Manila: The lawyer of the victim’s family and rights activists were up in arms as the United States insisted on retaining custody of a Marine accused of killing a transgender woman in a Philippine hotel in October.

US Ambassador to Manila Philip Goldberg said in a radio interview, “The VFA [Visiting Forces Agreement] requires the custody [of US servicemen accused of crimes in the Philippines] to be with us.”

However, the lawyer disagreed.

“The US custody of Lance Corporal Joseph Scott Pemberton, the US Marine who was charged with murder for the killing of transgender woman Jeffrey ‘Jennifer’ Laude at Celzone Lodge on Magsaysay Drive in Olongapo on October 11 was never automatic, based on the 1999 US-Philippine Visiting Forces Agreement,” Harry Roque told Gulf News on Wednesday.

Goldberg also confirmed that the promotion of Pemberton from Private First Class to Lance Corporal was assessed ahead of the murder case he was involved with last October.

“The US has to request for Pemberton’s custody from Justice Roline Ginez Jabalde of the Olongapo Regional Trial Court Branch 74 who is handling the case. The court will be the one to resolve this issue,” Roque said, adding a court’s interpretation will definitely touch a sensitive custody issue as provided for in the VFA, which serves as a guideline for US-Philippine joint war games Pemberton participated in before allegedly killing Laude.

Discussing other hurdles that must be surmounted in this case, Roque said, “The next steps ahead require proper legal procedures in this case — such as Pemberton’s detention in a local jail and appearance before the court during the trial period.”

Meanwhile, activists vowed to stage protests over the case.

“Rallies and vigils have been organised so that the court will handle this issue properly.” said a member of League of Filipino Students (LFS), a group that has forged alliance with various members of the Lesbian, Gay, Bisexual, and Transgender (LGBT) community.

“This case is deeply related to calls for the protection for transgenders in the Philippines”, said Naomi Fontano, executive director of Gender and Development Advocates (Ganda) Filipinas.

As various interest groups intensified calls on the Philippine government to secure custody of Pemberton, Justice Secretary Leila de Lima said the main aim of the Philippine government is to have “sole custody” over Pemberton.

“Getting his custody is a compliance with the court’s arrest warrant,” she explained.

When the alleged crime was discovered, US authorities detained Pemberton aboard the USS Peleliu, which was docked at Subic Bay off the Subic Bay Freeport, former home of the US Subic Naval Base.

In response to protests, on October 22, Pemberton was detained in a 20-foot (6-metre) high container van in a US-controlled facility on the grounds of Philippine Camp Aguinaldo, the headquarters of the Armed Forces of the Philippines, in suburban Quezon City.

It means twin-custody of the US and Philippine governments over Pemberton, legal experts said.

“But the container van is technically a US territory, the reason why diplomatic channels were required to serve his arrest warrant,” explained Justice Undersecretary Jose Justiniano.

If Pemberton is arrested, Justice Jabalde of the Olongapo Court must decide whether he will remain under US custody or he will be jailed with several inmates in Olongapo City jail, explained Justiniano.

“The US-Philippine defence relations will really be tested because of this case,” concluded political analyst Prospero de Vera.

US Ambassador Goldberg’s statement on Wednesday served as a final answer to all the Philippine government agencies that were mobilising for Pemberton’s handover.

Manila’s Department of Foreign Affairs served Pemberton’s warrant of arrest to US embassy officials on Tuesday night.

A letter to the DFA’s American Affairs Office also demanded custody over Pemberton, DFA spokesman Charles Jose said.

The Armed Forces of the Philippines, the Philippine National Police, and the National Bureau of Investigation did not give an update on how they served the warrant.