The defense of former president Rodrigo Duterte has asked the International Criminal Court to reject a prosecution application to introduce an expert report and related materials, arguing that the documents were submitted beyond the deadline for identifying trial evidence.
In an eight-page filing, Duterte’s lawyers urged Trial Chamber III to exclude the report and supporting documents from a prosecution expert identified as P-1400, who is expected to testify in the trial scheduled to begin on Nov. 30.
The defense said prosecutors received the report and supporting documents weeks after the deadline for submitting their list of evidence had expired.
It also questioned why the prosecution did not seek the chamber’s permission to introduce the additional materials, as required under an earlier order governing evidence submitted after the deadline.
The defense warned that admitting the documents would disrupt its trial preparations, noting that the materials provided by the expert were extensive.
“Accordingly, the application should either be dismissed in limine or postponed until the chamber has assessed whether the materials can be added to the list of evidence,” the filing said.
Additional studies
While the defense said it generally did not oppose the admission of expert reports under Rule 68(3), it specifically objected to two additional studies that P-1400 allegedly neither explained nor substantively used in his report.
“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,” the defense said.
It also urged the chamber to reject another set of documents that allegedly merely duplicated information already contained in the expert’s study.
“Their introduction would be redundant, and would burden the chamber with evidence of negligible relevance, contrary to its express directions,” the filing said.
Trial Chamber III has yet to rule on the defense objections and the prosecution’s application, along with nine other pending requests under Rule 68(3), which allows previously recorded witness testimony to be admitted as evidence under certain conditions.
Witness lineup
In a separate filing, the prosecution submitted an updated witness list in compliance with an order from Trial Chamber III.
The revised list identifies witnesses expected to testify remotely through audio-video link and specifies their anticipated order of appearance.
Prosecutors said they currently foresee no issues with the use of remote testimony but would inform the chamber, the defense and other participants if circumstances allow witnesses initially scheduled to appear remotely to testify in person instead.
Duterte is facing crimes against humanity charges in connection with his deadly war on drugs, with his trial scheduled to begin on Nov. 30.
