The International Criminal Court has cleared the use of a key witness’ prior recorded testimony to help speed up former president Rodrigo Duterte’s murder trial, while limiting prosecutors to one hour of live questioning when the witness appears in court.
In a 15-page decision, Trial Chamber III approved the prosecution’s request to admit the prior recorded testimony of a witness identified as P-1100, who allegedly has knowledge of the “neutralization policy” and the Davao Death Squad.
“The introduction of P-1100’s prior recorded testimony will advance the expeditiousness of the proceedings, reducing the time required for his questioning by the prosecution,” the chamber said, allowing prosecutors only one hour to question the witness when he appears in court.
The chamber based its decision on Rule 68(3) of the ICC’s Rules of Procedure and Evidence, which allows prior recorded testimony as long as the witness appears in court for examination by the parties and judges.
“Rule 68(3) of the Rules does not replace oral testimony but, rather, complements it, and the defense will have full opportunity to question P-1100 on any issues relating to his testimony,” the chamber said.
The prosecution said P-1100’s testimony is relevant to Duterte’s alleged policy of “neutralizing” suspected criminals in the Philippines through violent means, including murder.
It said the statement also provides evidence on the Davao Death Squad’s modus operandi and Duterte’s alleged individual criminal responsibility, including his knowledge and intent.
Defense lead counsel Peter Haynes argued that P-1100’s testimony could not support the broader claims the prosecution sought to establish.
The chamber disagreed.
“The substance of P-1100’s evidence and the reports he produced appear relevant to the background and context in this case,” it said.
The chamber also authorized the use of five related documents that P-1100 used or explained in his testimony, while rejecting four others.
It reminded the prosecution to carefully assess the evidence it submits and avoid items that are “repetitive or of such limited relevance as to be almost irrelevant.”
“The chamber signals its approach to the parties with a view to ensuring that this trial unfolds in a focused and expeditious manner and that the rights of the accused are safeguarded,” it said.
Duterte faces three counts of murder as crimes against humanity arising from killings allegedly linked to his war on drugs.
The chamber is expected to issue further rulings on evidence ahead of the Nov. 30 trial, including the prosecution’s request to add eight incidents to the case and its bid to limit the volume of evidence included in the trial brief.
