It’s up to Pemberton to attend probe: US

Slay suspect ordered to appear before prosecutor’s office tomorrow

THE United States Embassy in Manila said yesterday it is up to Private First Class Joseph Scott Pemberton if he will show up at the start of the criminal investigation into the killing of Filipino transgender Jeffrey “Jennifer” Laude.

Pemberton has been summoned by the Olongapo City Prosecutor’s Office to the preliminary investigation on Tuesday for allegedly strangling Laude to death after checking into a room at a lodge in the city.

He remains under US custody aboard the assault ship USS Peleliu docked at Subic Bay.

“Whether the suspect will appear on Tuesday is a decision that the suspect will make in consultation with Philippine legal counsel, in accordance with Philippine law,” the US Embassy said.

Victim’s lawyer says the Philippine Gov’t cannot force the US marine to attend the investigation, prompting him to renew his call for the junking of VFA

Harry Roque, counsel for the Laude family, said the Philippine Government cannot force Pemberton to attend the investigation either, prompting him to renew his call for the junking of the Visiting Forces Agreement (VFA).

“US servicemen even if they commit non-service related offenses are not under the jurisdiction of the Philippines. Utang na loob pa natin if they choose to participate in local proceedings,” he said.

As for the four other US Marines considered as witnesses to the case, the Embassy said they are not expected to appear in the probe.

“Last week, city prosecutors met with four witnesses and swore them to their statements in accordance with Philippine law… The witnesses will not appear on Tuesday, as they have already met their current legal obligations,” the Embassy said.

However, the US Government assured that the witnesses will be made available for the trial.

“The United States continues to fully cooperate and collaborate with Philippine authorities in all aspects of the case concerning the death of Jennifer Laude,” it said.