Woman attacks rape accused

2006-07-10 21:12

Manila - A Filipino woman on Monday used her fists to attack a US marine she has accused of rape as she headed toward the witness stand to testify.

The 22-year-old woman, known in court by the pseudonym "Nicole," last week identified lance corporal Daniel Smith as the man who allegedly raped her on November 1 inside a van.

As she was walking toward the witness stand to resume her testimony in the Makati regional trial court in Manila, she suddenly turned toward Smith and started hitting him with her fists and handbag.

Court officials and US embassy staff quickly moved to separate them, and the woman was led into a toilet with her lawyer, Evalyn Ursua.

Four accused

Smith, 21, of St Louis, Missouri, was sitting with lance corporal Keith Silkwood and lance corporal Dominic Duplantis, while staff sergeant Chad Carpentier was seated with the defence lawyers.

The three are also charged in the case for allegedly cheering Smith on.

Ursua said Nicole told her that when she was walking into the court, the Americans' legs were blocking her way, and while they did not try to trip her, she lost her balance and fell.

'Filled with anger'

"She was filled with anger, that's what she told me. She gave vent to her anger against the accused," Ursua said.

After the commotion, the marines - who could face up to 40 years in prison if convicted - were surrounded by embassy personnel and Smith was moved to another bench in the courtroom. The judge admonished both sides.

The woman testified on Thursday that she was intoxicated while dancing with her sister at the Neptune bar when Smith grabbed her by the wrist to dance.

'Someone was lying on top of me'

She testified that she'd continued to drink, and was then forced out of the bar.

"The next thing I remember, someone was lying on top of me," she said, before breaking down in tears. "Someone was kissing me. ... It was Smith."

The woman told the court on Monday that Smith kissed her on her lips, neck and chest and fondled her breast. She said she tried to use her hands to push him away, but was unable to stop him "because I was very weak and he was heavy".

"I did not like what he was doing to me," she said, before breaking down again. I don't know anymore what happened.

"But when I regained my consciousness, I was already on the ground."

- AP