THE LEGAL defense team for former President Rodrigo Duterte has formally asked Trial Chamber III of the International Criminal Court (ICC) to reject the prosecution’s bid to admit the previously recorded testimony of Witness P-1100.
In a public redacted version of their response dated Sept. 22, 2026, lead counsel Mr. Peter Haynes, KC, argued that Witness P-1100 lacks direct knowledge of the allegations covering the charged period from November 1, 2011, to March 16, 2019.
According to the defense, the witness cannot personally establish the alleged Davao Death Squad (DDS) structure, its modus operandi, or former President Duterte’s knowledge and intent.
The filing contends that although the prosecution presents P-1100 as a fact witness, the testimony effectively functions as an expert opinion on matters exceeding personal observation.
Furthermore, the defense challenged four associated evidentiary materials (bearing numbers PHL-OTP-00001799, PHL-OTP-00001796, PHL-OTP-00001794, and PHL-OTP-00001795), asserting they were neither properly authenticated nor adequately explained by the witness to form an integral part of the record.
The defense stressed that Rule 68(3) of the ICC rules cannot be utilized as a procedural shortcut to bypass establishing evidence’s direct relevance, reliability, and probative value.
Consequently, the chamber has been urged to dismiss the application entirely, or at minimum, exclude the four contested materials.
