Gov't defends Smith transfer before SC today

MANILA, Philippines – The government will defend before the Supreme Court during oral arguments today the transfer from the Makati City Jail to the US embassy of Lance Corporal Daniel Smith, the US Marine convicted almost two years ago of raping a Filipina.

Jose Justiniano, Smith’s lawyer, said he and his client are probably not required to attend the oral arguments because he has not received an official invitation from the SC.

“The major players there would be government officials like (Foreign Affairs Secretary Alberto) Romulo, (Executive Secretary Eduardo) Ermita, and (Interior Secretary) Ronaldo Puno,” he said.

Smith is not a principal party to the contempt case filed by the rape victim known only as “Nicole” because the issue is about the constitutionality of the government’s action transferring him to US embassy custody, he added.

On the other hand, US Ambassador Kristie Kenney said Smith is still in the country, and that he is not required to attend the oral arguments.

“(Today’s) hearing is between the government of the Philippines and the plaintiff,” she said.

“The embassy has not been involved. My understanding is that the suit is between the plaintiff and the government so I don’t think that Lance Corporal Smith is directly involved. He is under US custody in another compound.”

Judge Benjamin Pozon of Makati Regional Trial Court sentenced Smith to a maximum of 40 years in prison and ordered him detained at the Makati City Jail.

During the oral arguments at 1:30 p.m., the SC will also hear from lawyers of the parties and the Office of the Solicitor General whether contempt of court was committed when Smith was transferred to the US embassy. – With Michael Punongbayan, Pia Lee-Brago