Pimentel: ‘Pozon should cite DoJ’s Gonzalez for contempt’
MAKATI Judge Benjamin Pozon should cite Justice Secretary Raul Gonzalez for indirect contempt for comments he made on the order for the continued detention of convicted US Marine Daniel Smith at the Makati City Jail, Senate Minority Leader Aquilino Pimentel Jr. said Thursday.
"Judge Pozon should cite the justice secretary for indirect contempt of the court for threatening him with a vague suit for alleged violation of [the] VFA [Visiting Forces Agreement] and attributing demeaning motives to him. That threat is meant to make him alter his decision in the rape case," Pimentel said.
After Pozon dismissed Smith's request to be returned to US custody while appealing his conviction for raping a 23-year old Filipina late last year, Gonzalez assailed the decision and hinted of a possible suit against the judge.
Pimentel noted that the Subic rape case had implications beyond the legal.
"It also has psychological implications that can hurt the national psyche if not handled with sensitivity,” he said. “As of now, even the visible presence of a US soldier supervising the Makati cops holding Smith in custody stabs the soul of the Filipino. He knows deep in his heart that his country can never be treated as an equal by our past colonial masters."
"The problem that aggravates the situation is, that unlike before when communications were deathly slow, now with the Internet, people know that Japan and other countries would not tolerate their legal systems to be trumped by VFA-like arrangements," he added.
Pimentel took Gonzalez to task for accusing Pozon of wrongly interpreting the provisions of the VFA to "suit his agenda," and for being "sympathetic to Nicole [as the rape victim is publicly known] and leftist groups."
"Of course, the provisions may also be interpreted 'liberally' according to the observations of the DoJ secretary. But [Pozon] has every right to subject the applicable VFA provisions strictly in the case of Smith," he said, referring to Pozon's ruling that "the custody of accused Smith by the US military authorities was terminated after the completion of the trial and rendition of judgment of conviction."
He suggested that Gonzalez elevate the issue to the higher courts without berating Pozon, "who incidentally, if the secretary does not know it, is not under his jurisdiction."
Veronica Uy - INQ7.net
"Judge Pozon should cite the justice secretary for indirect contempt of the court for threatening him with a vague suit for alleged violation of [the] VFA [Visiting Forces Agreement] and attributing demeaning motives to him. That threat is meant to make him alter his decision in the rape case," Pimentel said.
After Pozon dismissed Smith's request to be returned to US custody while appealing his conviction for raping a 23-year old Filipina late last year, Gonzalez assailed the decision and hinted of a possible suit against the judge.
Pimentel noted that the Subic rape case had implications beyond the legal.
"It also has psychological implications that can hurt the national psyche if not handled with sensitivity,” he said. “As of now, even the visible presence of a US soldier supervising the Makati cops holding Smith in custody stabs the soul of the Filipino. He knows deep in his heart that his country can never be treated as an equal by our past colonial masters."
"The problem that aggravates the situation is, that unlike before when communications were deathly slow, now with the Internet, people know that Japan and other countries would not tolerate their legal systems to be trumped by VFA-like arrangements," he added.
Pimentel took Gonzalez to task for accusing Pozon of wrongly interpreting the provisions of the VFA to "suit his agenda," and for being "sympathetic to Nicole [as the rape victim is publicly known] and leftist groups."
"Of course, the provisions may also be interpreted 'liberally' according to the observations of the DoJ secretary. But [Pozon] has every right to subject the applicable VFA provisions strictly in the case of Smith," he said, referring to Pozon's ruling that "the custody of accused Smith by the US military authorities was terminated after the completion of the trial and rendition of judgment of conviction."
He suggested that Gonzalez elevate the issue to the higher courts without berating Pozon, "who incidentally, if the secretary does not know it, is not under his jurisdiction."
Veronica Uy - INQ7.net
posted by OlongapoCity Zambales at
6:40 PM
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