Judge defies Manila, keeps US Marine in jail

MANILA, Dec 13 (Reuters) A Philippine judge sidelined his government today and denied a US request for custody of a Marine who was convicted of raping a Filipino woman last year, while he appeals his case.

The Philippine government had agreed with the US embassy that under the terms of a Visiting Forces Agreement (VFA), Daniel Smith should remain in US custody while he appeals last week's guilty verdict and sentence of life in prison.

But Judge Benjamin Pozon said it was Justice Secretary Raul Gonzalez and Chief State Prosecutor Jovencito Zuno who violated the treaty when they made an agreement with US Ambassador Kristie Kenny to return the 21-year-old to her custody.

''Neither Gonzalez nor Zuno is the appropriate Philippine authority who can legally enter into such an agreement,'' Pozon said.

He said the treaty also clearly stated any US soldier convicted of a crime within the country should be confined to a Philippine-run facility.

The US embassy in Manila said the court handling Smith's case may have misinterpreted the terms of the eight-year-old security arrangement, adding that security assistance between the two long-time allies depended on the pact.

''Continued US-Philippines military cooperation relies upon the adherence to the VFA, which provides a clear framework for the legal status of visiting US service members,'' the embassy said in a statement.

Since 2000, Washington has sent close to 500 million dollars in military aid and hundreds of US advisers to help Manila fight Muslim rebels with ties to Jemaah Islamiah, a regional militant group seeking to create a pan-Islamic state in Southeast Asia.

Gonzalez said Pozon's order may strain relations between the long-time security allies as state prosecutors met with the US legal attache to discuss the potential impact of Smith's imprisonment.

The US sailor has been held in a jail in Manila's financial district since his conviction, which followed a seven-month trial that prompted small protests against US-Philippine military ties and intense local media interest.

Smith was found guilty of raping a 23-year-old management accounting graduate in a van in a former US navy base while on shore leave at the end of two weeks of military exercises with Filipino troops. Three other US Marines were acquitted of rape.

The sailors said only Smith had sex with the woman, given the pseudonym ''Nicole'', and that it was consensual. They claimed the woman was being manipulated to incriminate them.

''We're happy, Nicole is happy, that Judge Benjamin Pozon made a stand despite all pressure,'' said Evalyn Ursua, the woman's lawyer.

During the controversial case, critics argued that the VFA gave US soldiers too much protection.

In a similar security pact set to be agreed with Australia, the Philippines is expected to insist on custody of Australian soldiers accused of crimes on its territory.

REUTERS BDP RK1625