Manila bows to US over custody of rapist

MANILA, Dec 30 (Reuters) The Philippines bowed to pressure from Washington over custody of a US Marine convicted of raping a Filipina, transferring him to the American embassy in Manila.

Officials and the US embassy spokesman said Lance-Corporal Daniel Smith was taken from a jail in the capital late yesterday.

His case has become a headache for the government, which agrees with Washington that under the terms of a Visiting Forces Agreement he should remain in US custody while he appeals.

On December 4, a local court sent the 21-year-old to a Manila jail, jeopardizing the Philippines' close security alliance with its former colonial master.

Last week, Washington said it was cancelling military exercises with the Philippines next year because of the issue.

''Lance Corporal Smith is now in US military custody and he will remain so until the completion of the judicial proceedings,'' US embassy spokesman Matthew Lussenhop told GMA 7 television.

He said it was too early to speculate on the prospects of holding military exercises next year following Smith's transfer.

Manila is reliant on US military aid and advice to help fight Muslim insurgents and, in addition to the annual war games, has up to 300 US military advisers working with local troops to help them capture militants in the restive south.

The yearly exercises are the centre-piece of a close security alliance and usually involve up to 5,000 US soldiers and around 3,000 Filipino troops over a two-week period.

Smith, who took part in the exercises last year, 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. Three other US Marines were acquitted of rape earlier this month.

''RAPE OF CONSTITUTION'' Lawyer Evalyn Ursua, counsel of the rape victim given the name Nicole, expressed surprise at the transfer.

Ursua told dzRH radio that the victim's legal team planned to file charges against those behind the transfer, and an impeachment suit against President Gloria Macapagal Arroyo, who she said was the only official who could authorise the transfer.

''This is tantamount to rape of the law and of the Philippine Constitution,'' she said.

''They spirited Smith in the dead of night, commando-style.

The guard was not asleep, the guard helped in the escape, and this had the blessings of the president.'' The rape victim criticised the government for the transfer.

''This government cannot protect its own citizens. At least the US government can protect its own criminals,'' Nicole told local radio.

About 50 members of women's groups burned a US flag in front of the American embassy in Manila today in protest.

REUTERS AB DS1335