After three years in detention at the US embassy in Manila, American serviceman Lance Corporal Daniel Smith flew home on Friday after a higher court reversed an earlier court ruling convicting him of raping a Filipina. The US Embassy announced Smith's departure for St. Louis, Missouri, where his family lives after the Court of Appeals reversed the Dec. 4, 2006 decision of the Makati Trial Court Court. “Following the decision of the Philippine Court of Appeals, Daniel Smith departed the Philippines under the authority of United States military officials,” the embassy said in a statement sent. The Department of Foreign Affairs (DFA) was “duly informed” about Smith's departure, department spokesman J. Eduardo Malaya said. “The Court of Appeals' decision stated that Smith be released immediately. There is no basis by which he can be held further in custody,” Malaya said. The US embassy said it respected the court's decision, calling the alleged Subic rape incident as a “long and difficult case.” The Court of Appeals acquitted Smith after the complainant, Nicole, who is Suzette Nicolas in real life, issued an affidavit admitting that she “possibly lost (her) inhibitions” and became “intimate” with Smith, after drinking “alcoholic mixed drinks” with him when they met at a bar in Subic, Olongapo City on November 1, 2005. “Looking back, I would not have agreed to talk with Smith and dance with him no less than three times if I did enjoy his company or was at least attracted to him since I met him for the very first time on the dance floor of the Neptune Club.” On March 12, Nicole wrote a letter terminating her lawyer's services in the celebrated rape case and signed a document that she received money from Smith.
