Duterte defense asks ICC to reject or defer prosecution bid to admit expert evidence

The defense team of former President Rodrigo Duterte has asked the International Criminal Court (ICC) to throw out or postpone the prosecution's latest request to admit expert evidence, arguing that procedural rules were breached and that his right to a fair trial is at stake, according to Mindanao Times.

The request was made in a public redacted filing before Trial Chamber III. It targets the prosecution's fourth application under Rule 68(3) of the court's rules, which concerns expert witness identified as P-1400.

According to the filing, the prosecution did not include the expert's report and its supporting materials in its official List of Evidence. The defense also said the prosecution did not ask the court for permission to add the documents after the deadline had passed. Bringing in evidence that had not been disclosed at this stage, the defense argued, weakens its ability to prepare its case.

The defense also objected to two third-party studies attached to the submission, saying the expert gave no meaningful explanation for them. It further challenged eight other items it described as repetitive and unnecessary.

The defense said it does not oppose the use of Rule 68(3) in general as a way to introduce prior recorded testimony. However, it maintained that the procedure cannot be used to sidestep formal rules on evidence or to undermine fair-trial guarantees.

The prosecution's application is still pending before Trial Chamber III, which is composed of Presiding Judge Joanna Korner, Judge Keebong Paek and Judge Nicolas Guillou.