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Saturday, December 30, 2006
Nicole's lawyer questions transfer of Smith to US Embassy
MANILA (Updated 2:10 a.m.) -- Lawyer Evalyn Ursua said the transfer of Lance Corporal Daniel Smith to the US Embassy is a clear violation of the Philippine Constitution.
Smith has been transferred from the Makati City jail to the US Embassy at about 11 p.m. Friday. He was convicted of raping Nicole, a 22-year-old Filipino woman, in November last year.
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Ursua, the victim's counsel, said Smith's transfer is a criminal act.
"Only the CA (Court of Appeals) can legally order the transfer of Smith to the US Embassy and there is no such order. This is clearly a criminal act," Ursua said over the ABS-CBN News Channel.
However, US Embassy spokesman Matthew Lussenhop said the transfer of Smith from jail to US military custody is consistent with the terms of the Visiting Forces Agreement (VFA).
"We feel that Article 5, Paragraph 6 of the VFA is very clear and specifies, 'the custody of any US personnel over whom the Philippines is to exercise jurisdiction shall immediately reside with the US military authorities if they so request from the commission of the offense until completion of all judicial proceedings.'" Lussenhop said.
But Ursua claimed they will have to clarify the effectivity of the order under the VFA.
"They cannot take the law on their own hands. We are a sovereign country. We have our Constitution. We have our laws. Any prisoner who is detained in any facility or jail will only be transferred upon a court order," she said.
Ursua added, "It is not correct to say that because there is a VFA, the US Embassy can transfer Smith from the Makati City jail to the US Embassy... that is clearly foreign intervention. They have insulted us. They break our Constitution and our laws, and our court."
She said Philippine officials involved in the transfer should be held liable.
Ursua believed that Smith's transfer was done with the authority of President Gloria Macapagal-Arroyo, adding, "this is a ground for impeachment. This is culpable violation of the Constitution. So Arroyo should be held responsible." (Sunnex)For more Philippine news, visit Sun.Star Zamboanga. (December 30, 2006 issue)
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