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