The defense of former president Rodrigo Duterte has asked the International Criminal Court (ICC) to reject the prosecution’s request to admit the previously recorded testimonies of two witnesses, arguing that they should testify in person at trial.
The prosecution earlier asked ICC Trial Chamber III to admit the prior recorded testimonies of witnesses identified as P-1370, P-1393 and P-1416.
The request was made under Rule 68(2) of the ICC Rules of Procedure and Evidence, which allows the admission of recorded testimony under certain conditions when a witness is not present before the court.
In an Oct. 27 filing signed by lead counsel Peter Haynes, the defense said it did not oppose admitting P-1370’s statement but urged the judges to reject the recorded testimonies of P-1393 and P-1416.
The defense argued that P-1393’s statement goes beyond describing patterns of police conduct and directly implicates Duterte in the alleged killings and the system behind them.
It said P-1393 should testify orally and undergo cross-examination to establish the source and nature of the information he received and assess its probative value and reliability.
“Defense cross-examination is required to test the witness’s credibility and ability to provide relevant evidence capable of assisting the chamber in establishing the truth,” the filing said.
The defense also argued that P-1416, whom it described as a key witness to an incident covered by Count 3 of the charges, should be cross-examined to clarify the circumstances surrounding the allegation.
“P-1416 should therefore be heard viva voce or, at a minimum, pursuant to Rule 68(3), which would allow the defense to cross-examine him on the disputed issues in his statement,” it said.
The defense added that materials submitted alongside the testimonies of P-1393 and P-1416 should be assessed under the chamber’s criteria. It also urged the judges to reject documents that witnesses had not adequately addressed or explained.
Victims’ lawyers support admission
In a separate filing, the lawyers representing victims urged the chamber to grant the prosecution’s request.
The common legal representatives for victims (CLRV) -Gilbert Andres, Joel Butuyan and Paolina Massida – said the requirements under Rule 68(2) had been met.
They also argued that granting the request would help uphold the victims’ right to an expeditious trial.
“For the foregoing reasons, the CLRV respectfully requests the chamber to grant the request,” the filing said.
Duterte faces three counts of murder as a crime against humanity over thousands of alleged killings linked to his administration’s anti-drug campaign. His trial is scheduled to begin on Nov. 30.
