Panelo claims defense ‘shattered’ prosecution case in ICC hearing vs Duterte

THE HAGUE, Netherlands — Former presidential spokesperson and legal counsel Salvador Panelo III claimed that the defense had “shattered to pieces” the prosecution’s case against former President Rodrigo Duterte during the third day of confirmation of charges hearing before the International Criminal Court (ICC).

Speaking to reporters after the hearing, Panelo said both testimonial and documentary evidence presented by prosecutors failed to establish Duterte’s liability for alleged crimes against humanity linked to the war on drugs.

“The prosecution theory has been shattered to pieces,” Panelo said.

“Because the very testimonial evidence and documentary evidence presented by the prosecution have been thoroughly rebutted.”

Panelo claimed that testimonies cited by the prosecution were riddled with inconsistencies.

“Puro batay or based on hearsay, double hearsay, spekulasyon, surmises,” he said, alleging contradictions not only among witnesses but even within individual testimonies.

Circular ‘backfired’ on prosecution

Panelo also took aim at documentary evidence presented to show alleged murderous intent and coordination between Duterte and the Philippine National Police.

According to Panelo, a police circular cited by prosecutors to prove a “command to kill” actually weakened their case.

“Yung dokumentong circular na sinasabi nilang yun ang command to kill, ay lumalabas, the very document itself shows na nakalagay doon, if you have to arrest, ‘you have to do it in accordance with law’,” Panelo said.

“Kaya sumabog sa mukha nila lahat.”

He dismissed the prosecutors’ assessment of their own presentation, saying, “They are entitled to their imagined satisfaction of their presentation. In short, bagsak sila.”

“If the resolution of the International Criminal Court will be based on evidence, dismissed ang kaso,” Panelo added.

International Criminal Court (ICC) Prosecutor Mame Mandiaye Niang on Monday said that former President Rodrigo Duterte played a pivotal role in the commission of the crimes with which he has been charged in connection with the killings in his war on drugs.

“His contribution was essential as he was at the very heart of the common plan to neutralize alleged criminals in the Philippines, including through murders,” Niang said during his opening statement during Duterte’s confirmation of charges hearing.

Duterte was not present for the hearing.

The ICC Office of the Prosecutor has charged Duterte with 3 counts of crimes against humanity (murder and attempted murder) while implementing his anti-narcotics campaign.

Jurisdiction issue still unresolved

Panelo reiterated the defense’s long-standing argument that the ICC has no jurisdiction over the case, citing the principle of complementarity under the Rome Statute.

“This court has assumed jurisdiction when there is none, in violation of the Rome Statute on the principle of complementarity,” he said.

‘Hope for the best, expect the worst’

Panelo admitted the defense harbors concerns over how the court will rule, despite its confidence in the merits of the case.

“We are hoping for the best and expecting the worst,” he said.

He said that, based purely on evidence, the case should be dismissed.

“You can win a case on the basis of your testimonial and documentary evidence. Pag nasira ka doon, kalimutan mo na yung kaso mo,” Panelo said.

“Tanggapin mo na yung pagkatalo mo.”

Kaufman ‘thorough’ in defense presentation

Panelo also praised defense counsel Nicholas Kaufman, saying he did extensive research and preparation.

“He made a thorough research, he read all the speeches, he went over all the documents,” Panelo said, adding that Kaufman was able to counter the prosecution’s allegations point by point.

While Panelo said he and other Duterte allies were merely observers, he suggested that their previous arguments may have influenced the defense’s strategy.

“Siguro nakatulong din kami. May napulot siya sa amin,” he said. — BAP, GMA Integrated News