Defense wants 2 witnesses to testify in person vs Duterte

In a 12-page filing dated Oct. 26, defense lawyer Peter Haynes said the defense finds it necessary for witnesses P-1416 and P-1393 to testify in person instead of their prior recorded testimonies being admitted under Rule 68(2)(b).

AFP / Pool / Piroschka Van De Wouw

MANILA, Philippines — The defense team of former president Rodrigo Duterte has opposed the admission of prior recorded testimony of two witnesses that the prosecution wants to introduce in the crimes against humanity case at the International Criminal Court (ICC).

In a 12-page filing dated Oct. 26, defense lawyer Peter Haynes said the defense finds it necessary for witnesses P-1416 and P-1393 to testify in person instead of their prior recorded testimonies being admitted under Rule 68(2)(b).

The rule allows the admission of a prior recorded testimony of a witness, who will no longer be required to appear during trial.

According to Haynes, the defense must be allowed to cross-examine both witnesses as their testimonies cover Duterte’s acts and conduct in relation to the alleged crimes.

Based on the prosecution’s earlier filing, the prior recorded testimony of P-1416 covers specific incidents related to some drug war killings.

His testimony is supposedly “relevant to the policy to ‘neutralize’ through violent crimes, including murder, alleged criminals in the Philippines,” the prosecution said.

Witness P-1393, meanwhile, was present during a police operation in San Jose Del Monte, Bulacan, where one alleged drug user was killed.

“lthough P-1393 did not witness the killing (redacted), he heard gunshots and was told by his neighbors, who were afraid to testify about what they saw, that the police officers who killed (redacted) first spoke to him and (redacted) to the barangay,” the prosecution filing read.

The prosecution argued that the prior recorded testimonies of the two witnesses may be accepted under Rule 68(2)(b) as these are “cumulative to, and corroborative of, evidence to be provided” by other witnesses who will testify in person.

But the defense argued that the testimonies relate to issues that are “materially in dispute” and that the witnesses should be presented in person to allow the defense to cross-examine them.

Duterte’s crimes against humanity trial is set to begin on Nov. 30.