MARINE CASE UPDATE 02/02/2007

UNCLAS MANILA 000393 SIPDIS SIPDIS E.O. 12958: N/A TAGS: PREL MARR KCRM CASC RP SUBJECT: MARINE CASE UPDATE 02/02/2007 REF: MANILA 239 AND PREVIOUS ¶1. (U) Lance Corporal Daniel J. Smith remains in U.S. custody on Chancery grounds and continues to be in good health and spirits. He receives regular visits from his Philippine pastors and his lawyers, and is able to exercise on the Embassy grounds. Four members of his family hope to visit in March; the Consular Section has provided advice about local hotels and offered to put them in contact with the American Association of the Philippines, which privately assists Americans in detention in the Philippines. ¶2. (U) Approximately 100 people attempted to demonstrate against the Visiting Forces Agreement in front of the U.S. Embassy on February 2. The police redirected them to a nearby park without incident. Media coverage of the case has significantly decreased, but continues in editorials and news items on a daily basis. ¶3. (U) The Court of Appeals has not yet notified the defense counsel and the Solicitor General that it had formally received and accepted the Makati Regional Trial Court's certified and complete record. Expectations are that this will happen within two weeks. Upon such notification, the defense counsel will have 30 days to file Smith's appellate brief, followed by another 30 days for the Solicitor General to file the government's brief. Philippine as well as Embassy officials believe the preparation of this formal record is fairly expeditious by Philippine (and even U.S.) standards. ¶4. (U) The defense counsel and the Solicitor General's office are separately finishing their response to a motion by the private prosecutor to the Supreme Court on the issue of custody. The private prosecutor has also filed a motion to the Court of Appeals asking that it rule that LCpl. Smith had "forfeited" his right to appeal the verdict because he had "escaped" and should now be considered a "fugitive." Officials in the Solicitor General's office have privately expressed confidence that the Court would dismiss this motion. 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