Duterte camp seeks to block ICC 'Davao Death Squad' evidence

Duterte camp seeks to block ICC 'Davao Death Squad' evidence | Daily Tribune

This spans his tenure as mayor of Davao and as president. It also covered the summary killings purportedly committed by the DDS, which was founded and headed by Duterte, as alleged by ICC prosecutors.

In a heavily redacted filing dated 22 September, defense lead counsel Peter Haynes contended that the proposed recorded video is “not sufficiently relevant or probative” on the case, contrary to the prosecution’s claims that it could help establish the alleged policy to “neutralize” suspected criminals and drug dealers through violent crimes, including murder.

Haynes argued that the prosecution cannot call him an “expert witness” because he has “no direct knowledge” of the allegations relevant to the charges against Duterte.

“P-1100’s only connection to the charged period consists of his [REDACTED]. As a fact witness, the value of P-1100’s account must derive from what he knows and how he knows it, rather than from [REDACTED],” the filing reads.

“He is not permitted to give opinion evidence. Insofar as the prosecution relies on his assessments to establish matters beyond that knowledge, it seeks to introduce expert opinion without the requisite qualification or evidentiary foundation,” it added.

In a filing earlier this month, the prosecution told the court the unnamed witness recorded testimony will provide evidence of the DDS modus operandi, and Duterte’s criminal responsibility, including in relation to “his knowledge and intent.”

Haynes, however, accused the prosecution of introducing the recorded video “without even basic indicia of authenticity,” making the material inadmissible through Rule 68(3).

The prosecution had suggested that there are no grounds preventing them from admitting the previously recorded testimony of their unnamed witness as evidence, citing the same provision that allows such, provided, among others, that he is present in court subject to cross-examination by the defense and even the judges.

But Haynes said that while the provision only prescribes an alternative mode for presentation of evidence, it does not automatically make them admissible.

“Although facts predating the charges may, in principle, be relevant for a properly identified and limited purpose, P-1100’s account of earlier circumstances cannot, by virtue of [REDACTED] alone, establish how those circumstances subsequently developed or support conclusions about conduct beyond his own observation,” he stressed.

Furthermore, Haynes claimed that admitting the recorded video would require lengthy cross-examination, although the prosecution said it would expedite the proceedings by reducing the examination of the said witness from seven hours to two hours.

ICC prosecutor emphasized that this procedure is favorable to Duterte, given his advanced age.

“Evidence of little or no probative value may, accordingly, be excluded. In some cases, Trial Chambers have declined to hear proposed witnesses on the grounds that the proffered evidence lacked sufficient relevance to the matters in dispute, or is repetitive of other evidence,” the defense said. “P-1100’s proposed evidence does not meet the requirements of Article 69(4), and the Prosecution should be directed to limit its case to witnesses whose testimony is probative of the case as charged.”

ICC records showed that Duterte and his co-perpetrators executed a “common plan,” which allegedly involved systematic killings, torture, and other crimes to “neutralize” suspected drug offenders.

The scheme was allegedly developed during Duterte’s tenure as mayor of Davao and later adopted nationwide when he won the presidency in 2016.

ICC prosecutors have alleged the extrajudicial killings were first carried out by the DDS—a notorious group formerly comprised of Davao-based police and hired gunmen responsible for the killings in the city—with Duterte as the “top head.”

During the confirmation of charges in late February, ICC prosecutor Julian Nicholls cited testimonies from a supposed ex-member of the DDS, who alleged that they received cash rewards from Duterte for killing drug suspects.

Meanwhile, DDS members who were not police received their rewards in the form of salaries, allegedly appointed as “ghost employees” at Davao City Hall.

Aside from cash gifts, ICC prosecutors also accused the former president of equipping DDS with weapons, ammunition, and logistical support to facilitate the commission of the crime.

In a Senate hearing in October 2024, Duterte admitted that he had a “death squad” comprised of “gangsters” who killed criminals during his decade-long stint as Davao City mayor.