Rodrigo Duterte defense opposes prosecution's bid to submit expert report to ICC
MANILA, Philippines — The defense team of former president Rodrigo Duterte has opposed the prosecution's bid to submit an expert report as evidence in his crimes against humanity of murder case before the International Criminal Court (ICC), questioning its late submission and the inclusion of related materials.
In an 8-page request originally filed on October 30 and released on November 6, defense lawyer Peter Haynes asked ICC Trial Chamber III to dismiss the prosecution's fourth application under Rule 68(3), arguing that it failed to seek permission to include the expert report and its associated materials in its list of evidence.
The report, prepared by prosecution witness P-1400, was received by the prosecution after the deadline for submitting its list of evidence, according to the defense.
On October 23, prosecutors informed Trial Chamber III that P-1400, whose field of expertise remains undisclosed, had provided an expert report covering redacted topics relevant to Duterte's case. They also sought to introduce 15 associated items alongside the report under Rule 68(3).
Haynes said the prosecution had not explained why it did not seek leave to submit the report earlier, despite having received it weeks after the deadline.
The defense argued that the timing could affect Duterte's ability to prepare his case.
"This omission affects Mr Duterte's ability to prepare his defence, particularly as P-1400 is expected to be the [REDACTED] witness called by the Prosecution and the associated materials are extensive," the filing read.
The defense did not generally oppose the use of expert reports under Rule 68(3). However, it questioned the inclusion of two other studies cited in P-1400's report, saying the witness did not sufficiently discuss or explain their contents.
"In reality, the Prosecution is attempting indirectly to introduce material prepared by other professionals who are not on its witness list via the instant Expert Report which - by its own admission - only '[REDACTED]'," the filing read.
"These additional materials do not form an integral part of P-1400's evidence," it added.
Haynes also objected to documents they considered repetitive and of little relevance to the proceedings.
"Their introduction would be redundant, and would burden the Chamber with evidence of negligible relevance, contrary to its express directions," the filing read.
The defense asked the chamber to dismiss the prosecution's application or defer its consideration until the judges decide on the request to add the documents to the list of evidence. It also asked the chamber to reject the proposed redacted materials as associated evidence under Rule 68(3).
Prosecutors submit updated witness list
In a separate filing dated November 6, the ICC Office of the Prosecutor submitted an updated list of witnesses following an order from Trial Chamber III.
The prosecution identified witnesses who may testify through audio-video link (AVL) technology and updated their anticipated order of appearance.
The chamber had directed the prosecution to provide the number of witnesses expected to testify remotely, their anticipated calling order and any foreseeable issues with AVL testimony.
The prosecution said it would inform the chamber, the parties and participants if circumstances would allow the witnesses to testify in person.
"The Prosecution does not currently foresee any issues with respect to AVL testimony," the filing read.
The updated witness list was attached as a confidential annex because it contains sensitive witness information. The public filing did not disclose the names or number of witnesses included in the list.
The submission was signed by Acting Prosecutor Mame Mandiaye Niang.
Duterte's trial set to open Nov. 30
Duterte's trial before the ICC is scheduled to open on November 30 at 10 a.m. in The Hague, Netherlands.
The judges will first verify whether Duterte understands the charges against him and ask him to enter a plea. The prosecution and the legal representatives of victims will then deliver their opening statements, followed by the defense if it chooses to make one.
The prosecution has been given six hours to present its opening statement, while the victims' representatives have three hours. The first prosecution witness is expected to testify after the opening statements.
The ICC confirmed all charges of crimes against humanity against Duterte on April 23, 2026, and committed him to trial. He faces three counts involving alleged murders and attempted murders linked to the war on drugs.
- Latest
- Trending
