Identifier
Created
Classification
Origin
06MANILA4986
2006-12-13 09:50:00
CONFIDENTIAL
Embassy Manila
Cable title:
JUDGE DENIES CUSTODY MOTION ON LCPL. SMITH
how-toVZCZCXRO3700 OO RUEHNH DE RUEHML #4986 3470950 ZNY CCCCC ZZH O 130950Z DEC 06 FM AMEMBASSY MANILA TO RUEHC/SECSTATE WASHDC IMMEDIATE 4259 INFO RUEHNH/AMCONSUL NAHA IMMEDIATE 0064 RHHMUNA/CDRUSPACOM HONOLULU HI IMMEDIATE RUEKJCS/SECDEF WASHDC IMMEDIATE
C O N F I D E N T I A L MANILA 004986
SIPDIS
SIPDIS
E.O. 12958: DECL: 12/13/2016
TAGS: PREL CASC MARR RP
SUBJECT: JUDGE DENIES CUSTODY MOTION ON LCPL. SMITH
REF: MANILA 4968
Classified By: Ambassador Kristie A. Kenney, reasons 1.4 (b) and (d)
C O N F I D E N T I A L MANILA 004986
SIPDIS
SIPDIS
E.O. 12958: DECL: 12/13/2016
TAGS: PREL CASC MARR RP
SUBJECT: JUDGE DENIES CUSTODY MOTION ON LCPL. SMITH
REF: MANILA 4968
Classified By: Ambassador Kristie A. Kenney, reasons 1.4 (b) and (d)
1. (U) Makati City Regional Trial Court Judge Benjamin
Pozon on December 13 denied a motion by the attorneys of
Lance Corporal Daniel Smith, supported by representatives of
the Departments of Foreign Affairs and Justice, to return him
to U.S. custody in accordance with the Visiting Forces
Agreement. His central argument was that Article 10 of the
VFA (regarding joint approval of a detention facility
following conviction),rather than Article V, para 6
(regarding U.S. right to custody until the end of judicial
proceedings) was now operative following his verdict in the
case.
2. (C) Malacanang convened an action meeting immediately
following the decision. The group instructed the Department
of Foreign Affairs, working through the Solicitor General, to
prepare an "intervention" to submit in support of the motion
by defense attorneys to the Court of Appeals calling for the
immediate return of LCpl Smith to U.S. custody and an
immediate reversal of Judge Pozon's decision. The full text
of Judge Pozon's six page ruling only became available in
mid-afternoon, so defense attorneys have indicated that they
will be unable to file at the Court of Appeals until OOB on
December 14, local time. DFA and the Solicitor General are
working to complete their document to submit immediately
after the defense attorneys file their motion. (According to
Philippine law, they cannot move to intervene until after the
defense files its motion.) Both the defense lawyers and the
government will ask for an immediate ruling by the Court of
Appeals. DFA confirmed that its submission would be ready at
OOB on December 14.
3. (C) Ambassador chaired an in-house inter-agency meeting
to come up with recommendations for next steps by the USG,
which septel will outline.
Visit Embassy Manila's Classified SIPRNET website:
http://www.state.sgov.gov/p/eap/manila/index. cfm
You can also access this site through the State Department's
Classified SIPRNET website:
http://www.state.sgov.gov/
KENNEY
SIPDIS
SIPDIS
E.O. 12958: DECL: 12/13/2016
TAGS: PREL CASC MARR RP
SUBJECT: JUDGE DENIES CUSTODY MOTION ON LCPL. SMITH
REF: MANILA 4968
Classified By: Ambassador Kristie A. Kenney, reasons 1.4 (b) and (d)
1. (U) Makati City Regional Trial Court Judge Benjamin
Pozon on December 13 denied a motion by the attorneys of
Lance Corporal Daniel Smith, supported by representatives of
the Departments of Foreign Affairs and Justice, to return him
to U.S. custody in accordance with the Visiting Forces
Agreement. His central argument was that Article 10 of the
VFA (regarding joint approval of a detention facility
following conviction),rather than Article V, para 6
(regarding U.S. right to custody until the end of judicial
proceedings) was now operative following his verdict in the
case.
2. (C) Malacanang convened an action meeting immediately
following the decision. The group instructed the Department
of Foreign Affairs, working through the Solicitor General, to
prepare an "intervention" to submit in support of the motion
by defense attorneys to the Court of Appeals calling for the
immediate return of LCpl Smith to U.S. custody and an
immediate reversal of Judge Pozon's decision. The full text
of Judge Pozon's six page ruling only became available in
mid-afternoon, so defense attorneys have indicated that they
will be unable to file at the Court of Appeals until OOB on
December 14, local time. DFA and the Solicitor General are
working to complete their document to submit immediately
after the defense attorneys file their motion. (According to
Philippine law, they cannot move to intervene until after the
defense files its motion.) Both the defense lawyers and the
government will ask for an immediate ruling by the Court of
Appeals. DFA confirmed that its submission would be ready at
OOB on December 14.
3. (C) Ambassador chaired an in-house inter-agency meeting
to come up with recommendations for next steps by the USG,
which septel will outline.
Visit Embassy Manila's Classified SIPRNET website:
http://www.state.sgov.gov/p/eap/manila/index. cfm
You can also access this site through the State Department's
Classified SIPRNET website:
http://www.state.sgov.gov/
KENNEY