Sep 282014
 

http://wikileaks.org/cable/2006/03/06MANILA1366.html#

Reference ID Created Released Classification Origin
06MANILA1366 2006-03-24 07:29 2011-08-30 01:44 UNCLASSIFIED Embassy Manila
VZCZCXRO0146
OO RUEHCHI RUEHDT RUEHHM
DE RUEHML #1366 0830729
ZNR UUUUU ZZH
O 240729Z MAR 06
FM AMEMBASSY MANILA
TO RUEHC/SECSTATE WASHDC IMMEDIATE 0171
INFO RUEHZS/ASSOCIATION OF SOUTHEAST ASIAN NATIONS PRIORITY
RHHMUNA/CDRUSPACOM HONOLULU HI PRIORITY
RUEKJCS/JOINT STAFF WASHINGTON DC PRIORITY
RUEKJCS/SECDEF WASHDC PRIORITY
UNCLAS MANILA 001366

SIPDIS

SIPDIS

DEPT FOR EAP, EAP/MTS, L/EAP, EAP/PD

E.O. 12958: N/A
TAGS: PREL MARR KCRM CASC RP
SUBJECT: JUDGE IN ALLEGED RAPE CASE RECUSES HIMSELF ON EVE OF MARINES’ ARRAIGNMENT

REF: A. MANILA 1219
¶B. MANILA 1189
¶C. MANILA 635 AND PREVIOUS

¶1. (U) Summary. The judge in the case of four Marines
accused of raping a Filipina has recused himself in reaction
to a motion from the complainant’s lawyers. The arraignment
of the Marines, scheduled for March 24, has been postponed.
A new judge may be assigned to the case on March 28; the
complainant’s lawyers are expected to refile a motion
challenging the validity of the Visiting Forces Agreement
(VFA) once such an assignment is made. End Summary.

¶2. (U) Executive Vice Judge Renato Dilag voluntarily
“inhibited” (recused) himself March 23 from trying the case
of four Marines accused of raping a Filipina. Judge Dilag
made the decision after the “private prosecutors” (the
complainant’s lawyers) filed a motion for his inhibition.
The motion alleged that the judge’s son was an associate of
the Rodrigo, Berenguer, and Guno Law Offices, which is
defending one of the four accused, Staff Sergeant Chad
Carpentier. Although the younger Dilag had resigned from the
firm a year and a half ago, Judge Dilag said he had “chosen
to inhibit myself from this case to erase all doubt on future
actions I will make with regards to this case.”

¶3. (U) The arraignment originally set for March 24 (ref B)
is now postponed. Prosecutor Prudencio Jalandoni confirmed
to emboff that the Marines do not have to present themselves
in court on that date. Local media are reporting widely that
the case will be raffled again, and a new judge assigned, on
March 28, but the Marines’ attorneys have not received
official confirmation of this date.

¶4. (U) King Rodrigo, Carpentier’s attorney and the lead
lawyer on the defense team, expected that the complainant’s
lawyers would refile their motion challenging the validity of
the Visiting Forces Agreement (VFA) after a new judge is
selected. Complainant’s previous motion on this issue (ref
A) was denied on March 22. Judge Dilag’s swift dismissal of
this motion was also cited by the complainant’s attorneys in
their motion requesting Judge Dilag’s inhibition.

Kenney

   

 

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