US embassy cable - 05MANILA5755

UNCLAS MANILA 005755 
 
SIPDIS 
 
SENSITIVE 
 
STATE FOR EAP, EAP/MTS, EAP/MLS, AND L/EAP 
USPACOM FOR WILLIAM ALDERSON 
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: PROSECUTOR CONCLUDES PRELIMINARY HEARINGS IN SUBIC 
ALLEGED RAPE CASE 
 
REF: A. MANILA 5507 
     B. MANILA 5459 
     C. STATE 212917 
     D. MANILA 5371 
     E. MANILA 5348 
     F. MANILA 5317 
     G. MANILA 5300 
     H. MANILA 5231 
     I. MANILA 5138 
     J. COMPACTFLT PEARL HARBOR HI 030112Z NOV 05 
     K. OPREP-3/CTF 76.4/022000Z NOV 05 (NOTAL) 
 
1.  (SBU) Summary:  The prosecutor presiding over alleged 
rape case hearings involving six US Marines announced that 
the December 9 preliminary investigation hearing would be the 
last.  He gave all parties a deadline of December 19 to 
submit all memoranda, after which he will determine whether 
there is sufficient evidence to file charges against any of 
the Marines.  The prosecutor has until January 2 to determine 
whether or what charges will be filed.  Lawyers for the 
Marines told emboffs that the affidavit presented at the 
hearing by the attorney for the potential witness Timoteo 
Soriano (the van driver) reiterated claims that Soriano had 
made during an earlier radio interview that he had been 
coerced into signing his original statement implicating the 
Marines.  End Summary. 
 
2.  (SBU) On December 9, Olongapo City Prosecutor Prudencio 
Jalandoni held the third preliminary hearing investigating 
the alleged rape of a Filipina by six US Marines.  The 
prosecutor requested a counter-affidavit by the driver of the 
Marines' van, Timoteo Soriano, whom he named as a respondent, 
even though Soriano had not been named in the original 
complaint.  Soriano's attorney argued that his client need 
not submit a counter-affidavit because he was not a 
respondent in the case.  Soriano's attorney eventually did 
produce an unsigned counter-affidavit on behalf of his 
client.  (Note:  Lawyers for the Marines indicated to emboffs 
that Soriano's affidavit reiterated statements he had made on 
a November 12 radio program, hosted by Vice President Noli De 
Castro, that he had been coerced into signing his original 
statement implicating the Marines.  End Note.) 
 
3.  (U) The prosecutor ordered Soriano to appear personally 
before him to swear the counter-affidavit by December 19.  He 
declared both Soriano's original affidavit and the 
counter-affidavit will go on the record.  All parties have 
until December 19 to submit all memoranda to the City 
Prosecutor's office.  However, there will be no more hearings 
relating to the case, he announced.  The prosecutor has until 
January 2 to determine whether or what charges will be filed, 
but he may reach a decision sooner. 
 
4.  (U) None of the Marines, any witnesses, or the 
complainant were present at the hearing.  Although the 
prosecutor subpoenaed Soriano to appear, only his lawyer 
attended, along with attorneys for the other respondents and 
the complainant.  Approximately 40 members of the press 
covered the proceedings, which were broadcast on live 
television.  Demonstrations by leftist and women's groups 
outside the hearing were small and no violence nor arrests 
were reported. 
 
Visit Embassy Manila's Classified website: 
http://www.state.sgov.gov/p/eap/manila/index. cfm 
 
Jones