No diplomatic immunity for Panamanian in rape case

It turns out the Panamanian man accused of raping a 19-year-old girl in Makati City on Monday does not enjoy diplomatic immunity after all and that he will likely spend time in la cárcel (jail).

The police Criminal Investigation and Detection Group (CIDG) said Thursday it had pressed rape charges against 35-year-old Erick Bairnals Shcks—who holds a diplomatic passport—and would request his transfer to the Makati police station where he would be detained.

Also on Thursday, the complainant who identified herself as “Ana” sent a statement to the Inquirer, saying: “I want the world to know that I’m not stupid and that I was deceived, coerced and forced into a situation of my own dislike and that I want to bring what happened to me to justice.”

“I’m a good person with a good day job and my family and sister to support. This is not what happens to good persons and I am in great outrage (and so is) my family,” she said in a text message.

Earlier, the Panamanian ambassador interceded on Shck’s behalf and sought his release, insisting that he was protected by diplomatic immunity.

Technical officer

But “apparently, the DFA [Department of Foreign Affairs] found out that he is not covered by diplomatic immunity,” said CIDG Women and Children Protection Division head Superintendent Emma Libunao.

The DFA told the CIDG that Shcks was a technical officer of the Panama Maritime Authority and, while he worked for the embassy and held a diplomatic passport, he did not enjoy immunity.

The incident reportedly occurred around 11 p.m. on April 23 when Shks invited the girl to his place after befriending her a few days earlier. She told investigators the suspect made her sniff a “marijuana-like substance,” which rendered her nearly unconscious, and then raped her.

She reported the crime to the CIDG on April 24 (not 25, as reported earlier) and agents caught up with the suspect at a McDonald’s in Makati.

‘Swift reporting’

In her text message, Ana maintained that “the most vital part of my case was my swift reporting of the crime.”

“After the incident,” she said, “I went straight to my lola’s (grandmother’s) house to inform her of what happened to me.

“We went straight to Makati Med to assess my condition and the medico-legal there advised us to go to Camp Crame to report the crime. We arrived at the CIDG at around 2 a.m. where I was processed medically and my statement taken.

“We finished the procedures by 9 a.m. and the police led by (Senior Inspector) Napoleon Cruz went with us to arrest the guy.”

Libunao said Shcks was under CIDG custody, but was not being held with other inmates as part of protocol involving foreign suspects.

She said the suspect refused to say anything to investigators about the incident.

He was assigned a lawyer from the Public Attorney’s Office but he declined to submit a counter-affidavit in response to the alleged victim’s allegations, Libunao said.

“This means the prosecutor will decide on whether the case has probable cause based only on the medical report and the girl’s complaint,” she said.

She added that investigators were in constant contact with the DFA and Panama Embassy officials, who as of Thursday were still seeking custody of the suspect.