ICC prosecutors want to admit 3 pre-recorded testimonies on Duterte's 'narco-list' - GMA Network

PRAGUE, Czech Republic – To expedite the proceedings in Rodrigo Duterte’s case before the International Criminal Court (ICC), the Office of the Prosecutor seeks to admit three pre-recorded witness testimonies regarding the former President’s “narco list.”

In a redacted request for application filed on November 2, Acting Prosecutor Mame Mandiaye Niang requested Trial Chamber III to admit the prior recorded testimonies of witnesses P-1097, P-1170, and P-1318, which are “relevant” proof of Duterte’s “individual criminal liability”, particularly in identifying “high-value targets” on various drug watch lists.

The prosecution added that these statements also establish the Philippine National Police’s (PNP) role in Duterte’s drug war.

Niang stated that the prior recorded testimonies are introduced via the ICC’s Rule of Procedure and Evidence Rule 68(3), which may allow admission of such statements in proceedings while the witness appears in court and does not object.

Although heavily redacted, the three witnesses’ statements, as the prosecution noted, establish the targeting of individuals by PNP officers during Duterte’s drug war, as well as “the shift in [REDACTED] after Mr Duterte became President.”

P-1097’s prior recorded testimony explains the “tokhang” killings and that “warning placards were placed on some victims.”

The prosecution noted that P-1170’s testimony demonstrates Duterte’s public accusation of redacted individuals as being involved with illegal drugs, who were later included on the “PRRD list.”

The pre-recorded testimony of P-1318 is heavily redacted, but the prosecution said it describes the Operation Double Barrel and the tokhang killings, including “some police killings [that] were staged through nanlaban narratives, evidence planting, and cover-ups.”

The prosecution noted that it would conduct a “limited and focused supplementary examination” of the witnesses – all referred to in the filing with male pronouns – should their prior recorded testimonies be introduced as evidence.

It also seeks to use associated materials for P-1097, P-1170, and P-1318 as evidence “necessary to fully comprehend” their accounts.

The filing noted that the three witnesses’ statements “are internally consistent, mutually corroborative, and accompanied by supporting documents in relation to certain aspects,” and that they corroborate the evidence to be provided by other viva voce witnesses.

Meanwhile, Duterte’s defense counsel, Peter Haynes, is asking Trial Chamber III to reject the prosecution’s application to admit witness P-1357’s prior recorded testimony under Rule 68(2), which would allow the statement in court without the witness’s appearance.

In a redacted response filing on the same day, Haynes claims P-1357 “exemplifies the very type of individual whom the Chamber urged the Prosecution to remove from its list.”

“Her testimony is entirely peripheral, as it does not address the substance of [REDACTED] research, the allegations made, or the findings reached. The witness is not even familiar with the events occurring after [REDACTED], having ceased working on the subject following [REDACTED],” Haynes stated.

It may be recalled that the prosecution asked Trial Chamber III on October 19 to admit the prior recorded testimony of P-1357, P-0024, and P-1359 as Rule 68(2)(b) evidence that relates to the alleged systematic policy of “neutralizing” alleged criminals across the Philippines through murder.

The prior recorded testimony of P-1357, referred to in female pronouns, contains details of the existence and operations of the Davao Death Squad and “notes that the words and actions of Mr Duterte indicated his support for killings of criminal suspects.”

But Haynes objected to admitting P-1357’s statement, saying it “adds nothing of substance to the evidence in this case.”

Haynes said the defense has “no wish” to cross-examine P-1357, “given the marginal relevance of her testimony.”

The defense said it won’t cross-examine P-0024 because of “having already extensively addressed its concerns regarding the introduction of the [REDACTED] dataset into the evidentiary record of these proceedings.”

P-0024’s heavily redacted statement mentions a “legal process,” and “records [that] may have been incomplete or selectively disclosed.” It remains unclear which information P-0024’s statement refers to.

At the final status conference, senior trial lawyer Julian Nicholls and trial lawyer Edward Jeremy told Trial Chamber III Presiding Judge Joanna Korner that the Office of the Prosecution would submit eight additional applications to admit Rule 68(3) witnesses.

Korner also asked the prosecution and the defense for suggestions on in-court protective measures regarding Rule 68(3) witnesses, citing “various ramifications” and the need for “certainty about the deadlines.”

Earlier, Nichols said that by submitting prior recorded witness statements, they hope to “cut down in half” the six hours allocated to present their opening statements.

The ICC’s trial of Duterte for crimes against humanity is set for November 30. —VAL, GMA News