The initial trial for the criminal case against US Marine
Lance Corporal Joseph Scott Pemberton, charged of murder for the death of
Filipino transgender Jennifer Laude last year in this city, started on Monday
minus the private counsel and the family of the victim.
Lawyer Harry Roque, counsel for the Laude family, was
reportedly in Manila to protest before the Department of Justice (DOJ) the
decision of the Olongapo City Prosecutor’s Office disallowing them to join the
prosecutor’s team and attend the trial.
Olongapo City Prosecutor Emily Fe Delos Santos said that
lawyer Roque’s team could not join the city prosecutor’s team because the trial
is for the criminal aspect of the case.
“We are preparing ourselves, whether there is a plea
bargaining or not. We did not let them (lawyer Roque’s team) to join us because
whatever they hear during the case conference, they may divulge our strategy,”
Delos Santos said.
She, however, clarified that this is not a matter of trust,
but rather a matter of controlling and supervising the proceeding involved
where they are tasked to win the case for the people of the Philippines
The prosecutor said that Roque can only represent the Laude
family as private prosecutor to determine the damages involved and how much the
defense should pay Laude’s family for the damages.
“Atty. Roque cannot accept the fact what is embodied in the
rules (of court),” Delos Santos said.
She said that they respect lawyer Roque’s decision to seek
the intervention of the DOJ for their desire to "penetrate" the
public prosecutor’s team.
“It is his (Roque) right to seek help from Secretary De
Lima. And should the secretary tell us to give the case to another panel, we
will abide. We are holding very tight in this case," she said.
Delos Santos also clarified that the family of victim-Laude
can only stand witness for the civil aspect of the case since they were not
there at the scene when and where the crime was committed.
Pemberton entered the Hall of Justice of Olongapo City
The defense is expected to present one witness as it was
agreed that both the defense and prosecution can only present one witness per
trial day.
http://www.pna.gov.ph/index.php?idn=2&sid=&nid=2&rid=747063
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