The government’s unfair treatment of US Marine Joseph Scott Pemberton has prompted President Duterte to pardon him for the crime of killing transgender woman Jennifer Laude six years ago.
(ROBINSON NIÑAL JR. / PRESIDENTIAL PHOTO / MANILA BULLETIN)
In his televised address Monday night, the President said Pemberton was treated unfairly when authorities did not know how to compute his good conduct time allowance (GCTA) since they failed to monitor him during detention.
Duterte, a former prosecutor, said it was not Pemberton's fault if authorities have no record of how he spent his time in detention during and after trial. Pemberton "is not required to keep his record of his own and characterize his behavior there inside while in prison," according to the President.
"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, na itong tao na ito magulo, parang lasing araw-araw, nagsisigaw ganun (It is not the fault of Pemberton if this was not computed because we should allow him the good character presumption because Marines did not report if he was unruly. The Marines could have reported it otherwise to the Secretary of the Justice or to the police, to the PNP, that this person is rowdy, like a drunk every day, shouting)," Duterte said.
"So sabi ko kay Secretary Medialdea 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.
Duterte said no one can question the pardon he has given Pemberton. "It cannot be questioned anywhere," he said.
Prior to Duterte's public address, Foreign Affairs Secretary Teodoro Locsin Jr. announced that the President granted absolute pardon to Pemberton, who was convicted in 2015 for the killing Jennifer Laude in 2014. The Palace later confirmed the President's decision, saying Pemberton may be released from detention and go home.
Pemberton happy
Pemberton is "very happy" with the grant of absolute pardon given him by President Duterte and may write a letter to the family of Jennifer Laude before his release from detention.
Rowena Garcia-Flores, Pemberton's lawyer, assured the public that Pemberton will not be “spirited away” from the country, and will comply with all legal requirements before he leaves the country.
She said she has already talked to Pemberton and that the latter was “very happy” about the news.
Flores said she expects Pemberton to be released from detention this week.
The lawyer said she would also advise Pemberton to write a letter to the Laude family.
“He is very sorry that these things happened,” Flores said.
“I would like him to deliberate on what he will say so that he will not offend the Laude family,” she added.
Flores said she was “surprised” with President Duterte’s decision to grant her client an absolute pardon.
Before the absolute pardon was granted, a local court ordered the early release of Pemberton following a reduced prison term due to good conduct.
His release however was halted after the Palace announced the court verdict is still subject to a pending appeal.
Pemberton has been detained at a special facility inside Camp Aguinaldo. (With a report from Noreen Jazul)