MANILA—The U.S. on Wednesday rejected the Philippines’ request for custody of an American Marine accused of killing a Filipino woman, a development that, while expected, could sharpen criticism of an expanded military deal between the longtime Pacific allies.
The Philippines’ Department of Foreign Affairs sought custody of U.S. Marine Joseph Scott Pemberton after a trial court on Monday issued a warrant for his arrest for the murder of Jennifer Laude, who was found dead on Oct. 11 in a hotel in Olongapo City.
Mr. Pemberton is being held in an air-conditioned trailer guarded by U.S. personnel, located within the Philippines’ military headquarters.
He was charged with one count of murder on Monday. It isn’t clear how he will plead once he is arraigned.
In a statement issued Wednesday, the U.S. Embassy in Manila said it would retain custody of Mr. Pemberton as permitted under the U.S.-Philippines Visiting Forces Agreement “until completion of all judicial proceedings.”
Critics of the VFA and the latest agreement allowing increased U.S. troop presence for a longer period in the Philippines have pointed to issues such as the handling of crimes allegedly committed by American servicemen as affront to the country’s sovereignty. The Philippine Supreme Court is reviewing the constitutionality of the new pact.
Philippine political analyst Ramon Casiple said that while the U.S. turning down the Philippines’ request for custody was expected, the U.S. government’s decision “has grave implications on Philippine sovereignty.”
Mr. Casiple said the decision suggests “that U.S. military personnel can commit crimes without any Philippine law being applied without the consent of U.S. government.”
In a 2005 alleged rape by several U.S. servicemen, the U.S. kept custody throughout the trial and up to the appeal process in a case in which the woman recanted her story.
The U.S. assured the Philippines it will present the suspect for court proceedings as required by law.
DFA spokesman Charles Jose said the Philippines is “disappointed” the U.S. didn’t waive its right to custody of Mr. Pemberton.
He said Mr. Pemberton will remain detained in sovereign Philippine territory, and the country’s Armed Forces will ensure he remains in the detention facility.
“We will continue to make the necessary representations in support of the judicial process. We will also remain vigilant in ensuring that the U.S. continues to remain faithful to their obligations under the VFA, to ensure that justice is obtained,” he said, reading the DFA statement.
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