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Cablegate: Marine Case: Embassy Receives Subpoena

VZCZCXRO1571
OO RUEHNH
DE RUEHML #3875 2561011
ZNR UUUUU ZZH
O 131011Z SEP 06
FM AMEMBASSY MANILA
TO RUEHC/SECSTATE WASHDC IMMEDIATE 2958
INFO RUEHGP/AMEMBASSY SINGAPORE IMMEDIATE 6991
RUEHNH/AMCONSUL NAHA IMMEDIATE 0033
RUWDHAI/NAVCRIMINVSERV TECHSVC DET SAN DIEGO CA IMMEDIATE
RUEHML/NAVCRIMINVSERVRA MANILA RP//FEMQ// IMMEDIATE
RHHMUNA/CDRUSPACOM HONOLULU HI IMMEDIATE
RUEKJCS/JOINT STAFF WASHINGTON DC IMMEDIATE
RUEKJCS/SECDEF WASHDC IMMEDIATE

UNCLAS MANILA 003875

SIPDIS

SIPDIS

E.O. 12958: N/A
TAGS: PREL MARR KCRM CASC RP
SUBJECT: MARINE CASE: EMBASSY RECEIVES SUBPOENA

REF: MANILA 3770 AND PREVIOUS

1. (U) On September 13, Embassy received a Diplomatic Note
from the Philippine Department of Foreign Affairs (DFA)
officially conveying the subpoena directing NCIS to "appear
and present" the clothes worn by LCpl Smith on November 1,
2005. The subpoena requests NCIS appear on September 11,
though the Diplomatic Note was not received by the Embassy
until September 13. The value of these garments as evidence
affecting the outcome of this trial is unclear, though they
are already en route to Embassy Manila and are expected
within the next two to three days.

2. (U) Embassy has extended full cooperation to Judge
Pozon's court to date, including to the Prosecution. Embassy
recommends continuing cooperation to the Defense, which is
where this request originated, and acceding to this request.

3. (U) Text of the DFA's Dip Note 06-2245 follows.

----------
BEGIN TEXT
----------

No. 06-2245

The Department of Foreign Affairs presents its compliments to
the Embassy of the United States of America and has the honor
to refer to Article V of the Agreement between the Government
of the Republic of the Philippines and the Government of the
United States of American Regarding the Treatment of United
States Armed Forces Visiting the Philippines, in relation to
the case titled "People of the Philippines vs. LCpl Daniel
Smith, et. al.," pending before the Regional Trial Court of
Makati City, Branch 139.

In this regard, the Department wishes to convey the attached
Subpoena issued 8 September 2006 and received by the
Department 11 September 2006, wherein the Honorable Presiding
Judge directs the U.S. Naval Criminal Investigation Unit
(NCIS) to appear and present on 11 September 2006 at 1:00pm
at the 3rd Floor of the Old Session Hall, Makati City, the
shirt/garment used by the accused Smith on November 1, 2005
at the Subic Freeport, Olongapo City, which was retrieved by
NCIS Investigator Guy Papageorge.

The Department of Foreign Affairs avails itself of this
opportunity to renew to the Embassy of the United States of
America assurances of its highest consideration.

Pasay City, September 13, 2006

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END TEXT
--------
KENNEY

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