Laude kin want Pemberton arraigned soon

MANILA, Philippines - The family of slain transgender Jeffrey “Jennifer” Laude will seek the immediate resumption of trial proceedings in the murder case against US Marine Lance Corporal Joseph Scott Pemberton before the Olongapo City regional trial court (RTC).

Lawyer Harry Roque Jr. said the Laude family would file today with the Olongapo RTC Branch 74 an urgent motion to arraign Pemberton following the Department of Justice (DOJ)’s affirmation of Pemberton’s indictment for murder.

“We can now proceed to prove his guilt. The nation deserves to know the truth, while the victim deserves justice,” said Roque, private prosecutor in the murder case.

“We will no longer wait for the possible appeal of the DOJ resolution,” he said in a text message.

Roque also lauded the DOJ for dismissing the petition of Pemberton seeking the dismissal of the murder charges, which he branded as “dilatory tactics.”

Last month, RTC Judge Roline Ginez-Jabalde suspended trial proceedings in the murder case for 60 days to wait for the DOJ’s resolution of Pemberton’s appeal.

The suspension is supposed to last until next month, but the DOJ was able to rule on the petition for review of the US serviceman in just a month’s time.

In a 12-page resolution released last Tuesday, the DOJ dismissed Pemberton’s petition seeking reversal of findings of the Olongapo City Prosecutor’s Office last month that led to the filing of the murder case against him in court.

The DOJ agreed with the city prosecutor’s finding that all elements of murder exist in this case – treachery, abuse of superior strength and cruelty.

Justice Secretary Leila de Lima likewise rejected the claim of Pemberton that there was no direct evidence linking him to the killing.

Lastly, the DOJ thumbed down the argument of Pemberton that he was denied due process when he was not given opportunity to controvert the charge against him during preliminary investigation.

The RTC already issued an arrest warrant against the US serviceman, who remains under US custody at a joint facility in Camp Aguinaldo, Quezon City.

Laude was found dead on Oct. 11, 2014 inside the bathroom of Room 1 of the Celzone Lodge in Olongapo City.

After a joint parallel investigation by the Philippine National Police-Olongapo City Police Office and the US Naval Criminal Investigation Service, and upon testimony of seven witnesses, a complaint for murder was filed against Pemberton.