MANILA, Philippines—The Philippine government will fight for the custody of US Marine Private First Class Joseph Scott Pemberton, suspect in the gruesome death of Filipino transgender Jeffrey “Jennifer” Laude.
Justice Secretary Leila de Lima. INQUIRER FILE PHOTO
“The Philippine government has the discretion to also insist further on his continued custody by Filipino authorities by citing compelling or extraordinary reasons,” Justice Secretary Leila De Lima said Wednesday.
In fact, she said the Visiting Forces Agreement Commission, Department of Foreign Affairs and DOJ are already working through diplomatic channels to secure Pemberton’s custody.
“The transfer [of Pemberton to Camp Aguinaldo] is a result of ongoing talks between the Philippines and US authorities,” De Lima said.
Pemberton was transferred to Camp Aguinaldo, a Philippine military facility. However, the US government, in a statement said custody remains with the US government.
De Lima said the Philippines has primary custody over Pemberton following Article 5, Section 6 of the VFA which provides that the “custody of any US personnel whom the Philippines is to exercise jurisdiction shall immediately reside with the United States military authorities, if they so request from the commission of the offense until the completion of all judicial proceedings.”
De Lima also sees nothing wrong with the reported investigation of US military officers into the Laude killing, saying Pemberton is under the authority of the US military which may have ordered a probe into the incident for purposes of disciplinary action.
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