00:00For owners, Mr Duterte is an indirect co-perpetrator of the alleged crimes because
00:06First, he agreed to a common plan to neutralise alleged criminals
00:12Second, he and his fellow co-perpetrators jointly controlled a structure of power
00:19Namely, the Davao Death Squad and the National Network, which they used to pursue the common plan
00:28Third, Mr Duterte made an essential contribution to the crimes within the framework of the common plan
00:36And fourth, he did this with the requisite intent
00:43Your Honours can see on your screens an excerpt from paragraph 4 of our document containing the charges
00:50This sets out the scope of the common plan
00:54The plan was to neutralise alleged criminals in the Philippines
00:58Including those perceived or alleged to be associated with drug use, sale or production
01:05Through violent crimes, including murder
01:11As Mr Nicholls has explained, Mr Duterte and his co-perpetrators agreed to this plan in Davao City
01:19Photos of the co-perpetrators in Davao City are displayed on your screens
01:23There are a combination of trusted police officers
01:27An individual from Mr Duterte's mayoral office
01:31An officer from the National Bureau of Investigation in Davao Region
01:38And a lawyer who acted on behalf of certain members of the Davao Death Squad
01:44In 2016, when Mr Duterte became President, the members of the common plan remained largely the same
01:53They were joined by a further two individuals
01:56A senior police officer and a long-time colleague of the group from Davao City
02:01Who had worked with the DDS before the jurisdictional period
02:08I will take your honours through some of the evidence
02:11Which shows both the scope of the common plan
02:13And the co-perpetrators agreement to it
02:17In the interest of time, I will address some co-perpetrators
02:20And we rely on our brief for the rest
02:23That's at paragraphs 9 to 23 of our brief
02:29On your screens is a photograph of Mr Ronald De La Rosa
02:34When Mr De La Rosa was Davao City Police Chief
02:37He developed Tokang operations
02:40As your honours have heard from Mr Jeremy
02:42Tokang was a blueprint for police to implement killings later in the presidential period
02:50When he was announced as Mr Duterte's chosen PMP Chief in May 2016
02:56Mr De La Rosa gave this interview, which is at tab 101
03:00It shows that he wholeheartedly agreed to the common plan
03:06It's a death of drugs
03:08It's a death of drugs
03:11It's a death of drugs
03:13It's a death of drugs
03:13It's a drug lord
03:13It's a death of drugs
03:14It's a death of drugs
03:16And I'm really proud of you
03:17I'm proud of you
03:19On this slide is a photo of Isidro La Peña
03:24Like Mr De La Rosa, Mr La Peña was well known to Mr Duterte
03:30Because he too had worked as Davao City Police Chief
03:34In his case from 1996 until 1998
03:40In 2016, Mr Duterte appointed Mr La Peña as Director General of the Philippine Drug Enforcement Agency
03:48Or PIDEA
03:51PIDEA is the lead anti-drug enforcement agency in the Philippines
03:56Two days after Mr La Peña took his oath
03:59He gave a speech to his PIDEA subordinates
04:04There is an excerpt from that speech on the slide
04:08Quote
04:08Under then Mayor, we implemented strict law enforcement against illegal drug activities in Davao City
04:17The President wants to replicate and expand what is being done in Davao
04:21And that is precisely what I intend to do
04:24End quote
04:25That's tab 101
04:32Also like Mr De La Rosa, Vicente Dunao was Davao City Police Chief during the Mayoral period
04:40In his case from 2013 to 2016
04:45In November 2018, he was appointed Police Chief of Manila Police District
04:51And he told reporters
04:53Quote
04:56If I discover anyone involved in drugs
04:59Especially those who distribute or just throw them around
05:02Son of a bitch, I will go after you, god damn
05:05I will kill you
05:07Blatantly I am saying that
05:09Sons of bitches
05:10End quote
05:11That's tab 96
05:17When Mr Duterte became President
05:20He appointed Vitaliano Aguirre II as Secretary of Justice
05:26Mr Aguirre has also publicly acknowledged the common plan
05:30And his agreement to it as a member of Mr Duterte's administration
05:35Well, which do you want?
