thedrifter
12-28-06, 07:42 AM
Solgen insists on US custody for Smith
The Office of the Solicitor General on Thursday filed a manifestation and a motion before the Court of Appeals reiterating the government’s position to transfer the custody of convicted Lance Corporal Daniel Smith to US authorities, ABS-CBN News reported.
The OSG noted that the Dec. 22, 2006 agreement between the Philippine and US governments warrants the immediate issuance of a temporary restraining order against the continuous detention of Smith at the Makati City Jail.
Foreign Affairs Secretary Alberto Romulo and US Ambassador Kristie Kenney had signed the agreement to remand custody of Smith to the US embassy.
The OSG also insisted that the agreement has already fulfilled the condition set by Makati Judge Benjamin Pozon.
The judge had questioned the first agreement signed by Chief State Prosecutor Jovencito Zuņo and Kenney allowing the transfer of Smith to the US authorities. He said that only President Arroyo or the foreign affairs secretary could enter into such agreement.
On Wednesday the appellate court issued a minute resolution on the protracted custody battle for Smith. It "noted" the petition filed by rape victim "Nicole" to elevate the custody issue to the Supreme Court. It also noted the very urgent manifestation filed by DFA to turn over Smith's custody to US embassy.
On December 4, Pozon found Smith guilty of raping Nicole inside a moving van at the Subic Bay Free Port on November 1 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 TRO from the Court of Appeals on the judge’s decision. The CA has deferred judgment on the TRO. Washington, through the US embassy, 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 that states that custody of an accused US soldier belongs to the US government until the completion of all judicial proceedings.
Ellie
The Office of the Solicitor General on Thursday filed a manifestation and a motion before the Court of Appeals reiterating the government’s position to transfer the custody of convicted Lance Corporal Daniel Smith to US authorities, ABS-CBN News reported.
The OSG noted that the Dec. 22, 2006 agreement between the Philippine and US governments warrants the immediate issuance of a temporary restraining order against the continuous detention of Smith at the Makati City Jail.
Foreign Affairs Secretary Alberto Romulo and US Ambassador Kristie Kenney had signed the agreement to remand custody of Smith to the US embassy.
The OSG also insisted that the agreement has already fulfilled the condition set by Makati Judge Benjamin Pozon.
The judge had questioned the first agreement signed by Chief State Prosecutor Jovencito Zuņo and Kenney allowing the transfer of Smith to the US authorities. He said that only President Arroyo or the foreign affairs secretary could enter into such agreement.
On Wednesday the appellate court issued a minute resolution on the protracted custody battle for Smith. It "noted" the petition filed by rape victim "Nicole" to elevate the custody issue to the Supreme Court. It also noted the very urgent manifestation filed by DFA to turn over Smith's custody to US embassy.
On December 4, Pozon found Smith guilty of raping Nicole inside a moving van at the Subic Bay Free Port on November 1 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 TRO from the Court of Appeals on the judge’s decision. The CA has deferred judgment on the TRO. Washington, through the US embassy, 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 that states that custody of an accused US soldier belongs to the US government until the completion of all judicial proceedings.
Ellie