Sep 282014
 

http://wikileaks.org/cable/2007/01/07MANILA121.html#

Reference ID Created Released Classification Origin
07MANILA121 2007-01-11 09:57 2011-08-30 01:44 CONFIDENTIAL Embassy Manila
VZCZCXRO5317
OO RUEHNH
DE RUEHML #0121 0110957
ZNY CCCCC ZZH
O 110957Z JAN 07
FM AMEMBASSY MANILA
TO RUEHC/SECSTATE WASHDC IMMEDIATE 4631
INFO RUEHNH/AMCONSUL NAHA IMMEDIATE 0079
RUEKJCS/SECDEF WASHDC IMMEDIATE
RHEHNSC/NSC WASHDC IMMEDIATE
RUEKJCS/JOINT STAFF WASHINGTON DC IMMEDIATE
RHHMUNA/CDRUSPACOM HONOLULU HI IMMEDIATE
C O N F I D E N T I A L MANILA 000121

SIPDIS

SIPDIS

E.O. 12958: DECL: 01/10/2017
TAGS: PREL MARR CASC KCRM RP
SUBJECT: MARINE CASE: NEXT LEGAL STEPS

REF: MANILA 64 AND PREVIOUS

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

¶1. (C) In a meeting with a III MEF representative on January
10, the defense counsel for Lance Corporal Daniel J. Smith
outlined the timeline for upcoming legal steps in the appeal
of the December 4 rape conviction by the Makati Regional
Trial Court:

— the Makati Regional Trial Court is now apparently
collating all evidence and other documents (the “certified
and complete record”) and will formally submit this to the
Court of Appeals imminently;

— the clerk of the Court of Appeals will inform the defense
counsel and the Solicitor General when the Court has formally
accepted the lower court’s record and has raffled off the
case within the Court of Appeals;

— defense counsel will then have 30 days to file an
appellant’s brief (the defense counsel indicated he would
file on the last day of this period and not before);

— once the defense counsel has filed his appeal, the
Solicitor General has 30 days to file the government’s brief;

— the Solicitor General may request — and is usually
granted — an additional 90 days to file its brief (comment:
Embassy will press Solicitor General to file within thirty
days in the interest of a speedy appeal. end comment);

— the defense counsel will then have 20 days to file a
reply brief to the Solicitor General’s brief;

— the Court of Appeals will then likely request the defense
and the Solicitor General to submit briefs summarizing
arguments and would provide 30 days for such filings.

¶2. (C) The defense counsel strongly recommended to the III
MEF rep, as well as earlier to Pol/C, that his client
undertake at least one major public relations event —
perhaps a televised interview — to help counter the
complainant’s numerous media appearances and to build public
support for Lance Corporal Smith. We do not currently
believe that media appearances are in the Defendant’s or the
USG’s interest, though they may provide his lawyer with added
publicity. We will submit any specific requests for
Washington decision.

¶3. (C) It appears that May would be the earliest possible
ruling by the Court of Appeals on the Defendant’s appeal of
the verdict. We will seek further information on possible
timing of cases filed with the Supreme Court by the Private
Prosecutor on the Defendant’s transfer to U.S. custody and on
the constitutionality of Article V paragraph 6 of the VFA.

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/

Jones

   

 

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