Warrant of arrest out for Pemberton

MANILA, Philippines - A court in Olongapo yesterday ordered the arrest of US Marine Joseph Scott Pemberton, the suspect in the murder of Filipino transgender Jeffrey “Jennifer” Laude.

Foreign affairs and justice officials said that with the arrest order, the Philippines would seek custody of Pemberton.

The US government, however, maintained yesterday that it would continue to have custody of Pemberton under the Visiting Forces Agreement (VFA).

Judge Roline Ginez-Jabalde of the Olongapo City Regional Trial Court Branch 74 issued the arrest warrant a day after state prosecutors filed a murder case against the US soldier.

Justice Secretary Leila de Lima said the warrant should be served by the Department of Foreign Affairs (DFA) to US authorities as provided in the VFA.

“The Philippines will now insist on the custody (of Pemberton) now that the (case) is filed in court and especially since the warrant of arrest has been issued,” she said.

De Lima explained that under the VFA, US servicemen facing criminal charges in the Philippines will have to be transferred to the custody of local authorities upon indictment or filing of the cases in court, since Philippine laws required that they be placed under the jurisdiction of the courts.

But in a text message, US embassy spokesman Kurt Hoyer said, “The US intends to abide by the VFA, which stipulates that custody of a suspect remains with the US throughout the judicial process. Justice is best served through the rule of law, which in cases involving US service members, includes the VFA.”

De Lima said the VFA Commission, where she and Foreign Affairs Secretary Albert del Rosario serve as members, would tackle with US authorities the issue on where Pemberton would be detained – whether in a regular jail or in a special detention facility.

Pemberton was initially placed under joint custody at the Mutual Defense Board Security Engagement Facility inside the headquarters of the Armed Forces of the Philippines (AFP) at Camp Aguinaldo, to make him available for the preliminary investigation proceedings.

The DFA said the Philippine government would formally seek custody of Pemberton under the VFA.

“We welcome the progress made so far on the case, and as we stated earlier, we will now formally seek custody over the accused Private First Class Joseph Scott Pemberton,” the DFA said in a statement.

The DFA reiterated that the Philippines looks forward to the full cooperation of the United States government in accordance with the VFA in ensuring that justice is secured for Laude.

The US gave assurance it would continue to cooperate with the Philippines in the case. The US assurance was made after Pemberton was charged with murder last Monday

“The United States will continue to cooperate with Philippine authorities in this case,” the US embassy said in a statement earlier.

“The United States will continue to work closely with the Philippine government to help ensure justice is served and the rights of all persons are protected,” the embassy said.

The Philippines conveyed to the US side in October that Manila expected its full cooperation from the investigation into the killing of Laude to the resolution of the case, warning that failure to cooperate could present repercussions even on the Enhanced Defense Cooperation Agreement.

DFA officials, who asked not to be named, said they conveyed the message to US officials.

AFP ready to comply

The AFP said it is ready to comply with the court order transferring custody of Pemberton.

“Whatever we are told to perform, we will readily comply. If he is asked to be placed in another facility and we are asked for assistance, we will readily extend that,” AFP spokesman Col. Restituto Padilla said.

Padilla said the order would come from the VFA Commission, the DFA and the Department of National Defense (DND) for enforcement of the military.

Pemberton is currently detained in a refurbished 20-foot shipping container at the Joint United States Military Advisory Group (JUSMAG) facility at Camp Aguinaldo.

Padilla, stressing a copy of the warrant has yet to be furnished to the AFP, said Pemberton could not be taken away from JUSMAG without the consent of the military leadership.

“He is barred from leaving the camp without our consent. There is a consultative process. The US Armed Forces is closely working hand in hand with our government agencies handling the case. So full cooperation of the US government is assured,” Padilla said.

Prosecutors on Monday said there is probable cause to file charges of murder against Pemberton.

The Olongapo City Prosecutors Office led by Emilie Fe delos Santos said Pemberton used “treachery, abuse of superior authority and cruelty” against Laude.

Laude, a 26-year-old transgender also known as Jennifer, was found dead in a motel in Olongapo on Oct. 12.

Pemberton, who had just finished taking part in US-Philippine military exercises near Olongapo, had checked into the hotel with Laude and was the last person seen with the victim, police said.

The charge sheet against Pemberton released on Monday, detailed what the prosecutors said was an unprovoked and relentless attack against a defenseless victim.

No change of prosecutor

De Lima said Delos Santos will lead the prosecution team even after the lawyer of the Laude family, Harry Roque, had requested for her replacement. – Pia Lee-Brago, Jaime Laude