Oct 032014
 

http://wikileaks.org/cable/2006/07/06MANILA3065.html#

Reference ID Created Released Classification Origin
06MANILA3065 2006-07-21 09:57 2011-08-30 01:44 UNCLASSIFIED Embassy Manila
VZCZCXYZ0000
OO RUEHWEB

DE RUEHML #3065 2020957
ZNR UUUUU ZZH
O 210957Z JUL 06
FM AMEMBASSY MANILA
TO RUEHC/SECSTATE WASHDC IMMEDIATE 2119
INFO RHHMUNA/CDRUSPACOM HONOLULU HI IMMEDIATE
RUEKJCS/JOINT STAFF WASHINGTON DC IMMEDIATE
RUEKJCS/SECDEF WASHDC IMMEDIATE
UNCLAS MANILA 003065

SIPDIS

SIPDIS

E.O. 12958: N/A
TAGS: PREL MARR KCRM CASC RP
SUBJECT: MARINE CASE UPDATE 07/21/06

REF: A. MANILA 2969
¶B. 2962 AND PREVIOUS

¶1. The trial of four Marines accused of raping a Filipino
woman continued the week of July 17. The lawyer for Timoteo
Soriano, the driver of the Starex van the Marines rented the
night of November 1, objected to the subpoena requesting Mr.
Soriano testify for the prosecution on July 17, invoking Mr.
Soriano’s right against self-incrimination due to the fact
that the Prosecution has not ruled out including him as an
accomplice in this criminal case. (The motion is currently
at the Court of Appeals.) He also is the subject of a civil
case apparently already filed against him and the owner of
the Starex Van Company by the same complainant. Mr. Soriano
may be called again to testify, probably on July 24, but it
is unclear whether he will appear.

¶2. On July 18, prosecution expert witness Chief Inspector
Francisco Supe of the Philippine National Police DNA analysis
section testified that he found DNA evidence linking the
complainant to two pieces of physical evidence, her underwear
and a used condom. He also found DNA evidence that linked a
male, as yet unidentified, to the underwear but not to the
used condom. Inspector Supe cited environmental or bacterial
degradation as possible reasons why there was a lack of male
linkage to the condom. The defense attorneys for the
defendants have declined to let their clients provide blood
samples for DNA testing absent compelling arguments by the
prosecution of the relevance accepted by the court.

¶3. The prosecution likely will bring its case to a close by
the end of next week after also calling a toxicologist. We
then expect a gap of one to two weeks while the prosecution
files a “comment on the evidence.” (Note: evidence such as
the underwear and used condom have been “marked” but not yet
formally “admitted” as evidence. END NOTE) The judge will
then rule on the admissibility of the prosecution’s evidence,
after which the defense counsels will have the apparent
chance to comment. The defense counsels will then commence
their cases, which will include testimony by the four
defendants. At least one defense attorney has also requested
USG assistance in bringing in three other U.S. military
witnesses who were at Subic at the time of the alleged
incident. NCIS has assisted in locating them and believes
that two would be available, but a third apparently has left
the Marine Corps and may not wish to return to testify. The
defense case is expected to last no more than three weeks.

¶4. On July 17, INQ7.net, a popular Filipino news website,
gave LCpl Daniel Smith via his lawyer a set of written
interview questions to answer. In light of LCpl Smith’s
unexpected interview July 12 to the AP, the Working Group
agreed once again to make clear to all four Marines the
guidelines in reftels and the need to give prior notification
if they wish to speak to the media. Mission intends to
permit all reasonable requests that the defendants and
defense counsels believe would enhance their case.

¶5. ACS Manila and State Consular Affairs (CA) have responded
to regular inquiries from one family member, and to one
recent inquiry from another. The Working Group requested
that ACS urge Consular Affairs to consult with NCIS
headquarters and Marine Corps headquarters, both of which
have received inquiries from at least one family member, and
to ensure the USG is providing the best possible support and
information to the families. Embassy is awaiting final
approval from Consular Affairs for a letter responding to a
letter from one family member.

¶6. Mission continues to provide security, citizen services,
and other support to the Marines. Personnel from III MEF,
JUSMAG, Regional Security Office (RSO), and the Consular
Section continue to attend all court sessions. RSO remains
pleased with the extent and quality of security support
provided by the mayor’s office and police department.
Kenney

   

 

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