Digong’s lawyer urges ICC to block prosecution staff’s ‘expert report’

Former president Rodrigo Duterte’s defense team has opposed the International Criminal Court (ICC) prosecution’s bid to introduce an expert report prepared by one of its staff members, who is among the witnesses expected to testify in his trial beginning 30 November.

In a heavily redacted filing released on 6 November, defense lead counsel Peter Haynes argued that the report contains supporting documents and findings independently prepared by third parties that the prosecution staff member did not comprehensively examine.

ICC records identify the witness only as P-1400 to protect the individual's identity ahead of the trial.

“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 which—by its own admission—only ‘[REDACTED]’,” Haynes said.

“[W]hilst the defense does not generally oppose the tendering of expert reports through Rule 68(3), for the reasons set out below, it objects to the current attempt to introduce additional documents prepared by third parties containing information that P-1400 has not adequately addressed, and repetitive material that is unnecessary for an understanding of P-1400’s expert report,” he added.

Haynes also said the prosecution received the report and its supporting materials only weeks after the deadline set by Trial Chamber III for submitting its list of evidence.

He accused the prosecution of using the report without first securing the court’s permission, which he said was required.

The defense argued that admitting the report and its supporting documents would prejudice Duterte because P-1400 had not meaningfully explained the materials. Haynes said the documents were extensive and would leave the defense with insufficient time to review them.

He also objected to what he described as the prosecution’s improper attempt to submit additional redacted documents, arguing that they were unnecessary, repetitive and added little evidentiary value.

Haynes urged the chamber to defer its decision until the prosecution formally requests and obtains the court’s approval.

P-1400 is among the prosecution’s initial 78 witnesses against Duterte over his alleged role in killings linked to the drug war. Human rights groups have estimated that up to 30,000 people, mostly from poor communities, were killed during the campaign.

Acting Prosecutor Mame Mandiaye Niang recently asked the chamber to adopt protective measures for its 55 witnesses, including P-1400. These include identity protection and face and voice distortion to allow witnesses to testify without fear of threats or retaliation.

Niang said the measures were necessary to protect their safety and privacy, particularly as some witnesses may implicate Senator Ronald “Bato” dela Rosa, who remains at large.

The ICC has identified Dela Rosa as an alleged co-perpetrator in the case, citing his role as Philippine National Police chief during the anti-drug operations.

During a Senate hearing in October 2024, Duterte also identified Dela Rosa as a former member of the Davao Death Squad, a group allegedly organized to kill suspected criminals in Davao City and headed by the former president, according to ICC prosecutors.

Despite an ultimatum and a reported P50-million bounty for his arrest, Dela Rosa has yet to surrender to authorities.

Aside from prosecution staff members, the witness list includes individuals allegedly privy to or involved in police operations linked to killings during Duterte’s presidency and his time as mayor of Davao City.ayoral periods in Davao City.