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The defense team of former President Rodrigo Duterte has submitted its proposals for the conduct of the status conference on May 27 and the succeeding proceedings.
In a 14-page document dated May 15, the defence submitted its observations and proposals to Trial Chamber III “with a view to facilitating the fair and expeditious conduct of the Status Conference and of the proceedings.”
The former president’s legal team noted that the commencement of the trial is “contingent upon a determination of Mr Duterte’s fitness.” The defence cited that its expert neurologist diagnosed Duterte with something that affects his multiple domains, including his memory and complex reasoning.
“That diagnosis was not excluded by the Court-appointed neurologist, who likewise did not dispute the progressive nature of Mr Duterte’s condition. The Defence expert further concluded that Mr Duterte’s condition was unlikely to improve, even with medical or psychiatric treatment,” the document read.
“Any significant impairment affecting memory, concentration, or reasoning would seriously prejudice the preparation and presentation of the Defence and undermine Mr Duterte’s ability to participate meaningfully in the proceedings,” the defence team added.
Hence, the defence team requested that Duterte be examined by independent experts for the trial phase.
“Finally, should Mr Duterte ultimately be found fit to stand trial, the Defence requests that the Trial Chamber invite submissions and, if necessary, convene a further status conference as to whether his continuous physical presence at trial hearings would be required,” they said.
The defence team also requested that the witness testimony be interpreted into both English and Cebuano to help Duterte follow the proceedings.
“While the Defence is not currently in a position to provide detailed information concerning potential Defence witnesses, it is anticipated that any such witnesses would, in all likelihood, testify in English, Cebuano, Tagalog or a mixture of the three,” the document read.
Duterte’s defence also requested the Trial Chamber to set a deadline for the receipt of applications to participate on September 30, 2026.
“Otherwise, the Defence recalls that victim application forms are administrative in nature and do not constitute prior statements, testimony, transcripts, or other documented evidence of [such] testimony’. Should the CLRVs intend to rely on such material during trial proceedings, the Defence respectfully submits that unredacted versions thereof should be disclosed to the parties,” the document read.
The defence team also proposed the adoption of an admissibility-based regime for the reception of evidence in the present proceedings.
“The admissibility-based regime avoids overburdening the record with material of questionable relevance or limited probative value, while providing greater clarity regarding the evidentiary basis upon which the Chamber may rely at trial and in its judgment,” it said.
Peter Haynes was earlier appointed as Duterte’s new counsel before the ICC, replacing Nicholas Kaufman.
The ICC earlier proposed to begin the trial on November 30, adding that it expects to complete all of the necessary pre-trial steps by September 30. —LDF, GMA News