Rodrigo Duterte's defense denounces prosecution's request to access items during his arrest

The defense team of former president Rodrigo Duterte slammed the International Criminal Court (ICC) prosecution's recent request to examine some items acquired during his arrest, calling the move a “fishing expedition.”

Peter Haynes, Duterte’s counsel, requested the ICC Trial Chamber III to reject several investigative requests from the prosecution, through two separate public redacted responses dated June 26.

'Made too late'

In its filing entitled "Response to Prosecution’s request for materials in the custody of the Registry," the defense said the prosecution’s request to inspect some of the items “is made too late.”

“Such requests are usually made within days of the arrival of the suspect in custody, or at the earliest opportunity. The Prosecution had notice of the [REDACTED] in the Registry’s possession on 14 March 2025. Ordinarily, it would be obliged to investigate such allegedly highly relevant material by the time of the confirmation hearing. In fact, it did not even seek to take possession of the items until after the confirmation proceedings,” the defense argued.

Further, the defense argued that the prosecution’s request to provide an inventory of the obtained items is “unnecessary,” saying there is no basis as to the speculation of the prosecution that the Registry failed to include the categories of some materials in the inventory.

“Indeed it seems highly unlikely that the Registry would trouble to list [REDACTED]. Doubtless, in its observations on the Prosecution’s Request, the Registry will resolve this conundrum,” it said.

Finally, the defense said the prosecution’s request to order that the Registry freeze any money within the obtained items is “otiose” or futile, saying that it “will have no practical impact upon the existing state of affairs.”

'Fishing expedition'

Meanwhile in "Response to Prosecution’s Second Request for Materials in the Custody of the Registry,” the defense addressed the prosecution’s requested access to certain materials, as well as “all keys in the Registry’s custody” last June 9, 2026.

It argued that while it does not oppose access to the certain materials identified by the prosecution, “However, the Prosecution request for access to 'all keys' in the Registry’s custody is insufficiently reasoned, is neither necessary nor proportionate, and should be rejected.”

The defense requested that “should the Prosecution’s [REDACTED] produce information that is personal to Mr Duterte or his family and which is not relevant to the investigation, the Prosecution take appropriate measures to limit access thereof to the minimum number of persons.”

Additionally, such information should also be destroyed or permanently deleted at the earliest possible opportunity, the defense added.

Meanwhile, the defense stressed that the prosecution’s request to access “all keys in the Registry’s custody” is insufficiently substantiated and should be rejected.

“The request is, in substance, a fishing expedition. The Prosecution advances no evidential basis connecting the keys either to the commission or furtherance of the alleged crimes or to any assets that may be relevant to the investigation," it said.

Further, the defense said that the prosecution acknowledges it does not know to what the keys provide access, where certain items can be ascertained only after examination of the keys themselves.

“The basis of such a request must exist before the investigation is undertaken, not emerge as a result thereof. The Prosecution cannot be permitted to examine the keys in order to articulate, post facto, the evidential foundation required to justify that examination in the first place,” it added.

The defense further requested that Trial Chamber III order any additional requests for prosecution access to materials in the Registry’s custody to be submitted on or before June 30, 2026.

In May, Nicholas Kaufman withdrew as Duterte’s counsel, indicating that the 81-year-old expressed a desire to release him from his representation and hire another counsel to replace him.

Lawyer Peter Haynes replaced him.

Duterte is facing charges for crimes against humanity over alleged killings during his time as president and Davao City mayor. He is set to face trial on November 30, 2026. —GMA News