(Eagle News) – President Rodrigo Duterte on Monday night, Sept. 7, explained why he granted absolute pardon to US marine Private First Class Joseph Scott Pemberto, saying he believed the US soldier had not been treated fairly.
Pemberton, who has been convicted for the killing of Filipino transgender Jennifer Laude in 2014 when he was just 19 years old, was ordered released by an Olongapo regional trial court early this month after it ruled that he had already served his sentence which was a minimum of six years imprisonment to a maximum of 10 years imprisonment.
The court had allowed the computation of his alleged Good Conduct Time Allowance (GCTA) which when added to the more than five years and 10 months of imprisonment, already added to more than 10 years, according to the Olongapo RTC.
Duterte, on Monday night in his address to the nation, said that it was his prerogative to grant absolute pardon to Pemberton.
“Alam mo, I am not favoring anybody, neither Pemberton nor the family. Pero alam mo itong gobyerno may kaunting ano diyan dapa kasi sa good behavior kailangan i-compute mo sa lahat, detained siya for the crime facing trial and prisoned siya for the crime. Iba ‘yung detenado ka habang ‘yung kaso hini — pinapakinggan ng korte, trial. Iba naman ‘yung detenado ka na, sentensiyado ka na after trial. Siya kasi while being tried, detained na siya, tapos noong na-convicted siya tuloy-tuloy na,” he explained.
“So it is not the fault of Pemberton na hindi na na-compute because we should allow him the good character presumption kasi wala namang nag-report na Marines na nagsabi nagwawala siya. The Marines could have reported if it were otherwise to the Secretary of Justice or to the police, to the PNP (Philippine National Police), na itong tao na ito magulo,” Duterte said.
-Pres. Duterte says Pemberton not treated fairly-
The President said that he had called up Executive Secretary Salvador Medialdea and Justice Secretary Menardo Guevarra about the issue.
“So sabi ko kay [Executive] Secretary Medialdea, si ES, pati si ang Secretary of — pinatawag ko sila dito ngayon kanina — Menardo Guevarra, sabi ko, ‘It’s my decision to pardon. Correct me if I’m wrong, but ito ang tingin ko sa kaso. You have not treated Pemberton fairly so i-release ko. Pardon,” he said.
“Eh ang pardon walang maka-question niyan. It’s — wala talaga, it cannot be questioned anywhere,” Duterte said.
The President said that he gave Pemberton absolute pardon because he just wanted to do things fairly.
“And it’s not because of that that I pardoned Pemberton. Kaligaya ko na lang magpakulong ng mga buang, mga g***. But you know if there is a time where you are called upon to be fair, be fair, be fair,” he said.
However, he said, that if this was a drug issue, then he would opt to be more “cruel.”
“Ngayon sabi mo, ‘Duterte, fair ka ba diyan sa mga durugista? Ah be cruel, be cruel….Sinisira ninyo ‘yung bayan,” he added.
About six years ago, in October 2014, Pemberton, then only 19, was in the Philippines to take part in regular military exercises. His ship was docked at Subic Bay Freeport, former home of the Subic Bay Naval Base. On Oct. 11, 2014, he met Laude, then 26, years old in a bar in Olongapo and the two went to a motel. He left 30 minutes after checking in, and staff found Laude’s naked body inside the toilet.
During the hearing in court, Pemberton admitted fighting with Laude, but not to killing the transgender. He claimed he acted in self-defense, after he discovered “it was a man” who was performing a sexual act on him.
The cause of death of Laude was reported as “asphyxiation by drowning.”
(Eagle News Service)
