Kaufman: ICC prosecution’s star witnesses vs. Duterte are ‘self-confessed murderers’

Former President Rodrigo Duterte’s defense counsel on Thursday slammed the International Criminal Court (ICC) Prosecution’s star witnesses as “self-confessed murderers” who were handed to them on a silver platter.

In his final submissions on the merits, Nicholas Kaufman said the prosecution relies on the evidence it obtained from “the criminals it has recruited,” whom he deemed unreliable for being “self-confessed vicious murderers.”

“The Prosecution’s star witnesses are self-confessed murderers and most of their statements were taken by the Prosecution’s investigators with the assurance of limited use, namely that anything self-incriminating would not be used against them in proceedings at the ICC,” he said.

Duterte’s lead counsel said the witnesses are testifying in return for immunity.

“I do not think that I would be alone either in believing that there is something morally repugnant or even questionable, from a public policy standpoint, to shield not only one but a number of murderers from prosecution at the ICC just in an attempt to nail Rodrigo Duterte,” Kaufman said.

READ: DAY IN COURT: ICC Hearings on the Charges vs. Duterte

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 later as President.

According to Kaufman, most courts require “suitable corroboration” before relying on the sole testimony of a cooperating criminal witness.

“I’m pretty sure that these considerations were never considered by the Prosecution for one very simple reason. At least two of the most prominent accomplice witnesses were offered up to the prosecution on a silver platter,” he said.

Kaufman said he could not disclose the individual’s identity in open session.

Methods

Kaufman also questioned the prosecution’s methods, saying it targeted the former President. 

“In my submission, no real attempt was made to perform this duty of examining exonerating circumstances, or even to establish the existence of other actors who might be responsible for the high instance of deaths in the context of the war on drugs,” he said.

He noted that most prosecutors would collate the evidence and then decide whether to prosecute it.

Kaufman said a prosecutor is not meant to choose his target in advance.

He also urged the ICC Pre-Trial Chamber I to order the prosecution to resubmit its Document Containing the Charges (DCC) as well as its pre-confirmation brief should it confirm the charges against Duterte.

Kaufman also appealed to the chamber to grant the interim release of the 80-year-old Duterte.

Meanwhile, before the court adjourned, the ICC prosecution requested a private session.

Kaufman 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 maintained that the prosecution’s evidence against Duterte was “wholly insufficient.”

In previous hearings of the ICC chamber, the ICC prosecutors named Duterte’s co-perpetrators in his anti-narcotics campaign and their alleged roles in the “common plan” to neutralize alleged criminals through the war on illegal drugs.

The prosecution also read the charges against Duterte as outlined in the DCC that was previously publicized by the ICC.

On Tuesday, the ICC prosecution also cited the killings of then Albuera, Leyte Mayor Rolando Espinosa, Ozamiz City Mayor Reynaldo Parojinog, and 17-year-old Kian Delos Santos.

They also presented Duterte’s so-called “narco-list” of suspected drug personalities and excerpts of Duterte’s speeches in which he promised to back up and promote state forces if they kill criminals.

Meanwhile, the final hearing will be held on February 27, Friday. 

The defense, prosecution, and the representatives of the victims will make their closing statements. The ICC will also review the detention of Duterte. — JMA, GMA Integrated News