MANILA – The defense team of former president Rodrigo Duterte has urged the International Criminal Court (ICC) to deny the prosecution’s request to examine items obtained during his arrest, describing the move as a “fishing expedition.”

In a media report, it said that in a two public redacted filings dated May 18 and June 16, Duterte’s lawyer, Peter Haynes, asked ICC Trial Chamber III to reject several requests made by prosecutors concerning materials held by the court’s Registry.

In its May 18 filing, titled “Response to Prosecution’s Request for Materials in the Custody of the Registry,” the defense argued that the prosecution’s request to inspect certain seized items came too late.

“Such requests are usually made within days of the arrival of the suspect in custody, or at the earliest opportunity. The Prosecution had notice of the [REDACTED] in the Registry’s possession on 14 March 2025. Ordinarily, it would be obliged to investigate such allegedly highly relevant material by the time of the confirmation hearing. In fact, it did not even seek to take possession of the items until after the confirmation proceedings,” the defense said.

The defense also opposed the prosecution’s request for a detailed inventory of the seized materials, arguing there was no basis for its claim that the Registry may have omitted certain categories of items.

“Indeed it seems highly unlikely that the Registry would trouble to list [REDACTED]. Doubtless, in its observations on the Prosecution’s Request, the Registry will resolve this conundrum,” it said.

It likewise argued that the prosecution’s request to freeze any money among the seized items was unnecessary because the funds, if any, are already under the custody of the Registry.

“The money (if any) is in the possession of the Registry and will remain so, whether or not the Registry is subject to any order from the Trial Chamber to ‘freeze,’” the defense said.

Despite the objections, the ICC judges granted the prosecution’s request to freeze any money seized from Duterte and ordered the Registry to provide an inventory of the obtained items.

In a separate filing dated June 16, titled “Response to Prosecution’s Second Request for Materials in the Custody of the Registry,” the defense opposed the prosecution’s request for access to “all keys in the Registry’s custody.”

While the defense said it did not object to prosecutors examining certain specified materials, it argued that the broader request was unsupported.

“However, the Prosecution request for access to ‘all keys’ in the Registry’s custody is insufficiently reasoned, is neither necessary nor proportionate, and should be rejected,” the filing stated.

The defense also asked that if the requested examination uncovers personal information relating to Duterte or his family that is not relevant to the investigation, prosecutors should restrict access to the information and permanently delete it at the earliest opportunity.

Calling the prosecution’s request a “fishing expedition,” the defense argued that prosecutors had failed to establish any link between the keys and the alleged crimes under investigation.

“The request is, in substance, a fishing expedition. The Prosecution advances no evidential basis connecting the keys either to the commission or furtherance of the alleged crimes or to any assets that may be relevant to the investigation,” it said.

“The basis of such a request must exist before the investigation is undertaken, not emerge as a result thereof. The Prosecution cannot be permitted to examine the keys in order to articulate, post facto, the evidential foundation required to justify that examination in the first place,” it added.

The defense also requested that the ICC require prosecutors to submit any additional requests for access to materials held by the Registry on or before June 30, 2026.

Haynes took over Duterte’s legal representation after lawyer Nicholas Kaufman withdrew from the case in May, citing Duterte’s decision to seek new counsel.

Duterte is facing charges of crimes against humanity over alleged killings linked to his anti-drug campaign during his presidency and his tenure as mayor of Davao City. His trial is scheduled to begin on Nov. 30, 2026.