British barrister Peter Haynes, the new lead defense counsel of former president Rodrigo Duterte before the International Criminal Court (ICC), has asked judges to revisit Duterte’s fitness to stand trial, saying the former leader’s condition continues to deteriorate.

In a 14-page submission filed on May 15 ahead of the ICC Trial Chamber III’s first status conference later this month, Haynes said it would be “inappropriate” to set a trial date without first resolving questions surrounding Duterte’s health and competency.

“In particular, the Defence position is that a commencement is contingent upon a determination by the Trial Chamber of Mr. Duterte’s fitness to stand trial,” Haynes wrote.

“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,” he added.

The filing marked Haynes’ first formal submission since Duterte tapped him to lead the defense team before the ICC.

The former president, 81, was earlier declared fit to participate in pre-trial proceedings by ICC Pre-Trial Chamber I, based on findings by an independent panel of medical experts.

However, Haynes argued that trial proceedings are fundamentally different from pre-trial hearings because they are longer, more complex, and require sustained mental engagement from the accused.

“A trial requires the accused to follow extensive oral and documentary evidence over a prolonged period, maintain sustained communication with his defence team, provide instructions, and engage continuously with the evolving evidentiary record,” Haynes said.

“In this context, sustained cognitive endurance assumes particular importance,” he added.

Haynes said the defense plans to request a fresh examination of Duterte by independent medical experts specifically for the trial phase.

“The Defence intends to request that Mr. Duterte be examined by independent experts for the purposes of the trial phase and that the experts responsible for those assessments be examined before the Court,” he said.

The defense also asked the court to establish a mechanism for periodic review of Duterte’s condition should proceedings continue.

Haynes likewise said any new determination on Duterte’s fitness should involve viva voce or verbal testimony before the court.

Apart from the issue of Duterte’s fitness, the defense also argued that it would need substantial time to prepare for trial if the proceedings move forward.

Haynes cited previous ICC cases where trials began more than a year after confirmation of charges.

The defense also sought clarity on the scope of charges, disclosure of prosecution evidence, witness procedures, and the rules governing evidence presentation during trial.

The filing came days after Duterte’s former lead counsel, Nicholas Kaufman, sought to withdraw from the case.