MARINE CASE: VERDICT POSTPONED TO DECEMBER 4

C O N F I D E N T I A L MANILA 004810

SIPDIS

SIPDIS

STATE FOR S/ES-O

E.O. 12958: DECL: 11/21/2016
TAGS: PREL MARR KCRM CASC RP
SUBJECT: MARINE CASE: VERDICT POSTPONED TO DECEMBER 4

REF: MANILA 4712 AND PREVIOUS

Classified By: Ambassador Kristie A. Kenney for reasons 1.4
(b) and (d).


1. (C) The verdict in the Marine case has been postponed one
week and is now expected Monday, December 4. The Embassy's
Working Group, with input from representatives of the III
Marine Expeditionary Force (MEF) in Okinawa, is finalizing
post-verdict plans. Immediately following the judge's
verdict, all four of the Marines will be returned to the
Embassy. Any Marines acquitted will then be transported via
a U.S. military aircraft directly to Okinawa. Any Marines
found guilty will remain in Embassy custody, pending
decisions on incarceration and appeals issues. The attorneys
for the Marines are expected to be present at the Embassy
post-verdict in order to consult on these decisions. As soon
as we learn the verdict on December 4, DCM will brief the
State Department Ops Center.


2. (C) The DCM and PAS Counselor reviewed post-verdict plans
with Philippine Department of Foreign Affairs (DFA) officials
including Assistant Secretary for the Americas Rey A.
Carandang and the DFA Acting Spokesman J. Eduardo Malaya.
Embassy is coordinating closely with the DFA regarding public
statements on the verdict to avoid uncertainty or confusion
on the day the verdict is rendered. The text of the press
release shared with the DFA follows:

The U.S. Embassy notes the decision of the Philippines court
in the case of the four U.S. service members accused of
involvement in the alleged rape of a Filipina citizen on
November 1, 2005.

-- IF ALL CONVICTED: The four individuals will remain in U.S.
custody until the completion of all judicial proceedings, as
stipulated by the Visiting Forces Agreement.

-- IF SOME CONVICTED, SOME ACQUITTED: With their acquittal on
criminal charges, (name(s)) will return directly to their
military unit. Their departure will be coordinated with
officials of the Department of Foreign Affairs. Their
Commander will now complete his own investigation of this
case. (Name(s)) will remain in U.S. custody until the
completion of all judicial proceedings, as stipulated by the
Visiting Forces Agreement.

-- IF ALL ACQUITTED: With their acquittal on criminal
charges, the four U.S. service members will return directly
to their military unit. Their departure will be coordinated
with officials of the Department of Foreign Affairs. Their
Commander will now complete his own investigation of the case.

This has been a difficult and emotional matter for all
involved, and for their families and friends. The U.S.
Government has adhered throughout to the terms of the
Visiting Forces Agreement (VFA),which provides the framework
for U.S.-Philippines cooperation on legal cases involving
U.S. service members.


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