Ex-Pres. Duterte lawyer wants another doctor out of fitness panel

The camp of former President Rodrigo Duterte has asked the International Criminal Court (ICC) Pre-Trial Chamber I to disqualify another doctor from checking whether the former state leader is fit for trial. 

In September, Duterte’s legal team sought the disqualification of an “expert” female neuropsychologist on a panel intended to assess Duterte. The chamber replaced her with a male doctor, whose identity remained undisclosed.

However, in an 18-page submission dated November 7 signed by lawyer Nicholas Kaufman, the defense asked the chamber to disqualify the replacement doctor, noting his alleged lack of experience and his alleged posts on social media.

The defense provided undisclosed examples of his “sickening and offensive” reposted tweets and replies to tweets that supposedly demonstrate his “manifest lack of professionalism.”

“One can also surmise from the content and target of his posts that this ‘expert’, for more reasons than stated in this filing, would be incapable of providing truly independent and impartial expertise, free from political or other bias, as would be expected of any expert appointed to assist this Court,” it said.

The defense asked the Pre-Trial Chamber to immediately revoke the mandate given to the doctor without him being given access to Duterte’s private medical information and order the Register to refrain from admitting him in the list of ICC experts.

They also reiterated their request to the chamber to adjourn the proceedings.

In a five-page filing, the ICC Office of the Prosecutor supported the call of Duterte’s team to revoke the doctor’s appointment to the panel.

It said that if the social media activity is attributable to the doctor “it would render him entirely unsuitable as an expert in this (or any other) case.”

“Accordingly, subject to the Registry’s verification that this social media activity is attributable to him, the Prosecution requests the revocation of the appointment of [REDACTED] to the Panel,” it said.

The prosecution also called on the ICC Registry to conduct a more rigorous vetting process of other shortlisted experts.

Meanwhile, in another five-page filing dated November 10 before the ICC’s Pre-Trial Chamber I, Paolina Massida, principal counsel for the drug war victims, said their preferred medical experts have the relevant credentials and expertise to be appointed to the panel of experts that will conduct the medical examination of the 80-year-old former President.

In a separate seven-page filing also dated November 10, the Office of Public Counsel for Victims deferred to the discretion of the chamber to resolve the matter.

The ICC Prosecutor has charged Duterte with 49 incidents of murder and attempted murder during his time as mayor of Davao City and as President of the Philippines, "although the actual scale of victimization during the charged period was significantly greater."

Duterte is currently detained at the Hague Penitentiary Institution.—AOL, GMA Integrated News