FIVE OF SIX MARINES SUBMIT COUNTER-AFFIDAVITS

UNCLAS MANILA 005507

SIPDIS

SENSITIVE

STATE FOR EAP, EAP/MTS, EAP/MLS, AND L/EAP
USPACOM ALSO FOR FPA HUSO
SECDEF/OSD/ISA/AP FOR ALLEN

E.O. 12958: N/A
TAGS: PREL MARR ASEC PHUM PGOV KCRM CASC RP
SUBJECT: FIVE OF SIX MARINES SUBMIT COUNTER-AFFIDAVITS
DURING SECOND PRELIMINARY HEARING

REF: A. MANILA 5459


B. STATE 212917

C. MANILA 5371

D. MANILA 5348

E. MANILA 5317

F. MANILA 5300

G. MANILA 5231

H. MANILA 5138

I. COMPACFLT PEARL HARBOR HI 030112Z NOV 05

J. OPREP-3/CTF 76.4/022000Z NOV 05 (NOTAL)


1. (SBU) Summary. Five of the six Marines accused of
involvement in the alleged rape of a Filipina submitted
counter-affidavits in the second preliminary hearing on
November 29. The attorney for the sixth, LCPL Smith, said
his client wanted to know the nature and consequences of the
complaint before making a submission. The Naval Criminal
Investigative Service (NCIS) investigation continues
separately. Charge reiterated to the Department of Foreign
Affairs that the USG would not accede to the request to
provide copies of the Marines' identity cards. End Summary.


2. (SBU) The November 29 second preliminary hearing before
the Olongapo City Prosecutor investigating the alleged rape
involving six US Marines of a Filipina was marked by legal
sparring, but, like the first hearing (ref A),was largely
uneventful. None of the six respondents, nor the
complainant, was physically present. Five of the six Marines
filed counter-affidavits, while the attorney for the sixth,
LCPL Smith, said his client wanted to know the nature and
consequences of the complaint before submitting a
counter-affidavit. ACS Chief and USMC attorney observed the
hearing.


3. (SBU) Prosecutor Prudencio Jalandoni denied the request
by the complainant's attorney for DNA samples from the six
Marines, saying that the timing was "inappropriate."
Jalandoni instructed the attorney of the driver of the
Marines' vehicle to present his counter-affidavit by December

9. (Note: The driver has been named as a respondent in the
case. End note.) He also allowed both sides an additional
five days beyond December 9 to submit any clarifying
memoranda.


4. (SBU) The lead attorney for the complainant, Katrina
Legarda, compared the poor origins of her client to the bank
of lawyers representing the respondents. Legarda said her
client would not appear in court until she "takes the witness
stand."


5. (SBU) A small crowd of leftists again demonstrated
outside the Prosecutor's office, bearing anti-American
placards with slogans like "US Troops Out Now." However,
police had the situation well in hand, and there were no
confrontations.


6. (SBU) The NCIS investigation is continuing separately.
NCIS agents will seek to obtain access this week to the
victim through her attorney, as well as to obtain statements
from other material witnesses in the case.


7. (SBU) Charge d'Affaires Jones informed Assistant
Secretary of Foreign Affairs for the Americas Abadilla that

SIPDIS
the USG believed release of the Marine's identity cards was
not required under the Visiting Forces Agreement, and,
therefore, would deny the GRP's request for copies.

Visit Embassy Manila's Classified website:
http://www.state.sgov.gov/p/eap/manila/index. cfm
Jones