The prosecution has asked the International Criminal Court to allow it to submit a prior recorded testimony of an unnamed witness who allegedly has knowledge of the “neutralization” policy and the Davao Death Squad in the case against former president Rodrigo Duterte.
In its eight-page filing, the prosecution asked Trial Chamber III to admit the written statement of a witness identified only as P-1100 under Rule 68(3) of the Rome Statute, which allows the use of previously recorded witness testimony in certain circumstances.
“Granting the request will enhance the expeditiousness of the proceedings by reducing the length of the witness’s direct examination from seven hours to two hours, thus saving at least five hours of court time,” the document signed by acting Prosecutor Mame Mandiaye Niang read.
The prosecution assured that the witness would still appear at the trial for examination by the prosecution, defense, judges, and the common legal representatives of victims.
The recorded testimony consists of one written statement and related materials that the witness used or explained in his statement, according to the filing.
The prosecution said the testimony is relevant to establishing an alleged policy of “neutralizing” suspected criminals through violent crimes, including murder.
“P-1100’s prior recorded testimony goes to proof of a policy to ‘neutralize’ through violent crimes, including murder, alleged criminals in the Philippines,” the prosecution said.
“It also provides evidence of the DDS’s modus operandi, as well as the accused’s individual criminal responsibility, including in relation to his knowledge and intent,” it added.
The prosecution argued that admitting the prior recorded testimony into evidence would not infringe Duterte’s rights, saying the defense would have sufficient time to prepare for cross-examination before the witness appears at the trial.
Duterte’s trial is set to begin on Nov. 30 on three counts of murder as crimes against humanity arising from thousands of killings linked to his anti-drug campaign during his tenure as Davao City mayor and later as president.
