Cablegate: Marine Case Update 08/04/06

VZCZCXRO0295
OO RUEHNH
DE RUEHML #3285 2160721
ZNR UUUUU ZZH
O 040721Z AUG 06
FM AMEMBASSY MANILA
TO RUEHC/SECSTATE WASHDC IMMEDIATE 2359
INFO RUEHNH/AMCONSUL NAHA IMMEDIATE 0030
RHHMUNA/CDRUSPACOM HONOLULU HI IMMEDIATE
RUEKJCS/JOINT STAFF WASHINGTON DC IMMEDIATE
RUEKJCS/SECDEF WASHDC IMMEDIATE

UNCLAS MANILA 003285

SIPDIS

SIPDIS

E.O. 12958: N/A
TAGS: PREL MARR KCRM CASC RP
SUBJECT: MARINE CASE UPDATE 08/04/06

REF: MANILA 3176 AND PREVIOUS

1. The trial of the four Marines accused of raping a
Filipino woman was suspended August 1 due to the illness of a
prosecution witness, and will probably not resume for two
more weeks. Judge Benjamin Pozon said he was unhappy with
this delay, but believed it to be unavoidable. He ordered
the Prosecution to resume witness testimony August 17, and
once completed they will have five days to file a Formal
Offer of Evidence. The Judge will then give the Defense five
days to comment before he rules on its admissibility. The
Defense is expected to begin its case September 4, which
pushes the earliest possible date for a verdict into October.

2. The Defense is considering presenting two "expert"
witnesses, in addition to the four Marines themselves and
possibly two Marine witnesses (reftel). One expert is both a
forensic scientist and an attorney. The other one is the
former Chief of the Philippine National Police Crime Lab.

3. The legal standing of the Starex van driver Timoteo
Soriano is still unresolved. The Prosecution said August 1
that they will respond within three days to Mr. Soriano's
written opposition to the Prosecution's Motion to Re-instate
him, but so far have not done so. Both Judge Pozon and
Defense attorneys have expressed concern that if Mr. Soriano
is re-instated as an accused in this trial, the Prosecution
might have to present its case a second time.

4. III Marine Expeditionary Force (III MEF) Commander LtGen
John Weber and staff visited Embassy Manila August 3 to
consult with the Ambassador and the Embassy's Marine Working
Group. All agreed on the importance that the Embassy and the
Marine Corp continue their close coordination as the case
approaches a verdict this Fall.

5. Mission continues to provide security, citizen services,
and other support to the defendants. Personnel from III MEF,
JUSMAG, the Regional Security Office (RSO), and the Consular
Section continue to attend all court sessions. RSO remains
pleased with the extent and quality of security support
provided by the mayor's office and police department. The
Consular Section continues to respond to family member
inquiries.
Jones

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