Duterte's defense team decries 'terrible mess' in ICC evidence disclosure

The defense team of former President Rodrigo Duterte on Wednesday slammed the prosecution's evidence disclosure in his crimes against humanity case before the International Criminal Court (ICC), describing it as a "terrible mess." During the third status conference before the ICC Trial Chamber III, Duterte's counsel, Peter Haynes, stated that approximately 62,000 exhibits have been "dumped" in the Registry by the prosecution. Haynes elaborated that this disclosure package amounts to 324,000 pages of evidence and over 1,000 video and audio files, running to many thousands of hours. He argued that the evidence has been in the prosecution's possession since November 2021, yet the defense only became aware of the large tranche of evidence six weeks before the disclosure deadline. The defense team explored the possibility of acquiring an AI tool to review the documents, but estimated the cost to be nearly €500,000, deeming it unfeasible. Haynes emphasized that it is not their responsibility to inspect the material, asserting that the prosecution should have triaged and disclosed the evidence after reviewing it. He also highlighted that some documents were disclosed page by page, and while a "meta data update" offers a partial solution, it does not consolidate the documents, leaving around 400 separate exhibits. Prosecutor and Senior Trial Lawyer Julian Nicholls, however, countered that Haynes's statements were "not entirely accurate" and "really exaggerated, in [his] view." While acknowledging potential duplicates, he disputed the overall picture presented by the defense. Presiding Judge Joanna Korner remarked that the example presented by Haynes did not "inspire them with much confidence." Earlier, Nicholls also noted a complete lack of agreement on agreed facts between the prosecution and the defense. He stated that basic facts, such as Duterte's tenure as mayor of Davao and his service as president, still need to be proven. Judge Korner directed the prosecution to produce a list of key items of evidence and ordered the defense to submit its complaints or suggestions in writing within seven days. The prosecution was also given seven days to provide its reply. She advised both parties to engage in discussions. Duterte, who faces charges over alleged killings during his presidency and his time as Davao City mayor, attended his status conference for the first time. He was seen listening intently behind his defense team. ---