a rapist @ the embassy

Court Rules US Rapist Must Be In Philippine Custody

08:37

MANILA (AFP)--A U.S. Marine convicted of raping a Filipina must be
transferred from detention at the U.S. embassy in Manila to a Philippine-run
facility, the Supreme Court ruled Wednesday.

The Supreme Court said in a statement it had ordered Manila to negotiate with
the U.S. authorities for an appropriate agreement on detention facilities
under Philippine authorities for Lance Corporal Lance Cpl. Daniel Smith.

Smith was convicted and sentenced in 2006 to 40 years in jail for raping a
Filipina after he took part in military exercises north of Manila in 2005.

His conviction prompted Washington to threaten calling off large-scale
military exercises with Manila until Smith was transferred to U.S. detention.

After Smith filed an appeal against his conviction, he was moved out of a
local jail and transferred to a facility inside the U.S. embassy compound on
Manila Bay.

The transfer followed a temporary custodial arrangement signed by Foreign
Secretary Alberto Romulo and U.S. ambassador to Manila Kristie Kenney.

However, the Supreme Court ruled that this document was not in accordance
with the visiting forces agreement signed by the two allies, which covers
procedures for any crimes committed by U.S. soldiers in the Philippines.

Romulo should negotiate with the United States representatives for the
appropriate agreement on Smiths return to Philippine custody, the court said.

Smith could remain at the U.S. embassy pending the signing of such an
agreement, it added.

Neither government made an immediate comment on the Supreme Curts ruling.