Prosecutors at odds over Laude slay case

MANILA, Philippines - The animosity between public prosecutors and lawyers of the family of slain transgender Jeffrey “Jennifer” Laude has apparently extended to the trial of the murder case in court.

The prosecution panel led by City Prosecutor Emilie delos Santos and private prosecutors led by UP law professor Harry Roque Jr. seem to be taking different paths in handling the case against US Marine Lance Corporal Joseph Scott Pemberton.

After Olongapo Regional Trial Court Branch 74 granted the motion of Pemberton to suspend trial pending ruling of the Department of Justice on his petition seeking dismissal of the murder charge, the public and private prosecutors went out with different courses of action to take next.

Delos Santos said they would just wait for the ruling on the petition for review, believing the DOJ is anyway aware of the urgency of the case – that it should be completed within one year, otherwise Pemberton would be released in accordance with the Visiting Forces Agreement (VFA).

“We will wait for the DOJ ruling. Once it is issued and our findings are affirmed, we will file a motion to proceed although it should be automatic on the part of the court upon receipt of the DOJ resolution,” she said in an interview.

But for Roque, the 60-day suspension is too long and would take a significant period in the one-year trial prescription under the VFA.

“We will file a motion for reconsideration. We can’t afford suspension,” he told The STAR in a text message.

In its resolution, the RTC used as basis Rule 116 of Rules of Court, which provides that arraignment of accused in criminal cases shall be suspended for 60 days at most from the filing of petition for review in the DOJ.

It was not the first time Delos Santos and Roque took opposing moves since the case was filed in court last Dec. 15.

Roque earlier filed two motions asking the court to allow live media coverage of the hearings and to transfer Pemberton to a regular jail.

Delos Santos did not support both pleadings, saying the issue of custody of the accused is a matter under the VFA that is beyond the business of prosecutors. It was she who even announced the RTC’s denial of both motions.

They only agreed on one move so far – to seek the inhibition of Judge Roline Ginez-Jabalde due to her being a San Beda law school classmate of Pemberton’s lead defense counsel Rowena Garcia-Flores.

The two sets of prosecutors would even hold separate press conferences in Olongapo after court hearings.

During the earlier preliminary investigation, Roque even sought the inhibition of Delos Santos for alleged biases in favor of the US government. The DOJ rejected his plea.

“It bears stressing that while all criminal prosecutions are carried out on behalf of the state, the reality is that private prosecutors, as a matter of practice, are delegated the prosecution of the case subject to the ‘direct control and supervision of the public prosecutor.’ This control and supervision is proof that where a private complainant retains a lawyer for the civil aspect of the case, private prosecutors are allowed to actively prosecute the case for and in behalf of the state,” he said.