The legal defense team of former President Rodrigo Duterte is pushing back against the prosecution’s attempt to introduce two external studies alongside the expert report of witness P-1400 at the International Criminal Court (ICC).
In a publicly redacted filing released on November 6, defense counsel Peter Haynes argued that the materials should not be treated as an “integral part” of the witness’s evidence, calling the move an “improper attempt” by the Office of the Prosecutor (OTP).
The prosecution previously informed Trial Chamber III on October 23 that P-1400 had submitted an Expert Report on undisclosed subjects, while also seeking the admission of 15 related items under Rule 68(3).
While the defense has no objection to admitting P-1400’s primary report without full live testimony, Haynes noted that the document contains footnotes citing sources the prosecution now tries to introduce independently.
He asserted that the expert “has not meaningfully used or explained” the two studies, adding that they are redundant and provide negligible relevance.
“Their introduction would be redundant, and would burden the Chamber with evidence of negligible relevance, contrary to its express directions,” Haynes said in the filing.
Haynes further argued that the prosecution is indirectly smuggling in materials prepared by non-witness professionals.
“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 stated.
During the final status conference on November 2, Haynes informed Presiding Judge Joanna Korner that the defense would need a couple of hours for cross-examination and suggested merit in hearing a redacted testimony concurrently with a defense expert.
The defense has urged Trial Chamber III to reject the OTP’s application regarding the disputed studies or factor the objection into a pending ruling.