DFA now says Panamanian has immunity; court orders release

MANILA, Philippines—In a baffling new twist, a Makati court has ordered the release of a Panamanian accused of raping a 19-year-old girl, after the Department of Foreign Affairs reversed itself and issued another certification declaring that he in fact was covered by diplomatic immunity.

Erick Bairnals Shcks, a technical officer of the Panama Maritime Authority, was released from police custody on Monday afternoon on the strength of an order from Judge Honorio Guanlao of the Makati Regional Trial Court Branch 57, who also directed the police to withdraw the rape case.

The head of the police Criminal Investigation and Detection Group’s Women and Children’s Protection Division, Superintendent Emma Libunao, said they complied with the order and freed  Shcks, 35,  at past 4 p.m.

She admitted she was befuddled by the new certification from the DFA after it had earlier issued a document saying that while the suspect enjoyed certain diplomatic privileges, immunity from a criminal suit was not among them.

“The first certification did not say outright that he had no diplomatic immunity… but the second certification spelled it out that he had diplomatic immunity,” Libunao said.

She said the CIDG had no choice but to comply with the Makati court’s order.

“As far as we are concerned, we did everything to pursue the case. We launched a hot pursuit against the suspect. We took him in custody. We filed the case. We were not remiss in our duties,” she said in a phone interview.

The complainant said the rape occurred at about 11 p.m. on April 23 when Shcks invited her over to his place after befriending her a few days earlier and having dinner. She told investigators the suspect made her sniff marijuana, rendering her almost unconscious, and then raped her.

The alleged victim reported the crime to the CIDG in the morning of April 24, and CIDG operatives caught up with the Panamanian at a McDonald’s branch in Makati City.