JUSTICE SECRETARY CAN BE CITED FOR CONTEMPT
OVER REMARKS ON SMITH RAPE CASE

Senate Minority Leader Aquilino Q. Pimentel, Jr. (PDP-Laban) today said Justice Secretary Raul Gonzalez could be cited for contempt for threatening to sue for violation of law Makati Regional Trial Court Judge Benjamin Pozon over his decision dismissing the request of American Lance Cpl. Daniel Smith to be returned to United States custody while pursuing his appeal of the courts ruling on his conviction in a rape case.

Pimentel assailed Gonzalez for accusing Judge Pozon of wrongly interpreting the provisions of the Visiting Forces Agreement to suit his agenda. Gonzalez remarked that Pozon was sympathetic to Nicole (the rape victim) and leftist groups.

Judge Pozon should cite the justice secretary for indirect contempt of the court for threatening him with a vague suit for alleged violation of VFA and attributing demeaning motives to him. That threat is meant to make him alter his decision in the rape case, he said.

Pimentel also said the judge strictly speaking correctly interpreted the VFA provisions on the detention of convicted American servicemen by ruling that the custody of accused Smith by the US military authorities was terminated after the completion of the trial and rendition of judgment of conviction.

Gonzalez should be reminded that Judge Pozon is not his subordinate and if he wants to question Pozons decision, he could always elevate the issue to the higher courts.