understand it's use, and don't think it is generally a put down… it seems impersonal, and makes me feel uncomfortable.
I'm glad, though, that it gives you a happy memory. 🙂
No matter how it ended up its an unfortunate ordeal for both, I see no clear 'winner' regardless what the courts ruled.
no the courts can,t be trustd. Foriegner v filipino, filipino wins every time (personel experience). glad this sorry mess is over and I really hope smith can get his life back on track sooner rather than later. Entrapment? the whole case stunk of it.
hi bob, one of my trips through manila to mindano i encounterd an old man who would only call me joe joe. he was very kind to me but even though he knew my name he just wouldnt use it. i think he thought by using joe joe he was being respectful. what do you think?
the truth will come only they know and the man upstairs two lives have been changed forever
Hi brian – That is certainly true!
Hi Daryl – personally, I do not believe that it is that stark. If a foreigner has a clear case, he can win. That's how I see it, YMMV.
Hi jerry smith – It's hard to say if he thought it was respectful or not. I personally feel the opposite, although I know that many Filipinos feel it is a sign of respect.
Hi tonka – The man upstairs knows all, no doubt there! Also, those two lives were changed forever.
My two cents; since Ms. Nicolas is now residing in the U.S. maybe she is waiting to hook-up with Mr.Smith. If this is the case, I hope that he is smarter than that.
Hi Ed – Yeah, I think Smith is smarter. It is reported that Suzette Nicolas went to the USA to marry another man.
Hi Bob,
What people do under the influence of drugs, booze or both usually comes back to bite them or us sooner or later. This sounds like another seedy incident which doesn't really paint either of the parties in a great light.
Its a shame so much of our taxpayer funded resources are spent on these morons in our hospitals, criminal courts, divorce courts, jails and unemployment agencies let alone the amount of garbage we have to endure seeing and hearing about them on TV, radio, newspapers etc.. 😆
hi bob,
hidden agenda… that is what I feel about the case, I feel sorry for Daniel Smith, he spend 4 years of his life for nothing, and as for nicole, she lost all the respect from every filipino (including me) except from the group who wants to ride the situation and be loud about it. like what brian said, no one is a winner, but definitely nicole losses a lot than daniel and she and her family will carry the bad name and reputation for the rest of their life!
hi bob,
not just another man BUT a military man!
Hola Bob: I see just now on the tv, Smith already leaves the Philippines. Hasta la vista.
you might be right bob, i,m just a cynic when it comes to this sort of thing.
Talaga!
Well it's good to finally see this mess is over with for Smith, The case was a circus from the start. For Nicole her life among her fellow Country men and women is pretty much over, nobody wants to be associated with that and get their names dragged through the mud with her.
Hopefully Smith just gets a discharge and goes on with his life, I smell a million dollar book deal on this one without a doubt, don't think there won't be something in for him along that lines down the road.
Hi Michael – I can't help but agree that things that happen under the influence generally come back to bite us.
Hi Dans – I totally disagree that Suzette Nicholas is hurt more by this than Smith is. He gave up 4 years of his life! She was shielded. For example, you are still shielding her name. She is not Nicole. She is Suzette Nicholas.
True, dans.
Hi Carlin – Yes, I heard that earlier today. Philippine authorities are not happy about it either!
Hi Daryl – Don't worry, there are a lot of cynics on this topic. I am in a very small minority!
Hi Bilal – Yeah, I didn't think of that… Smith may get a payoff for those 4 years of confinement. 😆
There is talk that he'll be court martialed though.
hi bob,
I really care less whatever her real name is, the moment she retracted her case, I lost every interest about her, definitely she made a big time history not only in the philippines but globally too, her name will be in every law book, her family will be the talk of the country for the rest of their lives, don't get me wrong, I don't pity her at all, I don't even sympathize with her or with her family. what she have done just left us a bad name especially the filipinas. Daniel on the other hand loses 4 years of his life for nothing but with a bit of luck, he can compensate to whatever losses this case have done to him. I know it is bad to curse people, but i wish the U.S. government cancel her residency status and send her back to the country so she would know how people react to what she have done.
Court marshaled ..That's the government for you ..
Hi dans – I spoke too harshly, didn't mean it the way I said it. I didn't mean to imply that you were trying to cover up for Suzette, just that by using her alias, that is in effect what people are doing.
