US embassy cable - 05MANILA5459

UNCLAS SECTION 01 OF 02 MANILA 005459 
 
SIPDIS 
 
SENSITIVE 
 
STATE FOR EAP, EAP/MTS, EAP/MLS, AND L/EAP 
USPACOM ALSO FOR FPA HUSO 
SECDEF/OSD/ISA/AP FOR ALLEN 
 
E.O. 12958: N/A 
TAGS: PREL, MARR, ASEC, PHUM, PGOV, KCRM, CASC, RP 
SUBJECT: UNEVENTFUL PRELIMINARY HEARING IN SUBIC RAPE CASE 
 
REF: A. STATE 212917 
     B. MANILA 5371 
     C. MANILA 5348 
     D. MANILA 5317 
     E. MANILA 5300 
     F. MANILA 5231 
     G. MANILA 5138 
     H. COMPACFLT PEARL HARBOR HI 030112Z NOV 05 
     I. OPREP-3/CTF 76.4/022000Z NOV 05 (NOTAL) 
 
1.  (SBU) This is an action request by OOB November 25 -- see 
para 8. 
 
2.  (SBU)  Summary.  The preliminary hearing in the case of 
six Marines allegedly involved in the rape of a 22-year old 
Filipina at the Subic Bay Metropolitan Authority (SBMA) began 
November 23 at the Olongapo City Prosecutor's office.  None 
of the Marines was required to be physically present, but one 
attended but did not appear before the prosecutor.  The 
victim also did not attend, but her attorney's motion to file 
a supplemental affidavit by a material witness prompted the 
prosecutor to delay submission of the Marines' 
counter-affidavits until November 29, the next hearing date. 
The scene outside the hearing was largely uneventful, with 
Olongapo and Philippine National Police (PNP) out in force to 
control any demonstrations.  Separately, Department of 
Foreign Affairs (DFA) Assistant Secretary for American 
Affairs Abadilla suggested to CDA November 23 that, while he 
understood US concerns outlined in ref a diplomatic note, it 
might prove more beneficial if the Marines could provide 
copies of their identification, so as not to give the lawyer 
for the complainant the pretext to claim that the USG was not 
cooperating in the case.  End Summary. 
 
3.  (U) The preliminary hearing on the alleged rape of a 
22-year old Filipina by six Marines took place at the 
Olongapo City Prosecutor's office on November 23.  The next 
hearing date is scheduled for November 29.  The complainant 
did not attend.  The prosecutor did not require the presence 
of the six Marines at the hearing, but LCPL Albert 
Lara, on the advice of his attorney, was present but did not 
appear before the prosecutor.  ACS Chief and USMC attorney 
observed the hearing, as did representatives of the 
Philippine Visiting Forces Agreement Commission. 
 
4.  (U)  The complainant's attorney's motion to file a 
supplemental affidavit by a material witness prompted the 
prosecutor to delay submission of the Marines' 
counter-affidavits until November 29.  The prosecutor also 
took under consideration a motion by the respondents to 
confront witnesses in the case.  The respondents' attorneys 
asked for and were provided a transcript of the November 12 
radio interview by Vice President Noli De Castro of the 
driver of the Marines' vehicle, in which the driver claimed 
his initial statement had been coerced by SBMA security 
officers. 
 
5.  (U) The largely uneventful hearing was covered by a 
packed crowd of an estimated 60 foreign and local 
journalists, and was carried live on the domestic all-news 
channel ANC.  The leftist women's organization Gabriella 
conducted a peaceful demonstration outside the Prosecutor's 
office, near a small, pro-American counter-demonstration. 
Approximately 300 Olongapo City police with reinforcements 
from PNP Region III were on hand to ensure order. 
 
6.  (U) In a statement to the press following the hearing, 
Embassy spokesman stressed that, while physically not all 
present in the court room, the six Marines remained in the 
Philippines in the custody of the US.  He stated that the USG 
continued to abide by the precepts of the Visiting Forces 
Agreement (VFA) to ensure the case was handled fairly and 
justice done.  Given the principle under both the Philippine 
and US justice systems that an accused was innocent until 
proven guilty, the USG hoped for a fair and impartial process 
in this case. 
 
7.  (SBU) Separately, CDA delivered ref a oral points and 
provided a copy of ref a diplomatic note on November 23 to 
DFA Assistant Secretary of American Affairs Abadilla. 
Abadilla requested that the USG reconsider its position on 
the military identifications, so as not to give the 
complainant's lawyers the pretext to claim that the USG was 
not cooperating in the case. 
 
8.  (SBU)  Comment and Action request:  Given the improved 
atmosphere of cooperation in the case, Embassy recommends 
complying with the DFA informal request for the reason A/S 
Abadila outlined, unless there are strong legal grounds not 
to do so.  We might rely on Article 3 of the VFA, which 
requires US servicemen produce identification to Philippine 
authorities on entry and exit.  Please advise by OOB Manila 
time November 25. 
 
 
Visit Embassy Manila's Classified website: 
http://www.state.sgov.gov/p/eap/manila/index. cfm 
Jones