MARINE CASE UPDATE 02/09/2007

UNCLAS MANILA 000467 SIPDIS SENSITIVE SIPDIS E.O. 12958: N/A TAGS: PREL MARR KCRM CASC RP SUBJECT: MARINE CASE UPDATE 02/09/2007 REF: MANILA 393 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. ¶2. (SBU) Department of Interior and Local Government Undersecretary Corpus visited Smith February 7. The visit -- the first since January 5 -- lasted less than 15 minutes and was without incident. ¶3. (U) There have been no case-related demonstrations in front of or near the U.S. Embassy since February 2. Media coverage of the case continues to decrease and articles appear infrequently. ¶4. (U) The Court of Appeals has yet to receive the Makati Regional Trial Court's certified and complete record of the case. Upon such receipt, the Court of Appeals will notify defense counsel, which will then have 30 days to file Smith's appellate brief. ¶5. (U) The defense counsel and the Solicitor General's office have each filed a response to a petition by the Private Prosecutor to the Supreme Court that it nullify the Philippine government's transfer of Smith to U.S. custody. ¶6. (U) In a separate proceeding, the Supreme Court ruled on February 6 that the Private Prosecutor's petition to declare Article V paragraph 6 of the Visiting Forces Agreement "unconstitutional" was moot. In its decision, the Supreme Court said the issue whether the U.S. obligation to present the accused for trial continues after one year was "merely academic . . . since the one-year period was not exceeded." 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