Metro Manila, Philippines – The Office of the Prosecutor at the International Criminal Court (ICC) has asked judges to clarify the role of a number of Filipino lawyers seen supporting former President Rodrigo Duterte’s legal team, warning that their involvement could raise concerns about access to sensitive case materials.
In a filing dated March 6, the prosecutor said statements made during the confirmation of charges hearing and in media interviews created the impression that six Filipino lawyers were assisting Duterte’s defense.
“These statements have created the impression that the six lawyers are members of Mr Duterte’s defence team before the International Criminal Court,” prosecutors wrote in the filing.
The prosecution asked the ICC Pre-Trial Chamber to order the defense to confirm on the record that the lawyers are not members of the official defense team and have not received confidential case materials.
It said the clarification is necessary to ensure it can meet its obligations under the Rome Statute to protect witnesses and victims.
“This includes knowing which individuals work for Mr Duterte’s defence team, as these individuals have access to highly sensitive confidential information, including regarding Prosecution witnesses and victims,” the filing stated.
The lawyers named in the filing are Salvador Medialdea, Salvador Panelo, Martin Delgra, Silvestre Bello III, Alfredo Lim, and Cesar Dulay.
Prosecutors said Duterte’s lead counsel Nicholas Kaufman publicly referred to them during the hearing and said his team was “ably assisted and supported by” the six lawyers attending the proceedings in the public gallery.
However, prosecutors said Kaufman later told them privately that the lawyers were not official members of the defense team — a statement they said conflicted with public remarks.
“The Prosecution approached Defence Counsel… to clarify whether these six lawyers were members of the defence team,” the filing said. “Defence Counsel advised the Prosecution that the six lawyers are not members of Mr Duterte’s defence team.”
Still, the prosecution said it needs the clarification formally recorded.
“The Prosecution therefore requests that the Chamber order the Defence to clarify on the record the involvement of the six lawyers in Mr Duterte’s case before this Court,” the filing said.
Panelo defends Duterte’s case
In a separate interview with NewsWatch Plus in The Hague, former presidential legal counsel Salvador Panelo defended the arguments presented by Duterte’s lead lawyer, Nicholas Kaufman, saying the prosecution’s evidence had collapsed.
“The prosecution theory has been shattered to pieces,” Panelo said.
He claimed the prosecution’s witness testimony relied heavily on unreliable information.
“Madaling sabi, puro batay o based on hearsay, double hearsay, speculation, surmises,” Panelo said.
[Translation: In simple terms, everything is based on hearsay, double hearsay, speculation and assumptions.]
Panelo also said documents cited by prosecutors contradicted their claim that Duterte ordered killings.
He argued the case should be dismissed if judges focus strictly on the evidence.
“In short, bagsak sila. If the resolution of the International Criminal Court is based on evidence, dismiss ang kaso,” Panelo said.
[Translation: In short, they failed. If the ICC’s decision is based on the evidence, the case should be dismissed.]
Panelo acknowledged, however, that the defense camp still has concerns about how the court might rule.
“We were hoping for the best and expecting the worst,” he said.
Panelo previously told the media that he has applied to be part of Duterte’s defense team before the ICC.
The judges are deliberating whether prosecutors have presented enough evidence to confirm the charges against Duterte. If confirmed, the case would proceed to a full trial.
