Victims’ counsel demand to keep trials on track as Duterte swaps defense council

With the recent changes in former president Rodrigo Duterte’s defense team at the International Criminal Court (ICC), victim’s counsel Kristina Conti on May 9 sought assurance for a steadfast trial as the transition poses possible disruption in schedule.

In her statement, the counsel acknowledged the legal rights of the accused (Duterte), but emphasized that the reorganization of the defense team should not become a delaying factor for the trial set forth by the Trial Chamber III on May 27.

“The accused Rodrigo Duterte does have the right to counsel of choice. But victims want to be assured that the change will not result in any delay,” Conti said. 

“A new lawyer does not automatically reset time or give rise to new remedies available to the accused,” she added.

The victims’ camp, through a nine-page statement, also called for Duterte’s continued detention amid requests of interim release while trials have not yet started.

They stated that the chamber should consider the prejudicial effect of Duterte’s potential release on the victims and that their families have been waiting for justice to be served.

“Releasing him at this stage would undermine Victims’ confidence in the judicial process and would send an emboldening signal to his supporters, encouraging pressure and intimidation against Victims exercising their rights under the Statute, as well as those who have not yet come forward due to apprehension and fear,” the statement read.

Change in counsel

Weeks before the former president’s status conference, his lead counsel, Nicholas Kaufman, withdrew before the ICC on May 8.

In a court document dated  on the 8th of May 8, Kaufman wrote that the defense team was presented with Duterte’s desire to hire a replacement Counsel.

“The Defence team visited Mr Duterte and documented both Mr Duterte’s release of Counsel from his representation and his desire to hire a replacement Counsel,” Kaufman stated.

Dr. Dov Jacobs, the associate counsel for Duterte, also withdrew from his role on a separate document dated a day before Kaufman’s withdrawal.

Jacob also highlighted that the withdrawal was issued upon Duterte’s plan of reorganizing his defense team for the next trial phase.

Kaufman’s replacement 

The court document released did not contain the identity of the hired replacement council, rather he was only referred to as “[REDACTED]”. 

Kaufman, however, stated his assurance of the “continuity and efficacy” of Duterte’s representation in the hands of the unnamed replacement.

“I am convinced that the continuity and efficacy of Mr Duterte’s representation will remain assured through [REDACTED], who has a wealth of experience at the International Criminal Court, and the existing defence team,” he said.

Duterte was surrendered to the ICC on March 12 last year. He is set to face the trial court once again on May 27 if the process is not delayed after charges against him were confirmed last April 26.