The victims' legal team in Rodrigo Duterte's International Criminal Court case remains intact after the lead defense lawyer withdrew his challenge. Meanwhile, the prosecution has questioned the composition of Duterte's defense 'team'.
On March 16, lead defense lawyer Nicholas Kaufman withdrew his request to challenge the appointment of Filipino lawyers to the victims' legal team in Rodrigo Duterte's International Criminal Court case. Kaufman provided no reasons but stated the withdrawal was 'without prejudice to any further recourse available to the Defence in order to raise the issue of what it perceives to be an impediment to representation.' The pre-trial chamber had rejected the request in February, ruling that the prohibition on impediments to representation applies to counsels, not case managers like Nicolene Arcaina. The victims' Common Legal Representatives include Italian lawyer Paolina Massidda from the ICC’s Office of the Public Counsel for Victims, along with Joel Butuyan and Gilbert Andres. In their reply, Butuyan and Andres stated: “Defense Counsel has revealed a penchant, or perhaps more fittingly a strategy, for tactics that simply delay and dramatize the proceedings, before they even occur.” Now, the prosecution has turned the scrutiny on the defense 'team.' Kaufman said he is “ably assisted and supported by” six lawyers sent by the Duterte family: former executive secretary Salvador Medialdea, former presidential legal counsel Salvador Panelo, former labor secretary Silvestre Bello, former LTFRB chief Martin Delgra, former tax commissioner Caesar Dulay, and Alfredo Lim Jr. On March 10, the prosecution filed a request seeking confirmation that none of these have access to confidential disclosures, such as witness profiles. “These individuals are closely connected to Mr Duterte. Some worked on Mr Duterte’s presidential campaign, during which he announced his intention to implement his common plan to kill alleged criminals nationwide,” the prosecution noted. None of the six are ICC-accredited counsels. Kaufman's accredited team includes French lawyer Dov Jacobs, who specializes in jurisdiction. The ICC maintains strict standards on conflicts, as seen in its prior disqualification of chief prosecutor Karim Khan due to prior involvement with a witness.
