Judge asked to defer US Marines' arrest order -- officials
First posted 01:47pm (Mla time) Jan 11, 2006
By Tetch Torres
INQ7.net

THE DEPARTMENT of Foreign Affairs has asked Olongapo City Judge Renato Dilag to defer issuance of an arrest warrant against four US servicemen accused of raping a Filipina pending negotiations between Manila and Washington over custody of the suspects, Justice and Olongapo City officials told INQ7.net.

Foreign Affairs Undersecretary Zosimo Jesus Paredes II told Dilag that Foreign Affairs Secretary Alberto Romulo was negotiating for the turnover of the Marines, according to the officials who were also informed of the talk.

The officials, requesting anonymity, said the incident that took place at the former American naval base in Subic, Zambales province was part of Romulo's agenda when he went to Washington.

Dilag was set to issue a warrant of arrest against the four accused this Wednesday.

The government has a pending request before the US embassy to acquire custody of Lance Corporals Daniel Smith, Keith Silkwood, Dominic Duplantis, and Staff

Sergeant Chad Carpentier who have been charged with raping a 22-year-old Filipina in Subic on Nov. 1, 2005.

Timoteo Soriano Jr., the Filipino driver of the van where the crime allegedly happened, was also charged.

Justice Secretary Raul Gonzalez said that a possible battle looms over custody of the four accused US Marines, with Manila and Washington both insisting on custody.

Lawmakers and prosecutors urged the government to demand custody to ensure the accused are arraigned, do not flee the country, and the country's sovereignty is upheld.

Presidential Spokesman Ignacio Bunye said the case would not affect bilateral ties between the US and the Philippines.

The case has drawn widespread media attention in this former US colony, and human rights advocates say it has opened up old wounds caused by past abuses.

It is also being seen as a litmus test for the Visiting Forces Agreement, a treaty that grants limited immunity to criminal prosecution of US soldiers taking part in anti-terrorist joint exercises here.

The US embassy in Manila had invoked the treaty in refusing to hand over the suspects, but said diplomats would turn the Marines over to authorities if the four were formally charged.

Rape in the Philippines is punishable by life imprisonment or death if there are aggravating circumstances.

Ellie