The one-year deadline specified in the Visiting Forces Agreement for the conclusion of criminal proceedings involving charged American servicemen is currently on hold in the murder case against Joseph Pemberton, the Department of Foreign Affairs said Thursday.
"The clock is not running" while the petition for review of Pemberton's defense lawyers is pending and still to be decided by the Olongapo court, according to Assistant Secretary Eduardo de Vega of the DFA Office of Legal Affairs.
De Vega also clarified that Pemberton's "criminal liability is not extinguished" at the end of the one-year period. He has been charged in an Olongapo court for murder for the Oct. 11, 2014 killing of of Filipino transgender Jeffrey "Jennifer" Laude in a motel in Olongapo City.
"The question is how to make him [Pemberton] available during the trial period," de Vega said.
The VFA only specifies the United States' responsibility to produce Pemberton for the year-long legal proceedings.
De Vega said the prosecution has committed to finish the trial within the period.
Going past the deadline could complicate matters as Pemberton may then return to the United States.
De Vega said the Philippine government may have to resort to using its extradition treaty with the United States if the deadline is not met.
"Both the United States and the Philippines are resolved to ensuring that justice will be served," Foreign Affairs Secretary Albert del Rosario said at a press briefing Thursday.
http://www.interaksyon.com/article/103573/clock-not-ticking-in-pemberton-case-while-defense-petition-for-review-pends---dfa
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