'Nicole's' camp to file contempt charges on Smith's 'escape'
Evalyn Ursua, legal counsel of “Nicole” said on Monday that they will file a petition before the Court of Appeals on Tuesday to cite in contempt top government officials involved in the transfer of convicted Lance Corporal Daniel Smith to the custody of the US Embassy.
Ursua said petition for contempt charges will be filed with the CA against Department of Interior and Local Government secretary Ronaldo Puno, Justice Sec. Raul Gonzalez, DILG Usec. Marius Corpus, Presidential legal counsel Sergio Apostol, Makati City jail warden Delvic Oreiro and others involved in the “dead of night” transfer of Smith.
Ursua told ABS-CBN News that they will file also two more cases against government officials this week but declined to elaborate.
'Nicole's' private counsel also took the issue one step further calling Smith's transfer from the Makati City jail to the US Embassy an "escape."
Ursua also expressed her fears that Smith might have already left the country and went back to the United States.
Lawyer Ursua added that “Nicole” is dismayed with the whole ordeal.
Ursua however said she still hopes that in the end, justice will still be served.
In a later interview with ANC, US Embassy spokesman Matther Lussenhop however verified that Smith is still in the US Embassy "in the same detenfion facility that he (and three other servicemen before) were detained."
Meanwhile, Justice Sec. Raul Gonzalez told ANC that the government’s move to transfer Smith did not violate any Philippine law.
“We did not surrender Philippine jurisdiction because the VFA itself says that for the duration of the judicial process, the US has custody. I think that's the law between the parties. So what law are we violating? We are violating the treaty by not surrendering him to the American authorities for the duration of the judicial process,” he said.
In reaction to speculations that “Nicole’s” party will file impeachment cases against them, he simply said, “Anybody can do that. That will fail.”Smith was sentenced to 40 years in prison before the Makati Regional Trial Court for raping “Nicole”, a Filipina.
Presiding Judge Benjamin Pozon ordered for him to be detained at the Makati City jail.
Smith's lawyer filed an appeal with the Court of Appeals on the custody issue and sought a temporary restraining order on Pozon's order to detain Smith at the Makati city jail citing the provision in the Visiting Forces Agreement, which states that US servicemen accused of crimes in the Philippines must remain in US custody "until all judicial proceedings have been finalized."
The government, through the Solicitor General, intervened in the custody case before the CA and submitted a manifestation with an attachment containing an RP-US agreement to return Smith to US custody and signed by DFA secretary Alberto Romulo and US Ambassador Kristie Kenney. Despite the agreement between the Philippines and the US, the CA denied the petition for TRO and merely 'noted' the manifestation of the Sol-Gen.
Last Friday night however, a four-vehicle convoy carrying US officials and Interior Usec. Marius Corpus fetched Smith at the detention center to transport him back to the US Embassy.
Chief Presidential Legal Counsel Sergio Apostol said the transfer was authorized by the Bureau of Jail Management and Penology.ABS CBN
Ursua said petition for contempt charges will be filed with the CA against Department of Interior and Local Government secretary Ronaldo Puno, Justice Sec. Raul Gonzalez, DILG Usec. Marius Corpus, Presidential legal counsel Sergio Apostol, Makati City jail warden Delvic Oreiro and others involved in the “dead of night” transfer of Smith.
Ursua told ABS-CBN News that they will file also two more cases against government officials this week but declined to elaborate.
'Nicole's' private counsel also took the issue one step further calling Smith's transfer from the Makati City jail to the US Embassy an "escape."
Ursua also expressed her fears that Smith might have already left the country and went back to the United States.
Lawyer Ursua added that “Nicole” is dismayed with the whole ordeal.
Ursua however said she still hopes that in the end, justice will still be served.
In a later interview with ANC, US Embassy spokesman Matther Lussenhop however verified that Smith is still in the US Embassy "in the same detenfion facility that he (and three other servicemen before) were detained."
Meanwhile, Justice Sec. Raul Gonzalez told ANC that the government’s move to transfer Smith did not violate any Philippine law.
“We did not surrender Philippine jurisdiction because the VFA itself says that for the duration of the judicial process, the US has custody. I think that's the law between the parties. So what law are we violating? We are violating the treaty by not surrendering him to the American authorities for the duration of the judicial process,” he said.
In reaction to speculations that “Nicole’s” party will file impeachment cases against them, he simply said, “Anybody can do that. That will fail.”Smith was sentenced to 40 years in prison before the Makati Regional Trial Court for raping “Nicole”, a Filipina.
Presiding Judge Benjamin Pozon ordered for him to be detained at the Makati City jail.
Smith's lawyer filed an appeal with the Court of Appeals on the custody issue and sought a temporary restraining order on Pozon's order to detain Smith at the Makati city jail citing the provision in the Visiting Forces Agreement, which states that US servicemen accused of crimes in the Philippines must remain in US custody "until all judicial proceedings have been finalized."
The government, through the Solicitor General, intervened in the custody case before the CA and submitted a manifestation with an attachment containing an RP-US agreement to return Smith to US custody and signed by DFA secretary Alberto Romulo and US Ambassador Kristie Kenney. Despite the agreement between the Philippines and the US, the CA denied the petition for TRO and merely 'noted' the manifestation of the Sol-Gen.
Last Friday night however, a four-vehicle convoy carrying US officials and Interior Usec. Marius Corpus fetched Smith at the detention center to transport him back to the US Embassy.
Chief Presidential Legal Counsel Sergio Apostol said the transfer was authorized by the Bureau of Jail Management and Penology.ABS CBN
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