THE government took custody on Wednesday of the American marine who was accused of killing a Filipino in Olongapo City last week after he was taken to Camp Gen. Emilio Aguinaldo in Quezon City, where he will be detained by US officials.
Pfc. Joseph Scott Pemberton was turned over by US officials to the Philippine military at around 8:45 a.m.. He will be detained at the facility of the Mutual Defense Board-Security Engagement Board inside the camp.
Pemberton, of the 2nd Marine Battalion of the US 9th Marine Regiment, was received by US and Filipino officials, including Gen. Gregorio Pio Catapang, Armed Forces chief of staff; Visiting Forces Agreement Commission Commissioner Eduardo Oban; and Col. Mike Wylie of the joint operations division of the Mutual Defense Board (formerly Joint US Military Assistance Group).
He will be detained in an airconditioned container van parked inside the compound. The van will be guarded by American personnel but the perimeter will be secured by Filipino troops.
Catapang said the turnover of Pemberton from the American landing dock assault ship USS Peleliu that was moored at Subic Bay, which had served as his temporary custodial facility, meant that the government had officially taken custody of the accused American marine.
However, Catapang said the confinement of Pemberton inside Camp Aguinaldo will only be for the duration of the preliminary investigation of the case that he was facing in connection with the death of transgender woman Jeffrey “Jennifer” Laude in a motel in Olongapo City on October 11.
“The decision to detain Pfc. Pemberton to this facility was mutually agreed upon by both governments through their embassies,” Catapang said.
“The court will decide on the detention facility once a case has been filed against the accused,” he added.
Pemberton was among the 4,000 US troops who took part in the just concluded Amphibious Landing Exercise (PHIBLEX), a war games that involved US and Filipino soldiers, majority of whom are from the Marines of both Armed Forces.
Peleliu was among the American warships that participated in the exercises.
Catapang said the temporary turnover of Pemberton into Philippine custody showed the US’s respect to the country and its judicial processes.
“I think the US government is also sensitive of, to our feelings that this unfortunate incident happened, and they also want to show that they believe in our justice system,” he said.
Catapang maintained that “technically,” the American Marine is in the custody of the government as the facility is owned and even located within Camp Aguinaldo, although the suspect’s security is the joint responsibility by the US and the Philippines.
“Yes of course, technically he is in our custody, he is inside our camp. He is guarded by our soldiers,” he said.
The US Embassy however said in a statement that Pemberton will remain in US custody despite his detention in a facility inside Camp Aguinaldo.
“The US Embassy in Manila is aware of reports that an individual allegedly involved in the October 11 death of Jennifer [also known as “Jeffrey”] Laude, was moved from the USS Peleliu to Camp Aguinaldo, a Philippine military base located in Quezon City where the suspect will be held under US custody,” it said.
“In accordance with the US-Philippine Visiting Forces Agreement [VFA], the United States has a right to retain custody of a suspect from the commission of the alleged offense until completion of all judicial proceedings,” it added.
Still, the US said that it will work with the government in order to ensure that justice will be served.
“The VFA is a key part of that relationship, and the United States plans to continue to work closely with the Philippine government to help ensure justice is served and the rights of all persons are protected,” the US Embassy said.