4 US Marine witnesses in Jeffrey Laude slay case already out of PHL –DFA

Four members of the US Marines summoned by the Olongapo City Prosecutor's Office in connection with the killing of Filipino transgender woman Jeffrey "Jennifer" Laude have already left the country, the Department of Foreign Affairs (DFA) said Monday.

“DFA was not informed by the US side that four witnesses were leaving the country. They are not required to do so,” Foreign Affairs spokesman Charles Jose said in a text message.

The four witnesses, along with suspect Private First Class Joseph Scott Pemberton, were summoned by the Olongapo City Prosecutor to appear in the preliminary investigation Tuesday to present their counter-affidavits.

However, the US Embassy in Manila earlier stated that the witnesses will not appear on October 21 after meeting their current legal obligations.

“They have already satisfied the legal requirements. Moreover, US has given assurance that they will make available the witnesses at the trial,” Jose said separately at a press briefing.

The embassy also said Pemberton’s appearance on Tuesday remains uncertain, saying it “is a decision that he will make in consultation with his Philippine legal counsel, in accordance with Philippine law.”

“With regard to that, the prosecutor will expect the respondent to appear for prelim investigation tomorrow on the basis of the Visiting Forces Agreement that says US military authorities shall, upon formal notification of Filipino authorities and without delay make such personnel available to those authorities in time for any investigative and judicial proceedings,” Jose said.

“His legal adviser should advice him to appear,” he added.

Pemberton has been identified as the suspect to the killing of Laude, who was found dead inside the toilet of a motel room in Olongapo City last October 11. According to witnesses, Laude was last seen with Pemberton at the motel.

The four American soldiers, meanwhile, were reportedly Pemberton's “liberty buddies.” They were reportedly with Pemberton several hours before he checked in with Laude in a motel.

One of the four soldiers was also identified as the rifle guard of US warship USS Peleliu, where Pemberton was stationed and is currently detained.

Pemberton is the second American serviceman to be implicated in a crime in the Philippines since 2005. Another US Marine was convicted of raping a Filipino woman in the former military base of Subic Bay in Olongapo, Zambales nine years ago, but the case was dismissed by the court after the victim recanted her testimony.

Pemberton was among the 3,500 US soldiers who participated in the annual joint military training with Filipino counterparts in various locations in the Philippines under the VFA. The VFA was signed by Manila and Washington in 1998.

The agreement paved the way for the return of American troops to the country on a temporary basis seven years after Filipino legislators voted to shut down the US bases in Subic and Clark Field, Pampanga in 1991.

The VFA states that the Philippine government has criminal jurisdiction over the case, but the American military gets immediate custody of the accused. —with Elizabeth Marcelo/KBK, GMA News