Court Orders Doctor To Testify In Rape Case Against Four U.S. Marines
Komfie Manalo - All Headline News Foreign Correspondent Makati City, Philippines (AHN) - A court on Monday ordered the doctor who examined the Filipina girl who is accusing four U.S. servicemen or rape, to disclose details of his conversation with the victim. Makati Regional Trial Court Judge Benjamin Pozon overruled the argument of the prosecution that the conversation between Dr. Rolando Ortiz of James L. Gordon Memorial Hospital and "Nicole," the court-appointed name of the victim, was privileged communication. The judge says the rule of privileged communication between doctor and patient could not be invoked in this case, saying "Such privileged communication may be raised only in a civil action and that the information sought to be elicited from the witness is, to the mind of the Court, material and relevant to the case." Ortiz, testified before the court that contusions found on the victim's genital area were consistent with injuries and lacerations of rape victims. During cross-examination, defense lawyer Jose Justiano asked him, if based on his interview with the victim, she had previous sexual experience. He refused to answer citing privileged information between doctors and patients. Ortiz will return to the witness stand on Tuesday for further cross-examination. "Nicole" accused Lance Corporal Daniel Smith of raping her inside a moving van at the Subic Bay Freeport, a former American naval base, |
