US embassy cable - 05MANILA5396

C O N F I D E N T I A L MANILA 005396 
 
SIPDIS 
 
STATE FOR EAP, EAP/MTS, L/EAP 
DOD FOR ISA/ALLEN 
PACOM ALSO FOR FPA 
 
E.O. 12958: DECL: 11/18/2015 
TAGS: PREL, MARR, PHUM, ASEC, KCRM, RP 
SUBJECT: NOVEMBER 18 UPDATE ON ALLEGED RAPE CASE 
 
REF: A. STATE 210275 
 
     B. MANILA 5371 
     C. MANILA 5348 
 
Classified By: CDA Paul W. Jones for reasons 1.4 (b) and (d) 
 
1.  (C) Summary.  The six U.S. Marines under investigation in 
the alleged rape case have been moved to the U.S. Embassy 
compound as of November 18.  NCIS investigators have offered 
their cooperation to GRP authorities but have only received 
access to one witness (the driver of the van) so far.  CDA 
has reiterated request to DFA for full cooperation from and 
access to witnesses and evidence by US investigators.  The 
media attention to the case has continued, most recently 
fueled by the November 17 Congressional hearing into the 
custody provisions of the Visiting Forces Agreement.  With 
the Marines now more likely to have to appear before 
prosecutors on November 23, according to their lawyers, the 
media attention and security concerns will intensify.  End 
Summary. 
 
2.  (C) The Marines moved to the Chancery compound on 
November 18 (ref a).  Visiting Forces Agreement (VFA) 
Commission Executive Director Zosimo Paredes requested access 
to the Marines in their new location, and the opportunity to 
photograph them there.  Emboffs informed Paredes that he may 
see the Marines in a Chancery conference room, but not where 
they are billeted.  We will not permit them to be 
photographed.  Emboffs also reiterated to Paredes the lack of 
access by NCIS investigators to witnesses and evidence in the 
case and reiterated our verbal and written requests for such 
cooperation, as provided for under the VFA. 
 
3.  (C) Olongapo City prosecutor Prudencio Jalandoni assured 
NCIS chief Beltz on November 17 that he and his staff would 
cooperate with the parallel NCIS investigation in this case. 
With the assistance of VFA's Paredes, NCIS met on November 16 
with the driver of the van in which the rape is alleged to 
have occurred, and took a statement from him.  Jalandoni 
indicated no objection to NCIS access to the alleged victim 
but noted that the victim's lawyer had prevented even the 
prosecutors from interviewing her so far.  Jalandoni also 
agreed that NCIS should have access to the doctor who 
initially examined the victim and other key witnesses, as 
well as well as to physical evidence.  Jalandoni added that 
Justice Secretary Gonzalez was "elated" with NCIS' offer of 
assistance in proceeding on the investigations.  However, 
Jalandoni's staff was unable to make any such arrangements 
for NCIS on November 18.  NCIS chief Beltz will meet again 
with Jalandoni on November 19 to reiterate these requests. 
CDA renewed these requests for cooperation on November 18 to 
Assistant Secretary of Foreign Affairs Abadilla, who offered 
personally to work with NCIS to make such arrangements.  NCIS 
is now in direct contact with Abadilla with a list of desired 
interviews and requests to view evidence.  Embassy has also 
requested a separate meeting with Justice Secretary Gonzalez 
to discuss cooperation in this case, as well as other issues. 
 
4.  (C) The media attention to the case continues, now fueled 
by a November 17 hearing by the Congressional VFA Oversight 
Committee, specifically with regard to the arrangements for 
custody under the agreement.  Secretary Gonzalez, Director 
Paredes and Acting Foreign Secretary Seguis were all grilled 
by a bicameral panel of legislators seeking to assign blame 
for the fact that the Marines are in U.S. custody.  Senator 
and Foreign Relations Committee Chairperson Miriam 
Defensor-Santiago, a strong ally of President Arroyo, was 
particularly aggressive in her questioning.  CDA attempted 
repeatedly to talk privately with Santiago on November 18 to 
underscore US commitment to VFA provisions and the need for 
cooperation between the two investigative teams, but was 
unable to make contact. 
 
5.  (C) According to a lawyer for one of the Marines, the 
prosecutor's office will require the physical presence of the 
Marines with the submission of their counter-affadavits, now 
due on November 23 (the date initially set for a hearing by 
the subpoenas).  Embassy has not been able to confirm this; 
Jalandoni had indicated to NCIS chief Beltz on November 17 
that he did not/not believe the Marines needed to appear in 
person.  Embassy plans to meet with lawyers for the Marines 
on November 21 to discuss the possible appearance of the 
suspects in public, and necessary media and security 
arrangements should they travel to Olangapo. 
Jones