Duterte defense asks ICC judges to block prosecution report tied to written testimony

Lawyers for former President Rodrigo Duterte have asked judges of the International Criminal Court (ICC) to refuse a prosecution report offered as evidence alongside a witness's prior recorded statement, according to Mindanao Times.

The request came in a public redacted filing dated Nov. 2, submitted by lead counsel Peter Haynes, KC, to ICC Trial Chamber III in The Prosecutor v. Rodrigo Roa Duterte.

The filing responds to a prosecution motion under Rule 68(2)(b), which allows previously recorded testimony to be introduced without the witness appearing in person. The prosecution sought to use this route for three witnesses, identified only as P-0024, P-1357 and P-1359, together with related materials.

The defense took no position on admitting the three witnesses' written statements through the expedited procedure. However, it objected strongly to report PHL-OTP-0003-0886, which is linked to witness P-1357.

According to the filing, P-1357's testimony is peripheral because she does not substantively address the research, allegations or findings in the report. The defense also pointed out that other prosecution witnesses are expected to testify about alleged killings in Davao.

The core of the defense's argument is that simply mentioning a document is not enough legal basis to admit it. A witness must meaningfully discuss a document's contents before it can be admitted with a prior statement under Rule 68(2)(b), the filing said.

The defense said it does not plan to cross-examine P-0024 or P-1357 but maintains its objection to the attached documentary evidence. The filing did not say whether it intends to cross-examine P-1359.

The defense also raised Duterte's health, saying it supports steps to speed up the proceedings, "particularly in light of Mr. Duterte's age and frailty," but that efficiency must not undermine his right to a fair defense.

"Procedural efficiency must not come at the expense of his fundamental right to defend himself effectively," Haynes wrote, asking the judges to reject the report's admission.