Peter Haynes, newly appointed counsel for former Philippine President Rodrigo Duterte, has objected to the prosecution team's proposed November 30, 2026, trial date.
Likewise, Haynes requested that his client undergo new health tests to determine his fitness to stand trial before the International Criminal Court (ICC).
Duterte is facing crimes against humanity charges linked to his anti-drug campaign, which allegedly resulted in the extrajudicial killings of civilians from 2011 to 2019.
Read: EXPLAINER: What is ICC and why is it handling the Duterte case?
"Whilst a determination of Mr Duterte’s competence was undertaken during the pre-trial phase on the basis of written reports, his condition continues to deteriorate and will need more fully to be reviewed before any trial may commence," Haynes noted.
HAYNES: "Trial proceedings differ from pre-trial..."
The ICC previously dismissed an appeal from Duterte's camp, led by former counsel Nicholas Kaufman, that he's physically unfit to stand trial for health reasons.
Medical experts tapped to assess the former president's health status declared Duterte fit to undergo court proceedings.
Haynes, however, argued that as the proceedings enter the next phase, they would be more demanding, thus requiring another round of health assessments by independent experts to determine whether his client is fit to continue participating in the trial.
“Trial proceedings differ fundamentally from pre-trial proceedings in their duration, complexity, and evidentiary scope," Haynes said.
“Any significant impairment affecting memory, concentration, or reasoning would seriously prejudice the preparation and presentation of the defense and undermine Mr Duterte’s ability to participate meaningfully in the proceedings.”
Haynes also raised concerns about Duterte’s ability to personally attend the hearings, even if the former president is deemed fit following the health assessment.
“In light of Mr Duterte’s advanced age and medical condition, any requirement that he attend hearings in person would likely necessitate significant health-related accommodations," Haynes explained.
Since arriving at Scheveningen Prison in The Hague, Netherlands, on March 11, 2025, Duterte has appeared publicly via video only once.
Read: FULL COPY: ICC Warrant of Arrest for Mr. Rodrigo Roa Duterte
He has since waived his right to attend all pre-trial hearings.
Read: Former President Rodrigo Duterte arrested on ICC warrant
DUTERTE'S TRIAL TO START IN NOVEMBER
Deputy Prosecutor Mame Mandiaye Niang had earlier proposed November 30, 2026, as the formal start date for Duterte’s trial.
Before that, parties in the Duterte case will meet on May 27 for the first status conference, where several key matters will be discussed.
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Among the topics expected to be discussed are the number of witnesses and projected hours of testimony, the expert witnesses to be called, and the volume of video and documentary evidence to be presented throughout the trial.
"The Prosecution expects to complete all of the necessary pre-trial steps by 30 September 2026," the prosecution team remarked.
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"Consequently, the Prosecution proposes that the trial be set to commence on Monday, 30 November 2026, which would then provide for a period of two months prior to the commencement of the trial.
"The proposed date for the start of trial will allow the Prosecution to efficiently discharge its disclosure and other pre-trial steps... and will consequently likely prevent problems arising during the trial which could cause delay."