Hi Phil – We'll see what happens.
Hi Bob, there's none of the uproar that you were looking for because people already reacted when ok, Suzette Nicholas left the country. That meant that she was essentially abandoning her case. And that emabarrassed the Filipinos already. Now that the CA reversed the earlier finding of guilt, Filipinos, including me are eating a massive dose of humble pie. It was easy to root for her. She's a Filipino, & a woman at that. Lance Smith is an American service man. Anyway you look at it, Smith is an advantaged position. That the incident happened in the Phil and therefore fell under the jurisdiction of Phil courts is of little consequence here. The fact remained that Smith had the US govt at his disposal. Mindful of this, the Filipinos thought that Suzette Nicholas was telling the absolute truth inasmuch as Smith would be protected essentially by the US govt.
I read most of the comments in the newspapers and I tell you their comments were not directed to the CA vindication of Smith but the abandonment of Nicholas' case when she left the country.
I have a question though. Why do you say that Phil authorities are not happy when Smith left the Phil?
Hi Roy – the reason I said that Philippine officials are not happy about smith leaving the country is that there is talk on the news networks that the Philippine Dept of Foreign Affairs may file a Diplomatic Protest over the move. The US apparently did not notify anybody or ask for permission to take Smith out of the country.
What took place is something that happens every day – a drunken couple who have absolutely no idea what happened.The difference is that this was turned into a circus by special interest groups who really did not care about justice – only trying to find support for their causes. It also helped to fill the front pages which kept other more important things from the public eye – if you have internal problems try to find something to blame on a foreigner – it works every time.Politicians convicted the young man before his trial – the expression "sub judice" only seems to apply if a politician or personality is involved, not for the common herd.This sounds a bit cynical but I have seen it to often – and not only in the Philippines.
Hi Bob – Some say "Toe-MAY-toe," some say "Toe-MAH-Toe" ❗
(I won't make very many negative comments until the 13(g) is in my hand! 😆 )
Winner = Abogata! 😆
Hi Bryan – Most certainly a circus, no doubt there.
Hi Paul – Once you get hat Visa, you have to always be on the lookout to make sure you don't say the wrong thing! It's something we all have to get used to. 😯
Let me see if I understand everything that has transpired here. Cpl Smith was convicted of rape. His accuser recanted her original statement and has since married ANOTHER U.S. serviceman. In the meantime, Cpl Smith lost four years of his life while being under house arrest.
A couple of thoughts come to mind. Typically being raped is a very traumatic event. The last thing a victim would do is run off and get married to another man who closely represents the same thing that allegedly transpired during this supposedly traumatic event.
I guess I'm slow but I don't see any justice here. Cpl Smith will never regain the four years he lost. His accuser is living the high life in the U.S. with her new hubby. The lawyers and court officials got tons of favorable publicity by demonstrating to their public they are willing to make U.S. Servicemen obey their vision of law.
hi bob,
from reading dan's comment and your reaction to it – i thought right away that you have misunderstood him. he's actually on your side hehehe… but no worries, you corrected yourself. It's called filipino language in english vernacular hahaha..
Hi Bob,
As I see it there are three losers on this. The Filipinos who supported her is one. I pity the real rape victim next time around. The latter will have little (if any) sympathy from her countrymen.
The VFA is the second.
The third and naive loser of course is Smith.
She's a hustler (Suzette). I will speculate that she (with her lawyer of course) was able to hustle the State Department to give her the green card and be immune for future prosecution (wrongful accusation/ by recanting). I hoped she was not able to hustle some money from the Smith family (here in the U.S.) too…my conspiratorial mind thinks she probably did.
There is a potential fourth loser….her present husband.
Let me speculate further that once she finds out that the U.S. is not all Pleasantville and the 'money' is gone she'll be back there in Manila for more media circus.
Until the next episode… Abangan.
Hi David – I would not call Smith's incarceration as "house arrest" – he was in a cell in the US Embassy.
Yes, overall I would not call the event justice, but it appears that justice finally happened in the end, but leaving a legacy of injustice.
Hi janet – Yes, I agree that Dan and I have the same feelings, or closely so. For me, I simply refuse to call the girl "Nicole" any longer, though, because that was a name to shield the victim. She is no longer a victim, and doesn't deserve to be shielded.
