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Thursday, December 29, 2005
Custody battle looms over US Marines accused of rape
MANILA -- A possible battle looms over the custody of four US Marines accused of raping a Filipino woman, a senior official said Wednesday.
Lawmakers and prosecutors on Wednesday urged the government to insist on custody of the four Americans to ensure they are arraigned and do not flee the country.
Justice Secretary Raul Gonzales said the impression that he has from a statement issued by the US Embassy on Tuesday was that American officials "will insist on custody during the trial."
Gonzales said Washington has not responded to Manila's November 16 custody request, "but the picture has somehow changed with the indictment...You now have the court to reckon with."
"I suppose they will politely reject our request and if we are not satisfied, we can insist on negotiating on custody," he said, adding that "there could be" a custody battle.
The case, seen as a crucial test of an accord allowing American troops to train in the Philippines, would not affect bilateral ties, presidential spokesman Ignacio Bunye said.
"The Philippine and US governments are for the swift resolution of this isolated case, but always through the observance of due process," Bunye said in a statement.
"Both governments have assured that whatever the outcome, it will not in any way affect the close ties and friendship that bind the two countries," added Bunye.
Under the Visiting Forces Agreement, the US can keep custody of its personnel until judicial proceedings are completed, but shall make them available for court appearances.
In extraordinary cases, the Philippines could ask for custody, which the US "shall take into full account."
Prosecutors on Tuesday filed rape charges against the four US Marines and the Filipino driver of their rented van before a regional trial court in Olongapo, near the site of the alleged November 1 rape.
"We want custody...because in our discussion with the Americans from (the US Naval Criminal Investigation Service), they said that if these Americans leave the service, they have no hold on them anymore," June Ambrosio, one of woman's lawyers, told radio DZBB.
If they flee to the US, extradition would be difficult and expensive, Ambrosio added.
The men, who were on liberty after participating in joint exercises with Filipino forces, are in US Embassy custody.
Katrina Legarda, another lawyer for the victim, said private prosecutors may file a motion for reconsideration of the dismissal of rape charges against two other US Marines who were cleared in the case. (AP)
(December 29, 2005 issue)
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