In this case, the Philippine and US governments appear to have played into the
hands of leftists and nationalists all too eager to use the case to drum up
anti-American emotions and pressure President Gloria Macapagal Arroyo to
abandon her country's forces cooperation agreement with the US. It has already
caused the US to cancel a joint military exercise. Some women's groups have
also latched onto the case with immediate assumptions of guilt. The whole trial
and subsequent events have been carried on in a blaze of publicity and emotion
reminiscent of the OJ Simpson case in the US.
Inviting US forces to help suppress Abu Sayyaf and Muslim insurgency in the
south and otherwise cooperate militarily was always going to be a risky
undertaking. Arroyo gained more plaudits from President George W. Bush than she
ever did from her countrymen. It revived memories of the political struggles
that led to the removal of the permanent US bases in 1992 and re-ignited the
tension within Philippine society between those who grovel to America and those
consumed with resentment of the old colonial master.
Now Smith may be the one paying the price. The accuser's evidence against him
was uncorroborated and three companions of Smith who were present in the van
testified that the sex was consensual. All parties were said to be drunk at the
time. Though present, Smith's companions were acquitted of being accomplices.
The 40-year sentence handed down was also seen as vastly in excess of the norm
for rape offences in the Philippines.
Sympathy for Smith is widespread among Filipinos who are all too well aware how
often justice is influenced by political and other non-judicial considerations.
But nationalist sentiments have also been further fanned by an unseemly dispute
over where Smith should be held. Under a US-Philippine Visiting Forces
Agreement, military personnel charged with offences are held by the US pending
trial but if convicted must serve any sentence locally. Smith is appealing the
verdict against him but a judge has ruled that unless and until the conviction
is overturned he should be held in a Philippine jail. This has been disputed by
the US, with the backing of Arroyo. The two governments have asked the Court of
Appeal to release Smith into US custody.
This custody dispute is unfortunate. It is fanning nationalist flames and makes
it look as though Smith expects special treatment as a "white American" as one
newspaper put it. It diverts attention from the strong likelihood is that Smith
is a victim of the political and emotional divide in Philippine attitudes to
the US. Meanwhile the US can do nothing about the original verdict without
appearing to be in contempt of the Philippines judicial system, an attitude
which, however justified, would put the visiting forces agreement in jeopardy.
So Smith looks likely to be sacrificed to political opportunism on all sides.
Copyright 2006, Asia Sentinel.
Used with permission
