Kaufman to Roque: Do not interfere in Duterte ICC case, focus on asylum bid

Metro Manila, Philippines - Former President Rodrigo Duterte’s lead counsel publicly rebuked former presidential spokesperson Harry Roque, urging him to stop interfering in the case and instead face his personal legal issues.

In an interview published online, Nicholas Kaufman accused Roque of proposing a reckless legal maneuver that could have derailed efforts to secure Duterte’s interim release. He cautioned that Roque’s actions may have done more harm than good.

“Harry Roque would be best advised to channel the energy he has expended on meddling into defending his appeal against the denial of his supposed refugee status - a status which he would have been happy to jettison if someone would be prepared to employ him,” Kaufman said.

“Neither the former president, nor anyone else in his immediate vicinity, is interested in Harry Roque as a lawyer,” he said.

Kaufman said Roque had approached a Dutch lawyer to sue the Dutch government over Duterte’s arrest and detention - an approach Kaufman called a “crazy scheme” that risked jeopardizing cooperation with the host authority, which is critical to Duterte’s possible release.

“The release of the former president would require the cooperation of the Dutch government — something unlikely to be forthcoming if they are being sued by the person concerned,” he warned.

He added that the lawyer allegedly approached by Roque severed contact after learning of Roque’s legal status.

Options, not interference

In response, Roque issued a statement on July 30 that denied interference in the case.

“There is no truth that I have interfered in the case or I have given statements that might affect the Defense legal strategy in the ICC,” Roque said.

He said the remedy he suggested, a domestic legal route outside the ICC, was only offered out of frustration over Duterte’s continued detention, and was raised with the approval of the vice president.

“I thus offered an additional legal remedy… subject to the approval of the former president and his family,” Roque said. “No such idea can be characterized as a crazy scheme.”

“I call on Atty. Nicholas Kaufman to put an end to this blame game and simply channel his time and energy to bring the former President home alive,” he said.

Roque personal attacks have no place in the legal profession and said his goal remains to see Duterte safely return to the Philippines.

On the other hand, Kaufman said Roque’s actions were politically motivated, accusing him of using the case to portray himself as indispensable while undermining the legal team.

“From day one, Harry Roque has portrayed himself as the only person capable of defending the former president, motivating the public against me and my team,” Kaufman said.

The ICC counsel made it clear that the defense team remained focused, and that the former president is fully aware and in control of his legal strategy.

“These delays are not attributable to the defense,” Kaufman explained. “All that counts is that the former president is fully informed and consents to his team’s activity on his behalf.”

He dismissed allegations that the former president had been neglected in detention.

“We visit the former president on a daily basis… You see us coming out of the prison regularly and you are our best witness to the fact that these statements and rumors are malicious lies,” he said.

Kaufman said the defense will not present witnesses or invoke an alibi during the confirmation of charges hearing, saying it would be premature to reveal their case while the prosecution witness list remains limited.

He said the prosecution is advancing a “bizarre, highly convoluted and speculative theory” that Duterte indirectly co-perpetrated crimes through subordinates.