thedrifter
12-27-06, 07:46 AM
(UPDATE) CA issues minute reso on Smith custody case
The Court of Appeals on Wednesday issued a minute resolution on the protracted custody battle for convicted Lance Corporal Daniel Smith, ANC reported.
The appellate court said "noted" on the petition filed by a Filipino rape victim, publicly known as Nicole, to elevate the custody issue to the Supreme Court. The court also said "noted" on the very urgent manifestation filed by the Department of Foreign Affairs to turn over Smith's custody to US embassy in Manila.
Attached to the DFA's manifestation is the RP-US agreement signed by Foreign Affairs Secretary Alberto Romulo and US Ambassador Kristie Kenney stating that Smith should be turned over to the custody of the US embassy.
The report said the resolution meant to show that the CA has received the petition and manifestation and these are still being deliberated.
For Justice Secretary Raul Gonzalez, however, this meant that Smith should now be handed over to US authorities.
He said that since the appellate court did not specify in the resolution where Smith should be detained his custody should now be transferred to the US embassy.
On December 4, Makati Regional Trial Court Judge Benjamin Pozon found Smith guilty of raping Nicole inside a moving van at the Subic Bay Free Port on November 1 of last year. Three other accused US Marines -- Staff Sergeant Chad Carpentier and Lance Corporals Dominic Duplantis and Keith Silkwood -- were acquitted and immediately returned to their mother unit in Japan. The three were accused of conspiracy to commit rape.
Pozon has also rejected appeals to return Smith to US custody, saying that an American soldier convicted in a Philippine court should be detained at a Philippine jail. This decision prompted Smith’s camp to seek a temporary restraining order from the Court of Appeals on the judge’s decision. The CA has deferred judgment on the TRO. Washington, through the US embassy in Manila, has also asked the appellate court to order Smith’s return to its custody.
All appeals are based on a provision in the Philippine-US Visiting Forces Agreement (VFA) that states that custody of an accused US soldier belongs to the US government until the completion of all judicial proceedings.
Smith’s continued detention in Makati City Jail resulted in the cancellation of Balikatan joint military exercises between the US and Philippine forces next year and suspension of relief and humanitarian operations of American troops including the US military aid to storm-ravaged areas in the Philippines.
Admiral William Fallon, commander of US forces in the Pacific, had said that military and non-military operations of American forces in the Philippines would be suspended until the US government is assured that its soldiers' rights in the country would be respected.
Executive Secretary Eduardo Ermita said President Arroyo was unhappy over the suspension but he said she respects the decision of the US government.
“The President is not so happy that the Balikatan is canceled but [Mrs. Arroyo] understands the US action. [The US] is taking the executive branch to task on matter of custody. We have to understand [the US] position,” he said.
Meanwhile, Ermita announced that the Department of National Defense is now finalizing the country’s Status of Forces Agreement with Australia. “These are the things (joint military trainings) the government tries to do to enhance security posture.”
Ellie
The Court of Appeals on Wednesday issued a minute resolution on the protracted custody battle for convicted Lance Corporal Daniel Smith, ANC reported.
The appellate court said "noted" on the petition filed by a Filipino rape victim, publicly known as Nicole, to elevate the custody issue to the Supreme Court. The court also said "noted" on the very urgent manifestation filed by the Department of Foreign Affairs to turn over Smith's custody to US embassy in Manila.
Attached to the DFA's manifestation is the RP-US agreement signed by Foreign Affairs Secretary Alberto Romulo and US Ambassador Kristie Kenney stating that Smith should be turned over to the custody of the US embassy.
The report said the resolution meant to show that the CA has received the petition and manifestation and these are still being deliberated.
For Justice Secretary Raul Gonzalez, however, this meant that Smith should now be handed over to US authorities.
He said that since the appellate court did not specify in the resolution where Smith should be detained his custody should now be transferred to the US embassy.
On December 4, Makati Regional Trial Court Judge Benjamin Pozon found Smith guilty of raping Nicole inside a moving van at the Subic Bay Free Port on November 1 of last year. Three other accused US Marines -- Staff Sergeant Chad Carpentier and Lance Corporals Dominic Duplantis and Keith Silkwood -- were acquitted and immediately returned to their mother unit in Japan. The three were accused of conspiracy to commit rape.
Pozon has also rejected appeals to return Smith to US custody, saying that an American soldier convicted in a Philippine court should be detained at a Philippine jail. This decision prompted Smith’s camp to seek a temporary restraining order from the Court of Appeals on the judge’s decision. The CA has deferred judgment on the TRO. Washington, through the US embassy in Manila, has also asked the appellate court to order Smith’s return to its custody.
All appeals are based on a provision in the Philippine-US Visiting Forces Agreement (VFA) that states that custody of an accused US soldier belongs to the US government until the completion of all judicial proceedings.
Smith’s continued detention in Makati City Jail resulted in the cancellation of Balikatan joint military exercises between the US and Philippine forces next year and suspension of relief and humanitarian operations of American troops including the US military aid to storm-ravaged areas in the Philippines.
Admiral William Fallon, commander of US forces in the Pacific, had said that military and non-military operations of American forces in the Philippines would be suspended until the US government is assured that its soldiers' rights in the country would be respected.
Executive Secretary Eduardo Ermita said President Arroyo was unhappy over the suspension but he said she respects the decision of the US government.
“The President is not so happy that the Balikatan is canceled but [Mrs. Arroyo] understands the US action. [The US] is taking the executive branch to task on matter of custody. We have to understand [the US] position,” he said.
Meanwhile, Ermita announced that the Department of National Defense is now finalizing the country’s Status of Forces Agreement with Australia. “These are the things (joint military trainings) the government tries to do to enhance security posture.”
Ellie