One of the six US marines accused of raping a 22-year-old Filipina might be released since the victim and a key witness had failed to identify him in their sworn statements, Philippine Justice Secretary Raul Gonzalez said on Tuesday.

"It should be in his favor. If he is not really mentioned, he is free," Gonzalez said of the US marine Dominic Duplantis who was not mentioned as one of the suspects by the victim and Filipino driver Timoteo Soriano.

However, Gonzalez told a press conference here that Duplantis had to submit a counter-affidavit indicating that Soriano and the victim did not name him. "If he was not mentioned, that is a good defense," Gonzalez said.

As for the other suspects including Daniel Smith, Chad Carpentier, Corey Burris, Albert Lara, and Keith Silkwood, Gonzalez said that the accused could and would be tried for rape.

He said there was really no difference if the US marines would be detained in a local jail or the US embassy, when asked about the development on the Philippines' official request for US embassy to turn over the suspects since last week.

"The effect is only psychological. If they are with us, we can see them everyday but beyond that, what?" Gonzalez asked.

Gonzalez said that the most important was that the US government assured the Philippines of full cooperation. "But since we have filed for custody, we might as well pursue it," he added.

The accused marines belong to the visiting US troops involved in a US-Philippine joint military exercise that ended early this month.

The suspects allegedly gang-raped the Filipina on Nov. 1 in a rented van driven by Timoteo Soriano. They are currently under control of US embassy, being damned by the Philippine public opinion that they are enjoying undeserved judiciary privileges.

Source: Xinhua