The Hague, Netherlands – A lawyer for former President Rodrigo Duterte said defense counsel Nicholas Kaufman “shattered to pieces” the prosecution’s evidence at the International Criminal Court (ICC), arguing that the case should be dismissed if judges base their ruling strictly on the record.
Former presidential chief legal counsel Salvador Panelo made the remarks after observing the confirmation of charges at the ICC, where prosecutors are seeking to move forward with crimes against humanity charges linked to Duterte’s anti-drug campaign.
“The prosecution theory has been shattered to pieces,” Panelo told reporters.
“If the resolution of the International Criminal Court will be based on evidence, dismiss ang kaso [case],” he added.
Panelo said Kaufman effectively dismantled both the testimonial and documentary evidence presented by prosecutors.
“Puro batay sa hearsay, double hearsay, speculation, surmises,” he said of the witnesses presented.
[Translation: It’s all based on hearsay, double hearsay, speculation, surmises.]
He pointed to what he described as inconsistencies in witness accounts. Panelo said the contradictions weaken the prosecution narrative of a coordinated and systematic campaign of killings.
“Yung isa, was testifying na pinatay niya through knife. Pagkatapos subsequently sinabi niya, baril. Tapos yung iba naman, testigo, hindi, never naman gumamit ng baril yan,” he said.
[Translation: One testified a knife was used to kill. Then the person subsequently said a gun was used. Others testified the person never used a gun.]
A key prosecution argument was that Duterte participated in a common plan to commit widespread killings in the war on drugs.
Panelo said Kaufman showed that prosecutors failed to present a direct link between Duterte and the alleged crimes.
“Walang direct link eh, walang testigo na nagsasabi na inutusan siya,” he said.
[Translation: There’s no direct link, no witness saying he was ordered.]
He also disputed the characterization of a police circular as a “command to kill.”
“Yung dokumentong circular na sinasabi nilang command to kill, lumalabas sa dokumento mismo na nakalagay doon, ‘If you have to arrest, you have to do it in accordance with law.’ Kaya sumabog sa mukha nila lahat.”
[Translation: The circular they call a command to kill — the document itself states that if you have to arrest, you have to do it in accordance with the law. So it all blew up in their faces.]
Panelo also questioned the ICC jurisdiction, citing what he described as unresolved issues under the Rome Statute’s complementarity principle.
He said the defense is confident if the decision rests solely on the evidence presented.
ICC judges are expected to rule in the next two months whether prosecutors have presented sufficient evidence to send the case to trial.
Panelo said the defense remains hopeful but cautious.
