Olongapo court suspends Pemberton trial for 2 months

MANILA, Philippines - The Olongapo City court has granted the motion of US Marine Lance Corporal Joseph Scott Pemberton to suspend his trial for two months.

The court issued the order to allow the Department of Justice (DOJ) to rule on Pemberton’s motion to dismiss the case of murder filed against him.

Olongapo City Prosecutor Emilie delos Santos told GMA News that the court denied the separate motions of the family of victim Jeffrey “Jennifer” Laude to allow live media coverage of the hearings and to transfer Pemberton to a regular jail.

Delos Santos said the court ordered the trial suspended for 60 calendar days.

“No other reason (was) given except that it’s allowed in the rules. It’s the right of the accused,” Delos Santos said when asked why the court granted Pemberton’s motion.

Delos Santos, however, believes the murder of Laude is a “special case” and the DOJ will decide on it before the 60-day period lapses.

“Based on procedure, the trial is suspended… After 60 days, if the DOJ has no decision on the motion, the trial will resume. But this is a special case, I don’t think the DOJ will sleep on it,” she said.

In his motion to defer proceedings filed last week, Pemberton cited his right to a review of the merits of the case.

Pemberton has asked the DOJ to set aside the Dec. 15 resolution of the Olongapo City Prosecutor’s Office finding probable cause to charge him with murder.

Pemberton was charged with killing Laude in an Olongapo City motel on Oct. 11.

He is currently detained at a US facility inside the main headquarters of the Armed Forces of the Philippines at Camp Aguinaldo in Quezon City.

Although a warrant of arrest was issued against Pemberton, the US embassy has rejected the government’s request to take custody of the American trooper, citing the Visiting Forces Agreement.

Pemberton was among a group of US Marines who took part in the recently concluded US-Philippine joint military exercises in Zambales.

Pemberton and Laude reportedly met at the Ambyanz Night Life Bar along Magsaysay Avenue on the night of Oct. 11 and were later seen together checking in at the nearby Celzone Lodge.

Under the VFA, the involvement of a member of the US military like Pemberton in a crime has a prescriptive period of only a year.

Delos Santos said the prosecution will immediately move for arraignment of Pemberton once the suspension of proceedings has been lifted.

“The prosecution will move for immediate arraignment, the court will have to decide on that,” she said.