LAWYER Nicholas Kaufman cited what he described as “big erroneous” errors of law and fact in challenging the court’s ruling to deny the interim release of former President Rodrigo Duterte
In a recent interview with Alvin & Tourism, Kaufman confirmed that the defense team has identified several alleged legal and factual errors in the initial ruling regarding Duterte’s temporary release.
“The decision is big erroneous—in using legal-ese, that is a term that we had to use if we begin to make an appeal, because appeals are decided on the basis of the errors of law and errors of fact,” Kaufman explained.
“We filed a brief in which we give our reasons for these alleged errors,” he said, adding that he could not detail the specific errors as the document was filed confidentially.
Focus on conditions of release
When pressed on whether the court chamber failed to consider key evidence, Kaufman indicated that the stringent conditions of release offered by the defense were a central point of the appeal.
“I’ve raised a number of issues on appeal, one of which is the failure to properly consider the very stringent conditions of release which will be offered by a state party,” he stated. “We believe that the Pre-Trial Chamber should have taken these things under consideration, and we should have had a way to address them. We believe that was an error.”
Kaufman acknowledged the challenge ahead, noting, “I have to convince them now on appeal that the former president should be released.”
On public comments and timeline
Addressing public comments made regarding the case, Kaufman suggested that some statements made by the Vice President were clearly made “in jest.”
“They want to comment, but some of the statements that were made by the vice president were clearly made in jest. Let’s be real about this… It was just a joke, just like somebody else,” he commented.
Regarding the timeline for a ruling on the interim release appeal, Kaufman expressed hope for a swift decision, emphasizing the fundamental nature of the issue.
“Interim release is a fundamental right, and it should be decided speedily, expeditiously,” he said. “I anticipate that once the Pre-Trial Chamber has received all submissions, the prosecution will have to respond to the appeal, and also the victims will be given the opportunity to respond to the appeal—I anticipate that the decision should be rendered within a month.”
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