Arroyo justifies turnover of convicted marine rapist to US custody

Jan 2, 2007, 7:51 GMT

Manila - Philippine President Gloria Macapagal Arroyo urged the public on Tuesday to support the government's decision to turn over a US marine convicted of rape to American custody while his conviction is on appeal.

Arroyo said the decision to transfer Lance Corporal Daniel Smith, 21, to the US embassy from detention at the Makati City jail was aimed at preventing further deterioration of relations between the Philippines and the US.

'The government had to take this action in order to forestall the further deterioration in our strategic relationship with the United States, which was being rapidly eroded by our non-compliance of the Visiting Forces Agreement (VFA),' she said in a statement.

'The difficult decision was made and taken with only the best interest of the Philippines in mind,' she added. 'I therefore ask all the Filipinos to stand by it and to stand behind our alliance with the United States to fight terror and poverty.'

Smith had been detained at Makati City jail since he was convicted on December 4 for raping a 23-year-old Filipino woman in November 2005. On December 29, he was handed to US authorities without a court order.

Evalyn Ursua, a lawyer for the rape victim, on Monday filed contempt of court complaints against officials involved in the transfer, which she said was actually an 'escape' because of the lack of a court order.

Arroyo said her government was ready to face all the legal challenges to Smith's transfer to the US embassy.

'I wish to appeal for understanding from the people that this action will not affect the substantive issues at bar, nor impede justice and the rule of law,' she said.

Smith's transfer late in the evening last Friday came days after the US cancelled large-scale military training exercises with Filipino troops in apparent retaliation for the marine's detention.

The US embassy insists that Smith should remain in US custody until his conviction becomes final, invoking a provision of the VFA between Washington and Manila.

But the Philippine judge that convicted Smith for rape stressed that the provision in the VFA no longer covered the 21-year-old American soldier.

Smith's lawyers, with the support of the US embassy and the Philippine government, have raised the matter to the Court of Appeals, which ordered a status quo while it studied the merits of the custody case.