MARINE CASE UPDATE 06/23/06

UNCLAS MANILA 002634

SIPDIS

SIPDIS

E.O. 12958: N/A
TAGS: PREL MARR KCRM CASC RP
SUBJECT: MARINE CASE UPDATE 06/23/06

REF: MANILA 2577 AND PREVIOUS


1. (U) Summary. The trial of four U.S. Marines accused of
raping a Filipina is proceeding slightly more slowly than
anticipated, and may move to a five-day-a-week schedule in
July. Developments during the week of June 19 included a
concession by prosecutors that physical evidence in the case
was mishandled and the testimony by NCIS and U.S. Navy
personnel. Media coverage in the case is waning, and
protests seem to have ceased altogether. Mission continues
to provide support to ensure the safety of the Marines. End
Summary.


2. (U) The trial of four U.S. Marines accused of raping a
Filipina continued during the week of June 19. Judge Pozon
has adjusted the court schedule so that sessions are now
being held on Monday, Tuesday, Thursday, and Friday. The
Prosecution is expected to continue presenting its case for
at least another two weeks. The trial is running slightly
behind schedule, and Judge Pozon may impose a 5-day-a-week
schedule in July. As of June 16, Judge Pozon is no longer
requiring either the defendants or the complainant to appear
in court. June 22 was the first day that the complainant did
not attend the trial. The attorneys for the four Marines
have said that the Marines will continue to attend regardless
of whether or not their attendance is compulsory.


3. (U) The most significant development in the trial this
week is likely to be the concession by prosecutors that
physical evidence in the case was mishandled by the Subic Bay
Metropolitan Authority's Intelligence and Investigation
Office (IIO). IIO officers testified on June 22 as to their
handling of the physical evidence, including the complainants
clothing and a condom found on the scene, immediately after
she reported the incident. No semen was found in the condom
or on the complainant's clothing, however.


4. (U) Singapore NCIS Special Agent Bruce Warshawsky and EN2
Christopher Mills (USN) testified on June 20. Warshawsky and
Mills were the most recent American witnesses based outside
the Philippines to be called to the stand. There are no
immediate plans to call other such witnesses, and Mission is
urging the court to accept depositions should other Americans
outside the Philippines be required to testify in the case.


5. (U) Local media coverage of the case has remained factual
while declining in overall visibility. The case is now off
the front page of most dailies, and all newspapers are
allocating fewer column-inches to coverage than in previous
weeks. Protests outside the court have also ceased. The
courtroom gallery, though seemingly populated with supporters
of the complainant, has been well-behaved.


6. (U) Mission continues to provide security, citizen
service, and other support to the Marines during the trial.
Personnel from Third Marine Expeditionary Force (III MEF),
JUSMAG, Regional Security Office (RSO),and the Consular
Section continue to attend all court sessions. RSO remains
pleased with the extent and quality of security support,
including a S.W.A.T. team, being provided by the local
mayor's office and police department.

Kenney