DEFENSE lawyers for former President Rodrigo Duterte have asked the International Criminal Court (ICC) to reject or defer the prosecution’s latest application to admit expert evidence, citing procedural violations and fair-trial concerns.
In a public redacted document filed before Trial Chamber III, the defense requested the dismissal of the Prosecution’s Fourth Rule 68(3) Application concerning expert witness P-1400.
The defense argued that the prosecution failed to include the expert’s report and supporting materials in its official List of Evidence, nor did it seek court approval to add the documents past the deadline.
According to the defense team, introducing undisclosed evidence at this stage undermines its ability to properly prepare its defense.
The filing also challenged two third-party studies included in the submission, asserting that expert P-1400 failed to offer a meaningful explanation for them, alongside eight additional items deemed repetitive and unnecessary.
While the defense noted it does not object to the general use of Rule 68(3) for introducing prior recorded testimony, it maintained that the procedure cannot bypass formal evidentiary rules or compromise fair-trial guarantees.
The application remains pending before Trial Chamber III, composed of Presiding Judge Joanna Korner, Judge Keebong Paek, and Judge Nicolas Guillou.
