MARINE CASE UPDATE: APPEALS COURT DECISION NO

UNCLAS MANILA 004015 SIPDIS SENSITIVE SIPDIS E.O. 12958: N/A TAGS: PREL MARR KCRM CASC RP SUBJECT: MARINE CASE UPDATE: APPEALS COURT DECISION NO LATER THAN OCTOBER 2008 REF: MANILA 3166 AND PREVIOUS ¶1. (U) Lance Corporal Daniel J. Smith remains in U.S. custody on the Chancery grounds and continues to receive regular visits from his Philippine pastors and lawyers. He is in good physical condition and follows a daily exercise routine. ¶2. (SBU) Commander Gary Hoyt, a psychiatrist, and Chaplain Tom Devane, both from III Marine Expeditionary Force, visited Smith on December 9. They noted Smith's good morale and reported no problems. ¶3. (SBU) Philippine Department of Interior and Local Government Undersecretary Corpus visited Smith December 17. The visit -- the first since September -- lasted less than 15 minutes and was without incident. U/S Corpus told polcouns that such visits are essential to reassure the Philippine press that Smith remains in custody. ¶4. (U) There were no Marine-case related demonstrations in September, October, and November. However, approximately 30 anti-VFA protesters calling themselves the "League of Filipino Students" demonstrated in front of the U.S. Embassy on December 2. Another demonstration by approximately 100 protesters from left-leaning groups, including the League of Filipino Students, and Gabriela, a women's rights organization, also took place in front of the U.S. Embassy December 4, the anniversary of the trial court's verdict. The Philippine National Police assisted U.S. Embassy security in managing the demonstrations and there were no incidents. ¶5. (U) Media coverage of the case has decreased substantially over the last few months but some national TV and press stories or commentary appear around significant dates associated with the case. The Public Affairs Section continues to receive inquiries from local media about the status of the case, and requests for interviews with Smith, in part to assure that Smith remains in the Philippines. Embassy response is to emphasize that Smith remains in USG custody in the Philippines, and refer questions about the legal status of the case to Smith's lawyer. For the last year, Smith has declined requests for interviews. -------------- DECISION NO LATER THAN OCTOBER 2008 -------------- ¶6. (SBU) The Court of Appeals reported October 15 that the case had been "submitted for resolution," indicating that the parties had filed all pertinent briefs, the trial court had submitted the complete record, and the Appeals Court had selected the three justices who will decide the case. While various Embassy contacts had initially reported that the decision could come as early as January 2008, Associate Solicitor Earl Warren Castillo, who is handling the Marine Case at the Solicitor General's Office, asserted unequivocally that the Court of Appeals has 12 months from the time a case is "submitted for resolution" -- in this case October 15 -- to issue a decision. Castillo cited the Philippine Constitution, which states that "all cases or matters filed after the effectivity of this Constitution must be decided or resolved within twenty-four months from date of submission for the Supreme Court, and, unless reduced by the Supreme Court, twelve months for all lower collegiate courts, and three months for all other lower courts." Castillo's view contradicts what we have heard from others, including Smith's defense attorney, and the Solicitor General's office itself, but because of his reference to the Constitution, we believe it to be correct. Thus, while the Appeals Court decision could come earlier, it should not come later than October 2008. The ruling could then be appealed to the Supreme Court. 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