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Duterte abused power in granting absolute pardon to Pemberton —Laude’s lawyer
President Rodrigo Duterte abused his power in pardoning US Lance Corporal Joseph Scott Pemberton who killed transgender Filipino Jennifer Laude in 2014, the lawyer of the victim’s family said.
Interviewed on GMA News’ Unang Balita on Tuesday, Atty. Virgie Suarez was asked if the Laude family could still pursue legal action to reverse the pardon granted to Pemberton.
“Mahirap na, halos wala na dahil ito ay isang discretionary at inherent power ng Presidente. Kaya ang paggamit dito ay hindi dapat inaabuso ng President,” Suarez said.
“Kaya nga ang tindi ngayon ng outcry against this exercise ni President ng power. It is an exercise of an authoritarian mind. Gumagamit ka ng kapangyarihan hindi sa interes ng mamamayang Filipino pero para lang sa interes ng dayuhan,” she added.
On Monday, Duterte granted absolute pardon to Pemberton.
In a briefing from Davao City, Duterte said Pemberton was treated unfairly when his behavior while detained and in prison was not duly monitored by Philippine authorities for good conduct time credits.
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"Sa tingin ko, hindi dapat para mabigyan ng pardon ang mga banyaga. Lalo na someone who has committed a very heinous crime," Suarez said.
“Ang dami puwedeng bigyan ng pardon. Ang dami noong matanda na. Last year, pinakawalan dahil diyan sa good conduct time allowance, pinabalik, isang 76-year-old,” she said.
“Tapos ngayon si Pemberton batang-bata, pumatay, ni hindi pa tapos i-serve ang kanyang sentence bibigyan ng pardon dahil lang sa simpleng dahilan na Amerikano siya. Wala nang ibang dahilan,” she added.
Pemberton killed Laude in 2014 after he realized that she was a transgender woman while they were out on a date.
The US Marine, who was a participant in joint military exercises, was convicted in 2015 and was detained in accordance with the provisions of the Visiting Forces Agreement.
On September 1, a court in Olongapo ordered the early release of Pemberton "for he had already served the 10-year maximum of his penalty."
Despite only being five years into his prison term of six to 10 years, Pemberton was ordered released because the judge took into account the good conduct time allowances (GCTA) he had accumulated while detained.
The court said Pemberton had served a total of 2,142 days and earned 1,548 GCTAs. Taken together, this amounts to 3,690 days, or 10 years, one month, and 10 days — more than the 10-year maximum penalty imposed on him, the court said.
The Bureau of Corrections said Thursday it has put on hold the release of Pemberton while the family of Laude asked a court to direct the serviceman to complete his service of sentence. —Joviland Rita/KG, GMA News