Rody camp challenges ICC ‘expert report’

Former President Rodrigo Duterte’s camp has opposed the International Criminal Court (ICC) prosecution’s bid to introduce an “expert report” prepared by one of its staff members, who will also testify as one of the panel’s many witnesses in his trial on 30 November.

In a heavily redacted filing released only on 6 November, defense lead counsel Peter Haynes argued that the report includes supporting documents and findings independently prepared by third parties that the prosecution staff member-turned-witness had not comprehensively examined.

ICC records refer to the witness only as P-1400 to preserve confidentiality 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 explained.

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

The British barrister accused the prosecution of using the report without the court’s permission, which he said was mandatory.