Cablegate: Marine Case Update 06/25/2007

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OO RUEHNH
DE RUEHML #2115 1760719
ZNR UUUUU ZZH
O 250719Z JUN 07
FM AMEMBASSY MANILA
TO RUEHC/SECSTATE WASHDC IMMEDIATE 7114
INFO RUEHNH/AMCONSUL NAHA IMMEDIATE 0103
RHHMUNA/CDRUSPACOM HONOLULU HI IMMEDIATE
RUEKJCS/JOINT STAFF WASHINGTON DC IMMEDIATE
RUEKJCS/SECDEF WASHDC IMMEDIATE

UNCLAS MANILA 002115

SIPDIS

SIPDIS

E.O. 12958: N/A
TAGS: PREL MARR KCRM CASC RP
SUBJECT: MARINE CASE UPDATE 06/25/2007

1. (SBU) Legal update: The Philippine Solicitor General on
June 17 filed a petition with the Court of Appeals for a
90-day extension in filing the government's appellate brief
in the Daniel J. Smith case. The Solicitor General confirmed
to Pol/C on June 22 that Court approval was virtually
automatic, but said that her staff would nonetheless strive
to file its motion within 30 days so as not to prolong this
process unduly. She explained that the delay was due to
problems in obtaining the court records. Within fifteen days
of receiving a copy of government's brief, the defense
lawyers have an additional 15 days to respond. (In theory,
the Solicitor General can then respond to the defense
response, but the Solicitor General added that this was
unusual.) The Court will then have no more than 90 days to
reach a verdict. The Solicitor General predicted that the
latest this verdict could come -- based on maximum periods
for filings -- would be January 2008, but noted that the
verdict could come as early as September or October, if her
office succeeds in filing its brief in July.

2. (SBU) Medical: Smith remains in U.S. custody on Chancery
grounds and continues to be in good condition. He continues
to receive regular visits from his Philippine pastors and
lawyers as well as Embassy medical personnel. Smith is
scheduled to visit the hospital June 26 for a minor medical
procedure, on an outpatient basis. The RSO and Post medical
personnel will coordinate his movements to and from the
hospital.

3. (SBU) Media: Since the brief media coverage on his
hospitalization in April, virtually all Philippine media have
been focused on mid-term elections, and there has been no
media attention to Smith nor inquiries to the Embassy's
Public Affairs Section.

Visit Embassy Manila's Classified SIPRNET website:
http://www.state.sgov.gov/p/eap/manila/index. cfm

You can also access this site through the State Department's
Classified SIPRNET website:
http:// www.state.sgov.gov/
KENNEY

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