US embassy cable - 05MANILA5507

UNCLAS MANILA 005507 
 
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: FIVE OF SIX MARINES SUBMIT COUNTER-AFFIDAVITS 
DURING SECOND PRELIMINARY HEARING 
 
REF: A. MANILA 5459 
 
     B. STATE 212917 
     C. MANILA 5371 
     D. MANILA 5348 
     E. MANILA 5317 
     F. MANILA 5300 
     G. MANILA 5231 
     H. MANILA 5138 
     I. COMPACFLT PEARL HARBOR HI 030112Z NOV 05 
     J. OPREP-3/CTF 76.4/022000Z NOV 05 (NOTAL) 
 
1.  (SBU)  Summary.  Five of the six Marines accused of 
involvement in the alleged rape of a Filipina submitted 
counter-affidavits in the second preliminary hearing on 
November 29.  The attorney for the sixth, LCPL Smith, said 
his client wanted to know the nature and consequences of the 
complaint before making a submission.  The Naval Criminal 
Investigative Service (NCIS) investigation continues 
separately.  Charge reiterated to the Department of Foreign 
Affairs that the USG would not accede to the request to 
provide copies of the Marines' identity cards.  End Summary. 
 
2.  (SBU) The November 29 second preliminary hearing before 
the Olongapo City Prosecutor investigating the alleged rape 
involving six US Marines of a Filipina was marked by legal 
sparring, but, like the first hearing (ref A), was largely 
uneventful.  None of the six respondents, nor the 
complainant, was physically present.  Five of the six Marines 
filed counter-affidavits, while the attorney for the sixth, 
LCPL Smith, said his client wanted to know the nature and 
consequences of the complaint before submitting a 
counter-affidavit.  ACS Chief and USMC attorney observed the 
hearing. 
 
3.  (SBU) Prosecutor Prudencio Jalandoni denied the request 
by the complainant's attorney for DNA samples from the six 
Marines, saying that the timing was "inappropriate." 
Jalandoni instructed the attorney of the driver of the 
Marines' vehicle to present his counter-affidavit by December 
9.  (Note: The driver has been named as a respondent in the 
case.  End note.)  He also allowed both sides an additional 
five days beyond December 9 to submit any clarifying 
memoranda. 
 
4.  (SBU) The lead attorney for the complainant, Katrina 
Legarda, compared the poor origins of her client to the bank 
of lawyers representing the respondents.  Legarda said her 
client would not appear in court until she "takes the witness 
stand." 
 
5.  (SBU) A small crowd of leftists again demonstrated 
outside the Prosecutor's office, bearing anti-American 
placards with slogans like "US Troops Out Now."  However, 
police had the situation well in hand, and there were no 
confrontations. 
 
6.  (SBU) The NCIS investigation is continuing separately. 
NCIS agents will seek to obtain access this week to the 
victim through her attorney, as well as to obtain statements 
from other material witnesses in the case. 
 
7.  (SBU) Charge d'Affaires Jones informed Assistant 
Secretary of Foreign Affairs for the Americas Abadilla that 
 
SIPDIS 
the USG believed release of the Marine's identity cards was 
not required under the Visiting Forces Agreement, and, 
therefore, would deny the GRP's request for copies. 
 
Visit Embassy Manila's Classified website: 
http://www.state.sgov.gov/p/eap/manila/index. cfm 
Jones