Oct 032014
 

http://wikileaks.org/cable/2007/02/07MANILA467.html#

Reference ID Created Released Classification Origin
07MANILA467 2007-02-09 09:11 2011-08-30 01:44 UNCLASSIFIED//FOR OFFICIAL USE ONLY Embassy Manila
VZCZCXRO2807
OO RUEHNH
DE RUEHML #0467 0400911
ZNR UUUUU ZZH
O 090911Z FEB 07
FM AMEMBASSY MANILA
TO RUEHC/SECSTATE WASHDC IMMEDIATE 5149
INFO RUEHNH/AMCONSUL NAHA IMMEDIATE 0084
RHEHNSC/NSC WASHDC IMMEDIATE
RHHMUNA/CDRUSPACOM HONOLULU HI IMMEDIATE
RUEKJCS/JOINT STAFF WASHINGTON DC IMMEDIATE
RUEKJCS/SECDEF WASHDC IMMEDIATE
UNCLAS MANILA 000467

SIPDIS

SENSITIVE
SIPDIS

E.O. 12958: N/A
TAGS: PREL MARR KCRM CASC RP
SUBJECT: MARINE CASE UPDATE 02/09/2007

REF: MANILA 393 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.

¶2. (SBU) Department of Interior and Local Government
Undersecretary Corpus visited Smith February 7. The visit —
the first since January 5 — lasted less than 15 minutes and
was without incident.

¶3. (U) There have been no case-related demonstrations in
front of or near the U.S. Embassy since February 2. Media
coverage of the case continues to decrease and articles
appear infrequently.

¶4. (U) The Court of Appeals has yet to receive the Makati
Regional Trial Court’s certified and complete record of the
case. Upon such receipt, the Court of Appeals will notify
defense counsel, which will then have 30 days to file Smith’s
appellate brief.

¶5. (U) The defense counsel and the Solicitor General’s
office have each filed a response to a petition by the
Private Prosecutor to the Supreme Court that it nullify the
Philippine government’s transfer of Smith to U.S. custody.

¶6. (U) In a separate proceeding, the Supreme Court ruled on
February 6 that the Private Prosecutor’s petition to declare
Article V paragraph 6 of the Visiting Forces Agreement
“unconstitutional” was moot. In its decision, the Supreme
Court said the issue whether the U.S. obligation to present
the accused for trial continues after one year was “merely
academic . . . since the one-year period was not exceeded.”

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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