Du30 lawyer assures prosecution: No info access for Panelo, others
The lead defense counsel of former President Rodrigo Duterte said the Filipino lawyers who were acknowledged at the confirmation of charges hearing in the International Criminal Court (ICC) last month had not been given and would continue to be denied access to confidential disclosures and information regarding Duterte’s case.
Lawyer Nicholas Kaufman’s March 5 response, whose redacted version was released on Friday, issued the clarification to the prosecution who earlier asked about the role of lawyers Salvador Medialdea, Silvestre Bello III, Martin Delgra III, Caesar Dulay, Alfredo Lim Jr. and Salvador Panelo.
Kaufman said they “have not and will not” have access to “any disclosure,” “any nonpublic filings,” and “any other nonpublic information” regarding the case.
Duterte, who turns 81 today, has been detained since March last year in an ICC facility at The Hague, the Netherlands, for alleged crimes against humanity over the thousands killed during his antidrug campaign as Davao City mayor and later as Philippine president.
The six lawyers, all of whom served in different capacities during the Duterte administration from 2016 to 2022, “are not entitled to legally privileged meetings or other communications with Mr. Duterte in the detention center,” Kaufman added.
The defense also made one more assurance to the prosecution, but it was redacted in the filing.
Kaufman was responding to the prosecution’s request on March 4 to seek assurance from the defense on the role of the lawyers, who were present in court during the confirmation of charges hearing on Feb. 23, 24, 26 and 27, watching the proceedings from the public gallery.
Professional secrecy
He said he would rather not take offense at the “unnecessary nature of the request and its implied suggestion (or rather insinuation) that he might be violating Article 8 of the Code of Professional Conduct.”
According to the provision, a counsel shall ensure “respect for professional secrecy and the confidentiality of information” in accordance with the Rome Statute and the ICC rules.
The counsel, according to this provision, may reveal information protected under ICC rules only to his “co-counsel, assistants and other staff working on the particular case to which the information relates and solely to enable the exercise of his or her functions in relation to that case.”
“Considering the prosecution’s unabated passion for scrutinizing the media coverage of this case, counsel recommends, as he did at confirmation, that the senior trial lawyer should abide by the adage ‘not to believe everything he reads in the papers’—unless, of course, it relates to Mr. Duterte’s innocence,” Kaufman said.
As quoted in the news
In its request for clarification, the prosecution cited news reports by the Inquirer and ABS-CBN that quoted Kaufman as saying that some of the lawyers had been “working with us (defense team) all along” and that they “actively contributed” and would “continue to provide valuable support.”
The prosecution expressed concern over Kaufman’s remarks since the Filipino lawyers had not been officially recognized by the ICC as part of Duterte’s defense team.
“Some worked on Mr. Duterte’s presidential campaign, during which he announced his intention to implement his common plan to kill alleged criminals nationwide. Many were also appointed by Mr. Duterte to high-level governmental positions during his presidency, throughout which, the prosecution alleges that Mr. Duterte committed the crimes charged,” it added.
After last month’s hearing, the ICC’s Pre-Trial Chamber I is expected to hand down a ruling within 60 days, or until May, whether the charges against Duterte have enough basis to proceed to trial, need further investigation, or should altogether be dismissed.
