Pemberton won’t leave Phl – US gov’t

MANILA, Philippines - The United States government has given assurance that Marine Private First Class Joseph Scott Pemberton will be made available throughout his investigation and possible criminal trial for the death of Jeffrey “Jennifer” Laude, Foreign Affairs Secretary Albert del Rosario said yesterday.

“I think that the addendum is that you can be sure that he will not leave the country. We intend to show the public that it (Visiting Forces Agreement) works, and that justice will be served,” Del Rosario told the Senate subcommittee on finance in response to a question from panel chairperson Sen. Loren Legarda.

Del Rosario stressed the Philippines would “formally ask” for legal custody of Pemberton if and when formal charges are filed against the Marine in court.

Under VFA provisions, the US has the right to place the US serviceman under its custody even if legal jurisdiction over his case remains with the Philippines.   

Pemberton is being held in an air-conditioned shipping container within the Joint US Military Advisory Group compound at Camp Aguinaldo. His superiors took him under their custody on USS Peleliu immediately after he informed them of his encounter with Laude last Oct. 11. He was eventually transferred to Camp Aguinaldo early this week.

“We continue to insist (on having custody over Pemberton), to request they consider otherwise because of the extraordinary circumstances,” he said.

Del Rosario admitted that the Philippines had never “technically” asked for Pemberton’s custody since he was immediately held by his superiors.

“We also did not ask for custody because at this particular time, he has not been charged,” he explained.

When asked by Legarda how similar incidents could be avoided, Del Rosario echoed President Aquino’s statement that crimes happen everywhere.

“But what we are trying to do is, we have a mechanism in place, and we are trying to make that work. And we are trying to demonstrate that it does work,” he said.

Legarda said socio-cultural backgrounds play an important role in the implementation of defense agreements.

Legarda also called on the Department of Social Welfare and Development (DSWD) to do its part in educating local residents in areas frequented by US soldiers engaged in military exercises.

“Perhaps the DSWD can also help in areas where there is presence of foreign troops, who are here temporarily based on the VFA and the EDCA, and again the locals in those areas can be briefed on what to expect, how to act and the repercussions of certain actions, so that they are enlightened and so that these incidents will not happen again,” she said.

“What is important here is that the US and the Philippines are coordinating very closely,” Del Rosario said.

Whitewash feared

For Anakpawis party-list Rep. Fernando Hicap, the case against Pemberton is unlikely to progress, judging from the government’s failure to raise issue over the departure of four US Marines who were with Pemberton on the night of Laude’s murder.

He said the four soldiers were “valuable sources of information” that could pin down the 19-year-old Marine.

He also said the transfer of Pemberton to Camp Aguinaldo was a “mere show to appease the growing public outrage on the case,” and that the US and Philippine governments “do not have any intention or plan to jail” the soldier.

“Just like the rape case suspect US Marine Lance Corporal Daniel Smith, we fear that the Laude case will be going to naught as the Philippine government is not asserting its right against Pemberton,” Hicap said.

“It is not even interested to pursue the case against the US marine suspect,” he added. – With Ding Cervantes