PROSECUTOR CONCLUDES PRELIMINARY HEARINGS IN SUBIC

UNCLAS MANILA 005755

SIPDIS

SENSITIVE

STATE FOR EAP, EAP/MTS, EAP/MLS, AND L/EAP
USPACOM FOR WILLIAM ALDERSON
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: PROSECUTOR CONCLUDES PRELIMINARY HEARINGS IN SUBIC
ALLEGED RAPE CASE

REF: A. MANILA 5507

B. MANILA 5459

C. STATE 212917

D. MANILA 5371

E. MANILA 5348

F. MANILA 5317

G. MANILA 5300

H. MANILA 5231

I. MANILA 5138

J. COMPACTFLT PEARL HARBOR HI 030112Z NOV 05

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


1. (SBU) Summary: The prosecutor presiding over alleged
rape case hearings involving six US Marines announced that
the December 9 preliminary investigation hearing would be the
last. He gave all parties a deadline of December 19 to
submit all memoranda, after which he will determine whether
there is sufficient evidence to file charges against any of
the Marines. The prosecutor has until January 2 to determine
whether or what charges will be filed. Lawyers for the
Marines told emboffs that the affidavit presented at the
hearing by the attorney for the potential witness Timoteo
Soriano (the van driver) reiterated claims that Soriano had
made during an earlier radio interview that he had been
coerced into signing his original statement implicating the
Marines. End Summary.


2. (SBU) On December 9, Olongapo City Prosecutor Prudencio
Jalandoni held the third preliminary hearing investigating
the alleged rape of a Filipina by six US Marines. The
prosecutor requested a counter-affidavit by the driver of the
Marines' van, Timoteo Soriano, whom he named as a respondent,
even though Soriano had not been named in the original
complaint. Soriano's attorney argued that his client need
not submit a counter-affidavit because he was not a
respondent in the case. Soriano's attorney eventually did
produce an unsigned counter-affidavit on behalf of his
client. (Note: Lawyers for the Marines indicated to emboffs
that Soriano's affidavit reiterated statements he had made on
a November 12 radio program, hosted by Vice President Noli De
Castro, that he had been coerced into signing his original
statement implicating the Marines. End Note.)


3. (U) The prosecutor ordered Soriano to appear personally
before him to swear the counter-affidavit by December 19. He
declared both Soriano's original affidavit and the
counter-affidavit will go on the record. All parties have
until December 19 to submit all memoranda to the City
Prosecutor's office. However, there will be no more hearings
relating to the case, he announced. The prosecutor has until
January 2 to determine whether or what charges will be filed,
but he may reach a decision sooner.


4. (U) None of the Marines, any witnesses, or the
complainant were present at the hearing. Although the
prosecutor subpoenaed Soriano to appear, only his lawyer
attended, along with attorneys for the other respondents and
the complainant. Approximately 40 members of the press
covered the proceedings, which were broadcast on live
television. Demonstrations by leftist and women's groups
outside the hearing were small and no violence nor arrests
were reported.

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

Jones