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Wednesday, January 03, 2007
Lawyer raps officials over US Marine's transfer
MANILA -- Philippine officials defended their decision Tuesday to transfer a US Marine convicted of rape from a local jail to the American Embassy, as a lawyer for the victim filed a complaint of contempt against them.
The lawyer, Evalyn Ursua, alleged that the interior and justice secretaries violated the order of the Court of Appeals to keep Lance Corporal Daniel Smith in a Manila jail when they moved him to US custody while he appeals his conviction and a 40-year prison sentence.
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She said they consider the "surreptitious" transfer of Smith on the night of December 29 as an "escape" from the Makati City Jail where he was ordered jailed by the Makati Regional Trial Court (RTC).
Those charged with contempt by Ursua included Executive Secretary Eduardo Ermita, Chief Presidential Legal Counsel Sergio Apostol, Justice Secretary Raul Gonzalez Sr., Local Government Secretary Ronaldo Puno and Makati City Jail Warden Delvic Oreiro.
President Gloria Macapagal-Arroyo said the government had to take action "in order to forestall the further deterioration in our strategic relationship with the United States."
"I wish to appeal for understanding from the people that this action will not affect the substantive issues at bar, nor impede justice and the rule of law," Arroyo said in a statement.
Interior Secretary Ronaldo Puno told a news conference that the government sided with Washington in the dispute over Smith's custody and had no choice but to hand him over because it had to respect a bilateral military pact.
"We are telling the world that we are complying with our treaty obligations," Puno said.
A provision in the Visiting Forces Agreement, which governs the conduct of US troops in the Philippines, states that any accused US serviceman shall remain in American custody until all judicial proceedings are exhausted.
Puno denied there was any violation of the court's order because Judge Benjamin Pozon ordered Smith detained in the local jail before the US and Philippine governments agreed he should be transferred to the embassy during his appeal.
The Court of Appeals then "noted" the agreement between the Philippines and the US Embassy to have Smith transferred into American custody, which the government took as a green light to move him on Friday.
In her motion, Ursua also asked the appellate court to dismiss Smith's appeal and issue a warrant for his arrest in order for him to serve his sentence in a Philippine jail.
"He's (Smith) a fugitive from justice, an escaped prisoner," said Ursua.
She expressed apprehension that Smith can be easily spirited out of the country, and pointed out that the US Embassy where the American soldier was taken is an extension of US territory and Philippine laws do not apply there.
The battle over Smith's custody amid differing interpretations of the bilateral agreement prompted the US to cancel a large-scale joint military exercise planned for February. But the US Embassy announced Tuesday that Washington has decided to proceed with exercises with the Philippines after getting custody of Smith.
Smith's transfer also opened a can of worms for President Arroyo.
Left-wing lawmakers said they may seek to impeach her -- which would be a third such attempt, after her congressional allies threw out two bids in the last two years, which alleged Arroyo cheated in the 2004 elections.
About 50 protesters, most of them women, burned a US flag near the US Embassy and called Smith "a fugitive."
Puno allayed fears that Smith would be spirited out of the country, saying the US Embassy granted Philippine officials unprecedented visitation rights to check on Smith whenever they want, and officials made the first visit Tuesday. (AP/With AH/Sunnex)
For more Philippine news, visit Sun.Star Pangasinan. (January 3, 2007 issue)
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