New Duterte lawyer seeks another fitness review

MANILA, Philippines — British lawyer Peter Haynes, the new lead defense counsel of former president Rodrigo Duterte, is hitting the ground running with a move to revisit the issue of the former chief executive’s fitness to stand trial before the International Criminal Court (ICC).

Haynes filed his first submission on the case on May 15, ahead of the first status conference set by the Trial Chamber III later this month.

In his 14-page observation, the British lawyer said it would be “inappropriate to attempt to set a date for the commencement of trial” due to unresolved factors.

“In particular, the defense position is that a commencement is contingent upon a determination by the Trial Chamber of Mr. Duterte’s fitness to stand trial. As further elaborated below, the defense will request that this issue is revisited by the Trial Chamber,” he wrote.

“Whilst a determination of Mr. Duterte’s competence was undertaken during the pre-trial phase on the basis of written reports, his condition continues to deteriorate and will need more fully to be reviewed before any trial may commence,” he added.

Haynes said any fresh determination of Duterte’s fitness to stand trial should be heard via voice or verbal evidence.

Duterte, 81, was previous found by the ICC Pre-Trial Chamber I fit to participate in pre-trial proceedings, particularly the confirmation hearings held in February.

The decision was based on the findings of an independent panel of medical experts formed by the pre-trial judges to assess Duterte’s medical condition.

The Pre-Trial Chamber I later confirmed the charges, with the newly-constituted Trial Chamber III taking over the case.

The defense has filed a motion for leave to appeal the pre-trial chamber’s decision, while the trial chamber is currently reviewing Duterte’s detention.

In case he is found fit to stand trial, Haynes said the defense would “require sufficient time to prepare its case.”

He noted other cases wherein it took 14 to 19 months from the confirmation of charges before trial commenced.

The ICC Office of the Prosecutor wants trial to start on Nov. 30.