Journo wants apology from ICC prosecutor over unauthorized video use in ICC hearing

A Davao-based journalist on Thursday demanded a public apology from an International Criminal Court (ICC) Prosecutor, saying he did not authorize the use of his video for the prosecution’s presentation on former President Rodrigo Duterte’s confirmation of charges hearing.

In a notarized affidavit dated February 26, Ben Tesiorna sought a public apology from ICC Prosecutor and Senior Trial Lawyer Julian Nicholls for his alleged misrepresentation and/or recklessness.

Should Nicholls fail to do so, he would seek redress against him and others involved, including filing for cyberlibel, damages, or copyright infringement. 

“I, therefore, deny any association to that tampered and/or spliced video,” he said.

“Mr. Nicholls’ showing and broadcasting worldwide of any video has tainted my reputation and put me and my family in danger, as if I cooperated with him and the ICC prosecution, which I deny as well,” he added.

GMA News Online is reaching out to Nicholls for comment and will publish it once available.

During the hearing on Monday, Nicholls showed a video of Duterte watching a shooting incident via CCTV footage. 

Nicholls did not say that the former President was reacting to the shooting in real time.

He said a video of Duterte watching the crime was posted on YouTube a few weeks after the murders.

After showing the video, Nicholls questioned why Duterte could not solve the murder. He said this was because it was “[Duterte’s] murder.”

Tesiorna said his video was a media showcase of the newly-installed CCTV system. 

“The alleged killing shown in the CCTV was not in ‘real-time,’ as there was no killing simultaneous or while CCTV footage as played back or that while we were all watching the CCTV footage,” he said.

“It was just a footage of a past killing where the CCTV is very clear, captable of capturing such a crime,” he added.

Tesiorna claimed that Nicholls “twisted the facts” and made it appear that Duterte did not react to the shooting.

Tesiorna said he sent his affidavit to lawyer Martin Delgra.

“Pinadala na ‘yang affidavit ko kina Martin Delgra sa The Hague. Sila na mag forward sa ICC,” Tesiorna told GMA News Online.  

(I sent my affidavit to Martin Delgra at The Hague. They will forward it to the ICC.)

Duterte’s confirmation of charges hearing began on February 23 and will last until February 27.

The ICC Office of the Prosecutor has charged Duterte with three counts of crimes against humanity for alleged murder and attempted murder during his time as Davao City mayor and President.

Lawyer Nicholas Kaufman, Duterte’s legal counsel, previously expressed hope that the ICC Pre-Trial Chamber I will dismiss the charges and to give back the Filipino people “their Tatay Digong.”

He also argued that the evidence against Duterte was “wholly insufficient.” — JMA, GMA Integrated News