You know… Philippines and Americans are two peoples separated by a common language. 😆 That's a twist of a quote from George Bernard Shaw.
Hi Dr. Long – I would agree with much of your speculation, but can share a few facts along those lines.
1. I would argue that she did her swindling with the help of Smith's lawyers, not hers. Her lawyer is very upset about the fact that she left the country. Smith's lawyers took her affidavit when she recanted!
2. Suzette did get money from Smith – P100k as I recall. She should have gotten nothing, but at least it's only a small amount.
It's over. Speaking as a person old enough to be a parent to these two people, I have to say I'd be glad Smith is now free and on his way home. As Nicolas' mother, I'd be hurt by the turn of events. But as any human being hearing of the circumstances of the case: the drunken carousing, the sex in the van, the cleaning of the dick with the hair and the dumping of the girl with her pants half off with the condom dangling, the recanting in exchange for immigration – I am so shamed – just like that Pinoy joke about the piglet answering "I'm so embarrassed because my mommy's such a pig" – by the degradation of humanity.
It's come to this. Just think, if any of these kids (relatively speaking) were your son or daughter – wouldn't you hang your head in shame at how they both turned out?
This is not justice, this is "come-uppance" for the role we played in shaping this society we now have.
Hi Mita – What you say is certainly true. The only thing that I would change is that Filipinos should not feel embarrassed by the actions of Suzette Nicolas. It was an act by an individual, not a country.
Bob, I'm not speaking as a Filipino, or even as a woman.
Hi Mita – Sorry, I was not so clear… I was kind of addressing what you said in conjunction with the fact that a number of others have said that all Filipinos have been embarrassed and such.
I wrote an overlong comment and then (perhaps wisely) deleted it. Bt since my dear wife chose to comment it feels a bit cowardly to just let this pass, especially under the heading of "Justice".
Regardless of the rape charge outcome, by their own testimony, four "proud" US Marines took a drunken women from a bar, defiled her, and when they were finished, threw her out on the street as if she was so much garbage.
Smith, by his own testimony, wiped his private parts with the girl's hair and threw her out of the van, partially naked, along with his used condom. Who would be proud of those men if they were their own sons? I'd be grief stricken if a son of mine behaved that way.
Many assertions have been made that the victim was a prostitute. What difference does that make? Have we descended to the point that treating a woman worse than a dog is just AOK and fine, so long as it can not be proven he used force in defiling her? Sad.
Originally the US requested Smith be turned over to the military justice system. As was their right, the government of the Philippines refused this request. Smith's companions, who were given back to the military to deal with have already faced US military justice and have all been tossed out of the USMC over their role in this incident. Philippine justice and shifting victim testimony had no role in these proceedings.
A report this morning said that Smith is in military custody on his way to Okinawa where he will face charges under the UCMJ as his accomplices did. God bless the leadership of the USMC.
There is a lot more going on here than the legal issue definition of the sex act whch took place. In the end justice may yet be served.
Hi Dave – Personally, I think Smith did some bad things. I think that Suzette did too. I believe, though, that for the events that transpired, 3 1/2 years of incarceration would constitute justice in the case. Probably the lack of justice is the fact that Suzette will never face imprisonment for her deeds in the case.
Was wrong done? Yes. By both parties, it appears. I believe that justice has been served, though, on Smith's side.
Hi bob,
here is my opinion, The only thing that make's Suzette case so strong is her statement that she was raped and the statement from people who witnessed her that she was found with her pant's down or half-naked on the street and her condition when she was found by the witnesses, If there is anything that hold the case so strong, that would be her firm statement that she was drunk and did not consent the sex which constitute a rape,
the case has been running for 4 years and suzzete has been very firm about her "recollection" of what transpired that day, her recantation brought the entire case down and she lost the credibility instantly (once she had during the initial court hearing)
As for Daniel Smith, I would like to think that his action was uncivilized when he throw out the girl half-naked on the street (apparently), even if he barely knew the girl and just met her at the bar and had a one night stand affair with her, the way he left her is like a "doing of a common rapist" (i.e. rape the girl and leave her in a disgusting condition), no man in his clear mind who had a one night sex would do what he did (unless if there is an intention of raping the girl).
