Triumph December 7, 2006
People have called Judge Benjamin Pozon’s verdict finding Lance Cpl. Daniel Smith guilty of rape historic, and it is. Some of you are probably too young to remember it, but there was a time when we were completely powerless to do something about the abuses of American servicemen in this country.
That was the heyday of the US military bases in Clark and Subic, when Philippine governments were willing to look the other way each time American soldiers raped Filipino women or shot Filipino kids to death -- the latter immortalized by Nora Aunor in “Minsan May Isang Gamu-Gamo” with the words, “Hindi baboy ang kapatid ko!” -- for many reasons. Not the least of them being US aid and the more direct “aid” offered by the likes of “Gapo” to the countless prostitutes and musicians who flocked there.
The offenders were never brought to trial, they were spirited away in the glare of day (never mind in the dead of night), never to be heard of again. We don’t even know if they weren’t given medals in lieu of discharge for discharging themselves manfully, or showing exceptional courage amid the threat of venereal disease.
No American serviceman has yet been convicted of any serious crime in this country, let alone sentenced to 40 years in a local jail. I don’t know which is worse, the 40 years or the local jail. They have been pretty much free to pursue R and R by their own definition of it, constrained only by their consciences, which have been dulled by the very nature of their training and the guilt-cleansing agent called “anti-terrorism,” and the threat of having their knuckles rapped since bad behavior, such as rape, raises all sorts of questions about what anti-terrorism is and who it is meant to be anti.
You look at it from that perspective, and you truly appreciate the historicity of Pozon’s ruling. Indeed, you look at it from the perspective of this government’s own efforts to repeat the past, and you truly appreciate the depth of Pozon’s courage. Frankly, I didn’t expect the outcome to be like this. Ignacio Bunye says the ruling is “a triumph of impartial justice.” Well, the government he serves may not take credit for it. If it happened, it happened not because of but in spite of this government. Pozon’s ruling unleashes a veritable sea change in Philippine-American relations.
In one fell swoop, it redefines “special relations,” a term that has taken on garish connotations, “special,” in particular, meaning special treatment, if not special "siopao" dumpling. Before this, I had thought we were worse off than Okinawa. There, at least public protest compelled the local government to run after American servicemen accused of raping high school girls in particular, which was threatening to become an epidemic from official indifference, if not blindness. Pozon’s ruling sets things on a more even keel. Or at least it cranks up the rusty engine that could go there.
But more than a triumph for sovereignty, Pozon’s ruling is a triumph of justice.
That ultimately is what this is all about. This is not about “special relations,” this is not about women empowerment, this is not about people marching and governments hedging, however those things loom large in the background. It is about right and wrong. It is about righting wrongs. It is about giving justice to the aggrieved.
I must confess, too that as the trial wore on, I didn’t know the truth anymore. My only concern was that the process was carried out fair and square, which was something the newspeak justice secretary seemed determined to impair. I don’t know what kind of pressure was put on Pozon by all the interested parties in this case. I don’t know what kind of pressure he personally felt, real or imagined. But his ruling indicates that whatever weight was put on him or he personally felt, he fought it off magnificently.
His ruling is well thought out. It is at least well reasoned. Pozon rattles off the points that damn Smith -- if not to hell, at least to 40 years of local jail, and again I don’t know which is worse. Smith admitted to having sex with Nicole. Nicole was in no condition to have consensual sex given that she was right out of her mind from drink. Nicole struggled and resisted. The medical findings showed her to have suffered injuries consistent with forcible sex. There is no (reasonable) doubt about it: Smith raped “Nicole.”
Of course, Pozon’s ruling hasn’t pleased everybody, not those who wanted all of the accused freed, and not those who wanted all of them jailed. Speculation is rife that Smith, the youngest and lowest-ranking of the accused, might have been the victim of an initiation rite. Which seems to jibe with the original statement of the driver that Smith was egged on by his fellows with cries of “F--k! F--k! F--k!” But that wasn’t proven by the prosecution. Smith in any case deserves little sympathy: His fellows might have done him a disservice, but he did another human being an utter wrong. The real tragedy has not befallen him, it has befallen “Nicole.”
I’ll take Pozon’s judgment for what it is, and commend him from the bottom of my heart. I don’t know that Time Magazine would have cited him as one of Asia’s heroes—what he did would seem par for the course elsewhere. But for us, well, like the Supreme Court decisions thwarting iniquity, which would also be par for the course elsewhere, it is heroic in the extreme. We’ve another hero to look up to in these days when heroism seems to have become rarer than a traffic cop in rain. While at this, the courts seem to be on a roll. They’ve become the last bastion of courage in a time of cowardice. They’ve become the last vestige of sanity in a time of madness.
Pozon for one has just shown there’s still justice in this world. May his tribe increase.
http://opinion.inq7.net/inquireropinion/columns/view_article.php?article_id=36783