Pemberton summons sent to DFA, says Laude lawyer

According to Harry Roque Jr., he was informed of this during a visit to the Department of Justice in Manila. He said the summons will be coursed through the Department of Foreign Affairs (DFA).

"Ang alam ko ay papunta na ang summon sa DFA. So hindi kagaya nung kaso ni [PFC Daniel] Smith na nagtalaga na lahat ng summon ay papadala sa US embassy, ito hindi pa malinaw ang mangyayari pagkatapos dalhin ang suponea sa DFA," said Roque.

DFA assistant secretary for legal affairs Ed de Vega and Olongapo City prosecutor Fe delos Santos left DFA at 5 p.m. and believed to be on the way to US embassy to deliver the subpoena.

Smith is a US serviceman who was convicted in 2006 for raping a Filipino woman in Subic, Zambales. He was eventually freed after the victim recanted her testimony.

Laude was found dead inside the motel's comfort room. An autopsy report indicated that she drowned after her face was pushed into the toilet bowl. The report also showed that she suffered multiple bruises and abrasions.

Roque said their camp went to the DOJ to apply for government protection under the Witness Protection Program for "Barbie," a friend of Laude's who is considered a primary witness in the killing.

Roque also said the Olongapo City Prosecutor's Office has set for October 21 the start of the preliminary investigation on the murder complaint filed against Pemberton, who is in US custody aboard USS Peleliu in Subic, Zambales.

Justice Secretary Leila de Lima earlier said formally serving the subpoena to Pemberton was important so he could be given a chance to respond to the charges. Otherwise, she said, the suspect could claim his right to due process was violated.

"Kaya nag-iingat din ang Prosecutor's Office. We have to know kanino ise-serve, through which officer or which office. That’s why we’re coursing it through the DFA. The DFA will in turn course it through the US Embassy. We are awaiting advice exactly kung kanino ia-address iyong subpoena," she said.

Barbie claimed to have been with Pemberton and Laude when they entered a room at the Celzone Lodge in Olongapo City on Saturday night. Barbie also positively picked Pemberton from a line-up of six pictures presented by the US Naval Criminal Investigation Service.

Safety for witnesses

Roque said he worries for the Laude family, noting he himself had been followed by an American national when he visited the Laude family.

"Dumating ako doon noong Miyerkules at matapos mapagkasunduan ng pamilya Laude na ako ang tatayong abugado, sinimulan ko na rin ang sariling imbestigasyon ko. Kahit saan ako pumunta, mayroong Amerikanong nakasunod sa akin," Roque said.

"Nagpunta ako sa fiscal's office, nagpunta rin doon ang [Amerikano]. Nagpunta ako sa kapulisan, nagpunta rin doon, nagpunta ako sa bahay ng isang testigo, nagpunta rin sa bahay ng testigo," he added.

Roque added: "Kung ang abugado ay lantaran na puwedeng sundan ng mga Amerikano, I am sure sinusundan din nila [ang pamilya Laude]. At pwede ring matakot sa presensya nila mga testigo. Kaya importante na maipasok sila sa WPP."

Apart from Barbie, two other witnesses in the killing have applied for WPP coverage, Roque said.

No settlement

Roque also said the family has assured him that they would not enter into any settlement over the case. "Sabi ng mother ni Jennifer, hindi gaya ni Nicole na buhay at puwede pumirma ng affidavit of desistance eh patay na po si Jennifer. Hindi na makakapirma," he said.

Nicole was the nickname given to Smith's supposed rape victim, Suzette Nicholas, who eventually retracted her statement and migrated to the US.

Custody

Roque noted how policies under the Visiting Forces Agreement seemed to have changed in Pemberton's case. He said in the case of Smith, primary custody over him was given to the Philippines and that the US government only requested his transfer afterwards. All summons related to the Smith case were being forwarded to the US Embassy.

In Pemberton's case, however, he was immediately taken into custody by the US government and held on board the USS Peleliu, one of the US vessels docked in the country.

"Kami ay nagtataka bakit naiba ang proseso... Nakita niyo naman ang nagyari nung wala tayong kustodiya sa Kano, parang lulutang-lutang lang. Hindi namin alam kung ano ang mangyayari," said Roque.

He added: "Mayroon tayong channel at proseso na hindi nasusunod."

Roque appealed to VFA Commission executive director Eduardo Oban to push for the transfer of Pemberton's custody to Philippine authorities.

"Nananawagan ako kay Oban na habang nagsisilbi sa gobyerno, huwag naman magbingi-bingihan," said Roque, adding that he has already requested an appointment with Oban but the official has yet to confirm it as of Friday. — with Joel Locsin/VC/KBK, GMA News