The defense of former president Rodrigo Duterte has asked judges of the International Criminal Court to exclude two prosecution witnesses ahead of trial, arguing that their testimonies rely on hearsay and offer little evidentiary value.
In a six-page document signed by lead counsel Peter Haynes, the defense challenged the testimonies provided by unnamed witnesses listed as P-1334 and P-1348.
The defense argued that both were absent for nearly the entire period covered by Counts 2 and 3 of the charges against Duterte, and had no direct knowledge of the instructions and operations carried out under his presidency.
“The interviews bear this out: the accounts they provided are substantially based on rumor, hearsay, and information obtained through the media,” the defense said.
In an earlier filing, the prosecution said P-1334’s testimony addressed the role of former police chief, now Sen. Bato Dela Rosa in the anti-drug campaign and his contribution to the common plan to “neutralize” alleged criminals.
But the defense countered that P-1334 allegedly confirmed she had no personal knowledge on how Duterte relayed instructions through Dela Rosa. It also pointed out that the witness recognized that her account is based on stories she had heard.
The defense likewise said that P-1348 did not speak from personal experience to substantiate her testimony on the alleged existence of financial rewards and quotas for killings tied to drug war during the Duterte administration.
“In addition, her evidence appears to have been shaped by information obtained from news reports and social media concerning the nanlaban narrative, rather than by any direct familiarity with the events,” the defense said.
With these reasons, the defense requested the Trial Chamber III to order the prosecution to drop the two witnesses from its list.
If the chamber rules to retain them, the defense said it would take “no position” on their admission, but urged the judges to admit only those parts of the testimony that “relate to proof of matters other than the acts and conduct” of Duterte.
Duterte faces crimes against humanity charges over killings linked to his administration’s war on drugs campaign. His trial is scheduled to open on Nov. 30.
