De Lima: Too early to push for US Marine’s custody

MANILA - Philippine authorities will only push for the custody over an American soldier once he is charged in court for the killing of Filipino transgender Jeffrey “Jennifer” Laude.

In an interview, Justice Secretary Leila de Lima yesterday said there is no need to detain United States Marine Private First Class Joseph Scott Pemberton for now because the murder complaint against him is still at the preliminary investigation stage.

She said only the court can order Pemberton’s ar- rest and detention.

“To insist on custody at this point is premature. At least, we have the assurance of US authorities that Mr. Pemberton is still here and that he will not be allowed to leave the country while the case is pending. They have committed to make him available to the processes of the justice system,” De Lima said.

Still, de Lima said Pemberton should show up for Tuesday’s first preliminary investigation hearing at the Olongapo City Prosecutor’s Office so that

he can subscribe to his counter-affidavit, should he submit one.

The US Embassy in Manila said on Sunday that it is Pemberton’s call to appear at the probe.

“Leaving Pemberton to decide on whether to appear before Philippine authorities is a slap in the face of the Aquino administration. Is our government so inutile that it cannot even compel Washington to order a military serviceman to attend a preliminary investigation?” Kabataan Representative Terry Ridon said.

Ridon said the Aquino administration should dismiss the US’s statement by making sure that Pemberton will attend the investigation.

“If the Aquino administration fails to compel Pemberton to appear in tomorrow’s (Tuesday) preliminary investigation, then how much more could it do to exact justice?” he asked.

De Lima said the Department of Justice is preparing its position on Pemberton’s custody if probable cause will be established against him.

The DOJ will present its stand to the Department of Foreign Affairs (DFA). Under the Visiting Forces Agreement (VFA), the US is required only to take the Philip- pine position “into full account” in the event Manila considers Laude’s death an “extraordinary case.”