MARINE CASE UPDATE 06/25/2007

UNCLAS MANILA 002115 SIPDIS SIPDIS E.O. 12958: N/A TAGS: PREL MARR KCRM CASC RP SUBJECT: MARINE CASE UPDATE 06/25/2007 ¶1. (SBU) Legal update: The Philippine Solicitor General on June 17 filed a petition with the Court of Appeals for a 90-day extension in filing the government's appellate brief in the Daniel J. Smith case. The Solicitor General confirmed to Pol/C on June 22 that Court approval was virtually automatic, but said that her staff would nonetheless strive to file its motion within 30 days so as not to prolong this process unduly. She explained that the delay was due to problems in obtaining the court records. Within fifteen days of receiving a copy of government's brief, the defense lawyers have an additional 15 days to respond. (In theory, the Solicitor General can then respond to the defense response, but the Solicitor General added that this was unusual.) The Court will then have no more than 90 days to reach a verdict. The Solicitor General predicted that the latest this verdict could come -- based on maximum periods for filings -- would be January 2008, but noted that the verdict could come as early as September or October, if her office succeeds in filing its brief in July. ¶2. (SBU) Medical: Smith remains in U.S. custody on Chancery grounds and continues to be in good condition. He continues to receive regular visits from his Philippine pastors and lawyers as well as Embassy medical personnel. Smith is scheduled to visit the hospital June 26 for a minor medical procedure, on an outpatient basis. The RSO and Post medical personnel will coordinate his movements to and from the hospital. ¶3. (SBU) Media: Since the brief media coverage on his hospitalization in April, virtually all Philippine media have been focused on mid-term elections, and there has been no media attention to Smith nor inquiries to the Embassy's Public Affairs Section. 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