Duterte defense asks ICC to drop two witnesses, calls their accounts hearsay

MANILA, Philippines — Lawyers for former president Rodrigo Duterte have asked the International Criminal Court to remove two prosecution witnesses from his case, arguing that what they claim to know about his drug war comes mostly from rumor and hearsay.

In a filing dated November 9 and released in redacted form, lead defense counsel Peter Haynes said the witnesses, identified only as P-1334 and P-1348, were absent for nearly the entire period covered by the two counts under Duterte’s presidency. 

As a result, the defense said, they could have “almost no direct knowledge” of how decisions were made or how operations were carried out.

The filing responds to an October 21 prosecution request to admit the witnesses’ earlier recorded statements without calling them to testify. 

Prosecutors are arguing the two witnesses' statements will help prove the broader elements of crimes against humanity, particularly Duterte's alleged policy of “neutralizing” criminals.

Prosecutors are relying on Rule 68(2)(b) of the court’s rules, which lets judges admit prior recorded testimony from absent witnesses.

According to the defense's November 9 filing, P-1334 confirmed she had no personal knowledge of how Duterte allegedly passed instructions through former national police chief Bato dela Rosa.  

"She never saw Dela Rosa do anything of the sort, and recognized that her account is based on stories she had heard," the filing read. 

The defense also argues that "the little she claims to know about Incident 13 comes entirely from newspapers or 'people talking,'" the redacted filing read.

If the court decides to keep the two witnesses, the defense said it would not cross-examine them and would leave their admission to the judges’ discretion. 

It asked, however, that the chamber disregard passages on Duterte’s own conduct, including allegations that specific orders to kill were issued and claims attributing certain funds to him.

Government figures put the number of people killed in police anti-drug operations under Duterte at more than 6,000, while human rights groups estimate the toll is several times higher. Duterte has consistently defended the campaign. 

Duterte's trial opens November 30.