Sep 282014
 

http://wikileaks.org/cable/2006/04/06MANILA1714.html#

Reference ID Created Released Classification Origin
06MANILA1714 2006-04-19 09:59 2011-08-30 01:44 CONFIDENTIAL Embassy Manila
VZCZCXYZ0020
OO RUEHWEB

DE RUEHML #1714 1090959
ZNY CCCCC ZZH
O 190959Z APR 06
FM AMEMBASSY MANILA
TO RUEHC/SECSTATE WASHDC IMMEDIATE 0595
INFO RHHMUNA/CDRUSPACOM HONOLULU HI PRIORITY
RUEKJCS/JOINT STAFF WASHINGTON DC PRIORITY
RUEKJCS/SECDEF WASHDC PRIORITY
C O N F I D E N T I A L MANILA 001714

SIPDIS

SIPDIS

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

E.O. 12958: DECL: 04/19/2016
TAGS: PREL MARR KCRM CASC RP
SUBJECT: LIKELY REDUCTION OF CHARGES FOR 3 MARINES IN ALLEGED RAPE CASE

REF: MANILA 1519 AND PREVIOUS

Classified By: Pol/C Scott Bellard for reasons 1.4 (b) and (d).

¶1. (SBU) Summary. The Philippine Secretary of Justice
announced that he would recommend to the court a reduction in
the charges against three of the Marines in the ongoing
alleged rape case. Lawyers for the complainant and for the
Marines have both characterized the proposed reduced charges
of “accessory to rape” as legally dubious. The Department of
Justice (DOJ) had earlier announced that it would assign
Olongopo City prosecutors to continue with the case despite
the change in venue to a Makati City court. The DOJ is also
conducting a new investigation of the driver of the van in
which the rape allegedly occurred. GRP officials have
suggested the possibility of bail for the three, although
this seems at direct variance with the principle of continued
US custody. Their lawyers may begin to agitate for their
release. End Summary.

¶2. (U) On April 18, Secretary of Justice Raul Gonzalez told
the media that DOJ will recommend to the trial court a
reduction in charges against SSgt. Chad Carpentier, Cpl.
Dominic Duplantis, and Cpl. Keith Silkwood to “accessories to
rape” rather than with rape. Secretary Gonzalez noted that
the alleged victim herself had acknowledged that only the
fourth Marine in the case, Cpl. Daniel Smith, had sexual
contact with her, and that “there is no evidence of
conspiracy” in the case. Secretary Gonzalez’s decision was
in response to petitions by Carpentier, Duplantis, and
Silkwood asking the DOJ to overturn the prosecutor’s finding
of probable cause in their cases. (Smith did not file such a
petition with the DOJ.) According to Gonzalez, the Makati
City Regional Trial court judge would make the final decision
about the charges.

¶3. (SBU) An attorney for the alleged victim characterized
Secretary Gonzalez’s decision as “legally incorrect,” noting

SIPDIS
that, under Philippine law, an accessory is someone whose
actions have occurred subsequent to the crime, whereas
Carpentier, Duplantis, and Silkwood have all admitted to
being present during Smith’s encounter with the alleged
victim. In private conversation with emboff, King Rodrigo,
lead attorney for the Marines, agreed that the term
“accessory” did not seem to fit the circumstances of the
case.

¶4. (U) The DOJ has rendered two other decisions regarding
the alleged rape case in recent days. On April 5, the DOJ
ordered Olongapo City Prosecutor Prudencio Jalandoni and
Assistant City Prosecutor Raymund Viray to continue as
government prosecutors in the case, in spite of a change of
venue in the case from Olongapo City to Makati City.
Jalandoni and Viray will be part of a five-prosecutor panel
headed by Makati City Prosecutor Feliciano Aspi. On April
17, the DOJ also announced that it would conduct a new
preliminary investigation of Timoteo Soriano, the driver of
the van in which the rape is alleged to have occurred.

¶5. (C) U/S of Foreign Affairs Seguis contacted Pol/C on
April 18 to give a heads up on Gonzalez’s recommendation. He
claimed that such new charges would enable the three
defendants to request bail, a comment Gonzalez later made
publicly. Pol/C noted that, given US custody of the four
Marines, bail within the Philippine system was not at issue.
¶6. (C) Comment: Given the public comments about the
possibility of bail, the attorneys for the three Marines
likely will begin to agitate for the release of their
clients, should the Makati court indeed reduce the charges.
If so, we may need to rethink the conditions of their
confinement. End Comment.

Visit Embassy Manila’s Classified SIPRNET website:
http://www.state.sgov.gov/p/eap/manila/index. cfm

You can also access this site through the State Department’s
Classified SIPRNET website:
http://www.state.sgov.gov/

Kenney

   

 

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