De Lima: ‘Appropriate’ to demand custody of Pemberton when arrest warrant comes out

While the government plans to insist on getting custody of US Marine Private First Class Joseph Scott Pemberton, the "appropriate time" to do so will be when the court has issued a warrant of arrest against him, Justice Secretary Leila de Lima said Tuesday.

 

Interviewed on GMA News TV's News To Go, De Lima said the US serviceman accused of killing Filipino transgender woman Jeffrey "Jennifer" Laude still cannot be detained since it is just a regular preliminary investigation, not an inquest proceeding, which she said applies when the suspect is caught in the act.

 

"Nililinaw ko po na ang appropriate time that we demand for his custody is kapag ho meron nang warrant of arrest na ini-issue ang korte, kasi sa kahit ano naman hong kaso ... 'pag sa stage po ng preliminary investigation, hindi pa naman ho natin 'yan pwedeng ikulong," she said.

 

De Lima, however, said they are expecting Pemberton to appear before the city prosecutor of Olongapo for the preliminary investigation set on Tuesday afternoon, as a show of respect for the process which his case will go through. 

 

"Inaasahan po namin siya na dumalo sa first hearing ... dahil nga po kailangan ipakita na nire-respeto 'yung proseso ng ating prosecutor's office, ng ating justice system," she said.

 

De Lima said she's not sure if Pemberton will be required to submit his counter-affidavit on the preliminary investigation, but added that he must file such in person to swear on the document before the prosecutor himself.

 

The Justice chief added that if Pemberton does not participate in the preliminary investigation, the prosecutor will resolve the case based on the evidence presented by the complainant.

 

"Kung hindi siya dumalo, kung hindi siya mag-participate, that's his own lookout in the sense na mako-consider na waived ang kaniyang right to present his side at [this] stage, and therefore, ang kaso po ay ire-resolve 'yan ng prosecutor namin base sa mga ebidensiya ng complainant," she said.

 

Key witness to appear in Senate

 

Meanwhile, De Lima said they have allowed "Barbie," one of the two witnesses in the Laude case, to appear before a Senate panel on Wednesday, upon the request of Senator Miriam Defensor Santiago.

 

On Monday, Santiago wrote De Lima asking her to allow "Barbie" and a staff of Celzone Lodge, where the victim was found dead, to attend the scheduled hearing. 
 

Olongapo City Prosecutor Emilie Fe delos Santos was also invited.

 

However, De Lima said they can only vouch for "Barbie," who has been placed under the Witness Protection Program. 

 

"'Yung isa po, 'yung cashier ng lodge, even if witness din po siya, wala po siya sa WPP, kaya kinourse through ko po kay Prosecutor Delos Santos 'yung request ni Senator Miriam," she said. —Rose-An Jessica Dioquino/RSJ, GMA News