MANILA -- The United States (US) Embassy in Manila said Sunday it is up to Private First Class Joseph Scott Pemberton if he will show up at the start of the criminal investigation on the killing of a Filipino transgender. Pemberton has been summoned by the Olongapo City Prosecutor’s Office to the preliminary investigation on Tuesday for allegedly strangling Jeffrey “Jennifer” Laude to death after checking into a room at a lodge in the city. Pemberton remains under US custody aboard the assault ship USS Peleliu docked at Subic Bay. “Whether the suspect will appear on Tuesday is a decision that the suspect will make in consultation with Philippine legal counsel, in accordance with Philippine law,” the US Embassy said. Harry Roque, counsel for the Laude family, said the Philippine government cannot force Pemberton to attend the investigation either, prompting him to renew his call for the junking of the Visiting Forces Agreement (VFA). “US servicemen even if they commit non-service related offenses are not under the jurisdiction of the Philippines. Utang na loob pa natin if they choose to participate in local proceedings,” he said in a text message to Sun.Star. As for the four other US Marines considered as witnesses to the case, the Embassy said they are not expected to appear in the probe. “Last week, city prosecutors met with four witnesses and swore them to their statements in accordance with Philippine law…The witnesses will not appear on Tuesday, as they have already met their current legal obligations,” the Embassy said. However, the US government assured that the witnesses will be made available for the trial. “The United States continues to fully cooperate and collaborate with Philippine authorities in all aspects of the case concerning the death of Jennifer Laude,” it said. http://www.sunstar.com.ph/breaking-news/2014/10/19/us-won-t-force-pemberton-attend-probe-371848
I'm assuming the marine in question got to his hotel room and had a little bit of a surprise, lady boys should really make potential punters aware of their gender to avoid this sort of incident, having said that the said marine should stand trial for murder and not be able to hide behind the Stars and Stripes or Philippines legislation.
If the US continues to permit those in its armed forces who commit non-military offences to hide behind the legal protection afforded by the VFA and thus not be answerable to constitutionally-established Philippine courts of law, then it must confine its personnel to its ships and shore bases.
Very bad for US-Philippine diplomatic relations. Surely if a crime like this is committed whilst on shore leave, the civillian courts should take precedence, or did the marine manage to get back to the ship before being apprehended. >> Latest Daily Mail report
Hang on a minute! The suspect IS under the jurisdiction of the civilian courts. The Status of Visiting Forces Agreement ("SOFA" - there's an acronym for you!) does give jurisdiction to the Philippine Courts and the USA is complying with that. The SOFA permits the USA to retain custody of a suspect wanted for questioning by the RP until final sentencing after all appeals - at that point the culprit must be handed over to the Philippines authorities. This is different to the old Bases Agreements under which a US serviceman could be detained during sentence by the USA (eg the Butler case in 1975, which was somewhat similar). Marine Private First Class Pemberton is being held on board the USS PELELIU by the US NCIS (Naval Criminal Investigative Service) at the request of the Olongapo Regional Court and whether he appears in person tomorrow for the committal is up to his defence team - who are of course Filipinos.
Just to point out the obvious, the USN does not have a "shore" presence at Subic these days and the NCIS office at Singapore is responsible for Subic. In the last case, the Smith case, where a Marine was accused of rape and in due course acquitted on appeal, the suspect was held in the grounds of the US Embassy in Manila up to the acquittal. That is probably what will happen here. Incidentally, the papers all say that Smith was exonerated when the victim recanted her testimony; that actually is not so; the Court of Appeal didn't consider her evidence. She was also represented by Roque, a professor at UP and a well known left winger whose interest is in ending the SOFA and getting US forces out of the Philippines. He caused some merriment today when he claimed that he is being followed by an American spy...
The sailor must have run off back to the ship in a panic. I have known other sailors that have run away when confronted with more than they bargained for in the underwear department. He was probably drunk and got into a row with Jeffrey/Jennifer. Alcohol distorts emotions and causes terrible outcomes. It would be wrong for him not to face the law there to ascertain his guilt.
He will; there is no doubt about that. He is a 19 year old boy - the same age as my own son, who was enjoying a "good run ashore" in Brazil, last month. Drunk for sure, and quite possibly had been "slipped" something else as well - I am sure a blood test will have been taken but I wonder if "shabu" came into it also - it stimulates sexual activity but it also promotes paranoia and violence.
Sad because more experienced and/or older travellers would have stood a better chance knowing the mannerisms of a ladyboy.
He's now been transferred http://www.sunstar.com.ph/breaking-news/2014/10/22/pemberton-transferred-camp-aquinaldo-372392
After reading that it will be interesting to see what happens, at the moment the US seems to be complying with Philippine demands.
They are but there's been a turn of events. The ladyboys German boyfriend has been refused clearance to fly from PI after scaling an army base and pushing a soldier. He was told BI that he ain't going home. He then fainted and has been detained
Yep, hilarious and should be used as an example of how not to behave as a foreigner visiting a foreign country. Sueselbeck is extremely fortunate not to have been shot as is Laude's sister who climbed the fence with him. The Philippine soldier who didn't shoot him has been given an award for showing great restraint. Laude and his/her family had some sympathetic support when he/she was killed - but mainly from very vocal members of the LBGT community and "Grabriela" in particular. That's all evaporated now thanks largely to Sueselbeck's and Laude's sister's antics and (outrageous) statements.
I don't think that either Government has been issuing "demands". The two Governments are getting along just fine. The Philippines does NOT want to revise either the VSA or EDCA. The handling of the issue is precisely in accordance with the VSA. Under the Status of Visiting Forces Agreement, the USA may retain custody until all judicial processes have been exhausted. In the Butler case, where a naval rating killed a prostitute in Olongapo in 1975, he was detained in the brig on the base at Subic (in the capacity of prison librarian - he took a degree in psychology whilst detained) whilst the appeals went on, and in 1983 when the Supreme Court of the Philippines gave their final ruling (guilty) they released him for good behaviour, saying he had served enough time, and was a reformed character. Because the Subic base no longer exists, Pemberton cannot be detained there, so he is detained in a US facility inside a Philippines base. Neat. The "palabas" orchestrated by Gabriela, by the Left in general, by Senator Miriam Santiago and last but not least by the Vice President - who has very good reasons of his own for trying a "wag the dog" move to distract public attention from the very serious allegations of massive corruption against him - is just that - a palabas.
Looks like US Marine Pemberton is at least standing trial according to a recent news article; http://www.abs-cbnnews.com/nation/12/15/14/pemberton-indicted-laude-slay
