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Cablegate: Marine Case Update 07/20/2007

VZCZCXRO7979
OO RUEHNH
DE RUEHML #2445 2010925
ZNR UUUUU ZZH
O 200925Z JUL 07
FM AMEMBASSY MANILA
TO RUEHC/SECSTATE WASHDC IMMEDIATE 7512
INFO RUEHNH/AMCONSUL NAHA IMMEDIATE 0106
RHHMUNA/CDRUSPACOM HONOLULU HI IMMEDIATE
RUEKJCS/JOINT STAFF WASHINGTON DC IMMEDIATE
RUEKJCS/SECDEF WASHDC IMMEDIATE

UNCLAS MANILA 002445

SIPDIS

SENSITIVE
SIPDIS

E.O. 12958: N/A
TAGS: PREL MARR KCRM CASC RP
SUBJECT: MARINE CASE UPDATE 07/20/2007

REF: MANILA 2115 AND PREVIOUS

1. (SBU) Lance Corporal Daniel J. Smith remains in U.S.
custody on the Chancery grounds and continues to receive
regular visits from his Philippine pastors and lawyers.
Smith's two brothers arrived on July 19 for a one-week visit.
The brothers are staying at a local hotel and plan to visit
Smith each day.

2. (SBU) LCpl. Smith in good physical condition and has
resumed a daily exercise routine. RSO and Post medical
personnel coordinated his movements to and from a local
hospital on July 10 for a routine check-up. Smith is in good
spirits, especially since the arrival of his two brothers.

3. (SBU) Visiting Rear Admiral (RADM) James Kelly, Commander
of the U.S. Naval Forces, Japan and USPACOM-Designated
Commanding Officer (DCO) for the Philippines, met with the
Mission's Marine Case Working Group on July 20 to discuss the
Working Group's current assessment of the case, as well as to
express appreciation for the successful interagency
coordination on this issue at the Mission. RADM Kelly
separately briefed the Ambassador on his responsibilities as
DCO for the Philippines to protect the legal rights of U.S.
Department of Defense personnel who may be subject to trial
in foreign courts and imprisonment in foreign jails.

4. (SBU) The Philippine Solicitor General confirmed to Pol/C
on July 18 that her office planned to file the government's
appellate brief at the Court of Appeals within the next
several weeks so as not to delay the judicial process. The
defense lawyers will then have an additional 15 days to
respond. The Court will have 90 days to reach a verdict.
According to the Solicitor General, the Appeals Court verdict
may come as early as September or October, but no later than
January 2008, based on the maximum time periods allowed for
filings.

5. (SBU) July 4 celebrations aboard the USS Peleliu triggered
some rehashing of the Smith case on TV newscasts. Smith's
brothers are not seeking media attention; the visit of
Smith's parents in March did not lead to any media coverage.


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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