Philippine judge delays Marine’s custody ruling
A Philippine judge of the Subic rape case will take at least another day to decide whether Lance Cpl. Daniel Smith should remain in a Philippine jail or be transferred to U.S. custody.
A two-hour court hearing Monday afternoon in Makati city ended without a decision from Judge Benjamin Pozon. Jun Sumbilla, a Makati City regional court official said the judge needs time to review the matter and is expected to issue a ruling Tuesday or Wednesday.
Monday’s hearing came exactly a week after Smith, 21, an Okinawa-based Marine, was convicted of raping a 23-year-old Filipina in Subic Bay. He was sentenced to 40 years in prison.
The U.S. government wants custody of Smith until his appeal is heard, maintaining that the Visiting Forces Agreement between the two governments says any servicemember shall remain in U.S. custody until all judicial proceedings are complete. Smith’s lawyer last week filed a motion asking the judge to transfer custody until then to the United States. Prosecutors from the Philippine Justice Department have said they aren’t opposed to the request, but Smith’s victim has formally objected.
Stars and Stripes Pacific edition
A two-hour court hearing Monday afternoon in Makati city ended without a decision from Judge Benjamin Pozon. Jun Sumbilla, a Makati City regional court official said the judge needs time to review the matter and is expected to issue a ruling Tuesday or Wednesday.
Monday’s hearing came exactly a week after Smith, 21, an Okinawa-based Marine, was convicted of raping a 23-year-old Filipina in Subic Bay. He was sentenced to 40 years in prison.
The U.S. government wants custody of Smith until his appeal is heard, maintaining that the Visiting Forces Agreement between the two governments says any servicemember shall remain in U.S. custody until all judicial proceedings are complete. Smith’s lawyer last week filed a motion asking the judge to transfer custody until then to the United States. Prosecutors from the Philippine Justice Department have said they aren’t opposed to the request, but Smith’s victim has formally objected.
Stars and Stripes Pacific edition
posted by OlongapoCity Zambales at
7:08 AM
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