From the Manila Standard Today (Jan 5): De Lima vows action on US marine’s plea
Justice Secretary Leila de Lima on Sunday vowed to speed up the resolution of the petition for review filed by US Marine Lance Cpl. Joseph Scott Pemberton seeking the dismissal of the murder case filed against him in connection with the killing transgender woman Jeffrey “Jennifer” Laude in Olongapo City last October.
De Lima revealed that the resolution of her office on Pemberton’s appeal assailing the finding of probable cause by the Olongapo City prosecutor’s office on the murder charge against him could be expected within the month.
“Certainly we are fast-tracking the resolution of that petition for review. We are aware of the need for speedy resolution considering the prescribed period under the VFA (Visiting Forces Agreement),” De Lima said in a text message to reporters.
The Justice Secretary was referring to the one-year period required in the VFA to complete the trial of criminal cases against US servicemen while serving duty in the country. If this is not met, the accused will be released from detention and the case will be considered dismissed on technicality.
The US marine appealed his indictment although he did not appear before a preliminary investigation of prosecutors to answer the charge.
Due to the pendency of the petition for review, Olongapo RTC Branch 74 Judge Roline Ginez-Jabalde had to suspend the trial proceedings pursuant to Rule 116 of Rules of Court, which provides that arraignment of accused in criminal cases shall be suspended for 60 at most from filing of petition for review in the Department of Justice.
De Lima, however, said the Office of the Justice Secretary would not exhaust this period provided in the law. “We will issue the resolution this month,” she assured.
http://manilastandardtoday.com/2015/01/05/de-lima-vows-action-on-us-marine-s-plea/
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