Metro Manila (CNN Philippines) – Olongapo City prosecutors opposed U.S. Marine Lance Cpl. Joseph Scott Pemberton’s application for bail.
In a comment filed before the Olongapo City Regional Trial Court Branch 74 on Monday (January 18), the prosecution said the local court has no authority over this matter.
The prosecution explained the Supreme Court had previously ruled on a similar case saying it is the Court of Appeals (CA) that has jurisdiction to hear and resolve a petitioner’s bail plea.
While the grant of bail is subject to judicial discretion, prosecutors said the high court had emphasized such discretion must be exercised with grave caution and only for strong reasons.
On December 1, the court handed down a guilty verdict for homicide against Pemberton for killing Filipina transgender woman Jennifer Laude.
Related: Joseph Scott Pemberton found guilty of homicide, sentenced to 6-12 years in prison
Pemberton is now asking the court to grant him liberty while he appeals his conviction.
His lawyers argued the court could grant bail to a person convicted of homicide or any crime with a penalty of reclusion temporal (12 years and 1 day to 12 years imprisonment).
They added their client should be granted bail because he is not a flight risk and that his superiors will no doubt deliver him to court when required.
Also read: Can Pemberton, convicted of homicide, get out on bail?
More than bail
But more than bail, Pemberton wants the court to reverse his conviction.
His lawyers believe the court failed to appreciate evidence showing another person killed Laude after Pemberton had left her.
But Olongapo prosecutors argued their physical evidence and testimony of expert witnesses established that Pemberton killed Laude by drowning her.
Also read: Revisiting the Jennifer Laude murder case
Pemberton and Laude got a room at the Celzone Lodge after a night of drinking on October 11 last year.
Laude’s dead body was discovered resting on the toilet bowl of the same room that night.
The prosecution underscored Pemberton’s camp failed to establish that another person entered the room after he left.
Pemberton’s camp will have the chance to reply to the prosecution’s opposition before the matter is submitted for resolution.
