Sep 282014
 

http://wikileaks.org/cable/2007/02/07MANILA393.html#

Reference ID Created Released Classification Origin
07MANILA393 2007-02-02 09:10 2011-08-30 01:44 UNCLASSIFIED Embassy Manila
VZCZCXRO6049
OO RUEHNH
DE RUEHML #0393 0330910
ZNR UUUUU ZZH
O 020910Z FEB 07
FM AMEMBASSY MANILA
TO RUEHC/SECSTATE WASHDC IMMEDIATE 5056
INFO RUEHNH/AMCONSUL NAHA IMMEDIATE 0083
RHEHNSC/NSC WASHDC IMMEDIATE
RHHMUNA/CDRUSPACOM HONOLULU HI IMMEDIATE
RUEKJCS/JOINT STAFF WASHINGTON DC IMMEDIATE
RUEKJCS/SECDEF WASHDC IMMEDIATE
UNCLAS MANILA 000393

SIPDIS

SIPDIS

E.O. 12958: N/A
TAGS: PREL MARR KCRM CASC RP
SUBJECT: MARINE CASE UPDATE 02/02/2007

REF: MANILA 239 AND PREVIOUS

¶1. (U) Lance Corporal Daniel J. Smith remains in U.S.
custody on Chancery grounds and continues to be in good
health and spirits. He receives regular visits from his
Philippine pastors and his lawyers, and is able to exercise
on the Embassy grounds. Four members of his family hope to
visit in March; the Consular Section has provided advice
about local hotels and offered to put them in contact with
the American Association of the Philippines, which privately
assists Americans in detention in the Philippines.

¶2. (U) Approximately 100 people attempted to demonstrate
against the Visiting Forces Agreement in front of the U.S.
Embassy on February 2. The police redirected them to a
nearby park without incident. Media coverage of the case has
significantly decreased, but continues in editorials and news
items on a daily basis.

¶3. (U) The Court of Appeals has not yet notified the
defense counsel and the Solicitor General that it had
formally received and accepted the Makati Regional Trial
Court’s certified and complete record. Expectations are that
this will happen within two weeks. Upon such notification,
the defense counsel will have 30 days to file Smith’s
appellate brief, followed by another 30 days for the
Solicitor General to file the government’s brief. Philippine
as well as Embassy officials believe the preparation of this
formal record is fairly expeditious by Philippine (and even
U.S.) standards.

¶4. (U) The defense counsel and the Solicitor General’s
office are separately finishing their response to a motion by
the private prosecutor to the Supreme Court on the issue of
custody. The private prosecutor has also filed a motion to
the Court of Appeals asking that it rule that LCpl. Smith had
“forfeited” his right to appeal the verdict because he had
“escaped” and should now be considered a “fugitive.”
Officials in the Solicitor General’s office have privately
expressed confidence that the Court would dismiss this
motion.

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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