Sep 282014
 

http://wikileaks.org/cable/2006/12/06MANILA5098.html#

Reference ID Created Released Classification Origin
06MANILA5098 2006-12-28 08:49 2011-08-30 01:44 CONFIDENTIAL Embassy Manila
VZCZCXRO5340
OO RUEHNH
DE RUEHML #5098 3620849
ZNY CCCCC ZZH
O 280849Z DEC 06
FM AMEMBASSY MANILA
TO RUEHC/SECSTATE WASHDC IMMEDIATE 4401
INFO RUEHNH/AMCONSUL NAHA IMMEDIATE 0072
RHHMUNA/CDRUSPACOM HONOLULU HI IMMEDIATE
RUEKJCS/SECDEF WASHDC IMMEDIATE
C O N F I D E N T I A L MANILA 005098

SIPDIS

SIPDIS

E.O. 12958: DECL: 12/28/2016
TAGS: PREL MARR CASC RP
SUBJECT: MARINE CASE: APPEALS ACTION NOT LIKELY UNTIL NEW YEAR

REF: MANILA 5083 AND PREVIOUS

Classified By: A/DCM Scott Bellard, reasons 1.4 (b) and (d)

¶1. (C) In a meeting with A/DCM on December 28, Presidential
Legal Counsel Sergio Apostol confirmed that the Solicitor
General planned that day to file another motion to the Court
of Appeals, calling for an immediate decision on the custody
of Lance Corporal Daniel Smith, in response to the Solicitor
General’s previous motions (refs). He admitted that the
chance that the three Appeals justices would meet on December
29 was low, however, in light of the upcoming long New Year’s
weekend. He predicted that the earliest the Court might make
a decision would be during the first week in January. He
indicated that the final decision on custody would likely go
to the Supreme Court, which was unlikely to meet until o/a
January 15. He reiterated the full support of the Philippine
government for the Visiting Forces Agreement, and maintained
that Philippine authorities were taking every step possible
to ensure a prompt and favorable judicial decision on the
custody issue, while noting that the government would be on
the other side during LCpl. Smith’s appeal to the Court of
Appeals on the verdict itself.

¶2. (C) LCpl. Smith’s attorney separately on December 28
expressed to A/DCM his pessimism about an early decision by
the Appeals Court, and predicted that the Court would either
deny the Solicitor General’s motions or refer the issue to
the Supreme Court directly for decision.

¶3. (SBU) LCpl. Smith remains at the Makati City Jail, in
good health and spirits, guarded at all times by
representatives from the III MEF. Jail authorities are fully
cooperative. He has received numerous gifts and food items
from members of the Embassy community as well as from the
general public.

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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