based on the witness's account and suzzete's condition when she was found, there was an evidence that the sex was seemed to be of rape in nature, if the incident was a consented sex, she would be at least had her clothes on afterward.
the funny thing is and i looked at it with suspicion, they said that suzzete came from a "decent and wealthy" family, If suzzete has been applying for residency in the states before this event happened, can't she wait until she reach the states and have a sex with as many american men she want? so why go with a military men and had a sex with them in the philippines? all of a sudden, she announced that she will be leaving the country and will never come back again!. isn't that very suspicious? how many wealthy filipino family you know who left the country for good? take note (only her is leaving for good and not the entire family!) now, here is the interesting part, most rape victims are traumatized by the event, but with suzzete's case i cannot see it from her, because she just went with another military guy!
I really wanted to dismiss my suspicions but i cannot help it, does VFA has something to do with it? does suzzete got a better deal? or does she blackmailed the u.s.??
whatever the case maybe, I learned that this case are run by our kangaroo court!.
as for daniel, I really feel sorry for him, he lost 4 years of his life, well if he just kept both of his hand in his pocket, none of this would happen. so get a grip!
Hi dans – I totallly agree that Smith's action was wrong. But, that doesn't mean that if somebody is an ass they are also a rapist. According to Justice Secretary Raul Gonzalez, Suzette tried to recant her story even before the trial, and he said no. So, she was not so consistent after all.
Anyway, it's finished now. That is a good thing, and our two countries need to put it behind and move forward.
The problem with the Philippine justice system is that all high profile cases turn into a political points scoring game – everyone and his brother trying to make some capital from it – facts,evidence etc all go out the window, rumour and innuendo become more important.
My personal opinion is that this should never gone to trial – I think the young ladies recantation shows that.Nobody came out of this with any credit – the young mans behaviour was appalling – the young lady not much better.
Hi Bob, I think you're observation is correct. Most Filipinos are now ashamed of this turn of events. It's hard not to. Yet it's hard to explain why I for one, is ashamed.
Hi Bob, look at what you just: "Our two countries need to put it behind now and move forward." Whether we like it or not, we associate to this sad chapter as kababayan to both parties. BTW, it's only now that I learned of the lurid details. This has all the makings of a blockbuster movie.
Hi Bob
I don't condone the actions of either party in this case but I'm glad that a condom was used and no child was born of this unholy alliance. Could you imagine what a life a child born from this would have?
Hi Bryan – Yes, no doubt about that. High profile cases are a circus here, especially if they are political in nature.
Hi Roy – For me, being Filipino does not mean that anything that happened in this case has any bearing on you as a person. Just like me, I don't feel that the actions of other Americans, good or bad, mean anything about me.
Hi roy – Yeah, me too. Several of the things mentioned on this thread were news to me.
Hi Dan – You are certainly correct on that!
Bob are you done with this topic now 🙂 can we get to more interesting things to talk about , like the price of rice or balut ..Just joking Bob , keep up the good work Inquiring minds need to know …Phil n Jess
Hi Phil – unless something new comes up with the case, I've said all I need or want to say. Of course, if there are new developments, I may revisit the topic, but I don't expect that! 😀
Hi Bob,
I am sorry for being so late to reply on this one. Josey whines a lot when she doesn't she me write. But truth is I have been following this story in the Sun Star online. It actually makes or should make anyone like myself that met someone online or is foreign think. All it took to convict this man was one ladies word. She was not underage, at least from what I read. So maybe he was not in a Philippine prison and had soft life in US Embassy, I read that once, but for 4 years he could not go home and see family. I know that if he had been filipino and just had too much to drink with a filipina and they had sex, no charges or conviction would have occurred. Ok Josey be happy. hahaha
Hi Andy – If it happened to you or I we would be in a Philippine prison. The only reason Smith got to stay in the Embassy was because he was in the military and covered by the Visiting Forces Agreement. It is a bit scary, I agree.
Where is Daniel Smith now? I hope he’s happy ; married with kids and forget the bad past of Nicole. But not all Filipino women are like Nicole. I’m a white girl from TX and I have so many Filipino friends. Too bad that Daniel was wronly accused of rape. Nicole’s susc a looser : typical whore. Danie Smith is handsome.