Kaufman withdraws appeal on rejected disqualification request vs victims' lawyers
The defense counsel of former president Rodrigo Duterte has withdrawn his petition to appeal the dismissed request to disqualify the Filipino legal team representing the victims in the case.
On March 16, Atty. Nicholas Kaufman filed a three-page document giving a formal notice to the International Criminal Court's Pre-Trial Chamber I of the defense team's withdrawal of its "request for leave to appeal" the chamber's earlier decision.
However, the defense counsel added that the withdrawal did not mean he would give up his right to challenge the victims' representation in the future.
"The present notification is without prejudice to any further recourse available to the Defence," Kaufman wrote, as he believed there is still "an impediment to representation on the part of the Common Legal Representatives for Victims."
In February, Kaufman initially requested the revocation of the appointment of ICC-accredited lawyers Joel Butuyan and Gilbert Andres, as well as their case manager Nicolene Arcaina. The lawyers were appointed to represent the victims in the proceedings of Duterte's case.
In his initial request, Kaufman advocated for the lawyers' disqualification, basing it on a "conflict of interest" as the prosecution and victims' legal representatives "operate under distinct mandates and obligations."
This was dismissed on Feb. 20, as, according to the ICC Pre-Trial Chamber I, "The request argues the existence of a conflict of interest without pointing to any clear legal basis... The relief sought by the Defence is affected by incoherences."
Duterte is currently awaiting the Pre-Trial Chamber's decision on his charges, which were presented by the prosecution during the week of Feb. 23. If confirmed, his case will proceed to a full trial. The Pre-Trial Chamber's decision is due within two months after the conclusion of Duterte's confirmation of charges hearing.
The former president has been in detention at The Hague for a year now, following his arrest in Manila for alleged crimes against humanity.
