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thedrifter
12-12-06, 06:25 AM
Smith stays at Makati jail
ABS-CBNNEWS

Judge Benjamin Pozon of the Makati Regional Trial Court on Monday deferred issuing a ruling on the detention and custody of convicted Lance Corporal Daniel Smith of the US Marines.

The court's failure to issue a ruling will extend Smith's detention at the Makati City Jail.

On Monday police officers and jail guards prepared themselves for Smith's proposed transfer of custody to the US embassy. The court, however, did not issue a decision as initially expected.

Smith, meanwhile, spent the day playing chess and scrabble. He also read books brought by officials from the US embassy to keep himself busy while waiting for the court's decision.

Superintendent Delvic Oreiro, the jail's warden, said he briefed officers earlier on how Smith was supposed to be transferred.

The Bureau of Jail Management and Penology has assigned some 40 additional personnel to prevent protesters from getting near the detention center once BJMP transfers Smith.

A civil disturbance unit has also been alerted in the event protesters advance toward the jail.
Smith was found guilty last week of raping a Filipino woman inside a van in Subic Bay Freeport last year. The 21-year-old serviceman was sentenced to life imprisonment.
Pozon ordered his detention at the Makati jail.

The US embassy, however, demanded custody of Smith as stated in the Visiting Forces Agreement. The VFA states that American servicemen who are accused of crimes in the Philippines shall be detained within US jurisdiction until all legal proceedings have been finalized.

The written agreement between the Philippines and the US has been presented last Friday in court but Pozon questioned the signatories.

Chief State Prosecutor Jovencito Zuņo was the one who signed the document as instructed by Justice Secretary Raul Gonzalez.

Pozon said he will not recognize Zuņo’s authority, adding that only Cabinet members are permitted to certify the agreement.

On Monday Smith's legal counsel presented the same document with Gonzalez's signature.

Ellie