05:37We build first
05:38Do we build the prison facilities first
05:42Or do we go against these people?
05:45Choose
05:45If you are in the Philippines, we will choose to kill these drug lords
05:52Quote
05:52In the Philippines, we will choose to kill these drug lords
05:56End quote
05:57That's tab 125
06:01Your Honours, these speeches of co-perpetrators show both the scope of the common plan
06:07And those co-perpetrators' agreement to it
06:15Your Honours, the next element of indirect co-perpetration is control of a structure of power
06:22In the mayoral period, Mr Duterte and his co-perpetrators controlled the DDS
06:27which they used to pursue the common plan
06:32There is a diagram of the DDS hierarchy on your screens
06:37As the mayor of Davao City, Mr Duterte sat at the apex of the formal and city structures
06:45The law gave him formal operational supervision and control over the police in Davao City
06:53In addition to this de jure power, insider witnesses spoke about his de facto power over police and the DDS
07:01structure
07:03Under Mr Duterte were a combination of co-perpetrators from the Davao City Police Office and the Mayor's Office
07:12Together with Mr Duterte, they controlled the DDS teams beneath them
07:19They controlled the will of the DDS perpetrators through a range of mechanisms
07:25And these are set out in paragraph 38 of our brief
07:28And include threats to kill and actual killing
07:33To illustrate this control, there are quotes from one witness on your screen
07:41This witness said that when he was first told to kill, he did not want to
07:46But, I quote
07:47I felt like I didn't have any other choice but to follow their orders
07:53Duterte is the most powerful person in Davao City
07:55And you had to do what he wanted
07:58It wasn't possible not to do
08:01To not obey his command
08:02End quote
08:04This is tab 51
08:10When Mr Duterte became president, the co-perpetrators continued to control a structure of power
08:19One of the first things that Mr Duterte did with his new presidential powers
08:23Was to appoint his co-perpetrators from Davao to national positions in government and law enforcement
08:30Which were key to the common plan
08:34And after he appointed Mr Dela Rosa as chief of the PMP
08:38Mr Dela Rosa used his new powers to move other police co-perpetrators into key policing roles
08:47These new appointments expanded the geographic powers of the co-perpetrators
08:52And allowed them to create a larger network of individuals they controlled
09:00Your honours can see that structure of power on the chart on your screens
09:05The co-perpetrators controlled the executive
09:09They controlled the police
09:11They controlled the Drug Enforcement Agency
09:13The National Bureau of Investigation
09:16And the Department of Justice
09:19And they used this control to ensure that their subordinates carried out the plan
09:24To neutralise alleged criminals through violent crimes
09:28For example
09:31As PMP chief, Mr Dela Rosa now controlled some 180,000 police officers
09:38Who, as you have heard, he directed to neutralise drug personalities
09:45Mr La Pena now controlled 1,800 Philippine Drug Enforcement personnel
09:53They used these subordinates as physical perpetrators to commit the crimes
09:59Mr Aguirre as Secretary of Justice
10:02Now had control of the National Prosecution Service
10:06He used this control to ensure that except for a handful of low-level perpetrators
10:12In notorious cases, the crimes were not prosecuted
10:16And a climate of impunity prevailed
10:21And the co-perpetrators controlled the will of the physical perpetrators
10:26As in Davao City, low-level members of the National Network
10:31Risked losing their jobs or being killed if they did not comply
10:36For example
10:39Your Honours can see the evidence of a police insider on your screens
10:45He said that if his boss did not kill enough people during police operations
10:50He would lose his post and be replaced
10:52I quote
10:54We were told that there should be five to ten deaths per month
10:57The regional director called him
11:00And told him that if there were no deaths or no recorded killings
11:04Then he would be relieved of his duty
11:07End quote
11:08That's tab 124
11:14Now on your screens is the evidence of an individual
11:17Who police suspected of involvement in drugs
11:21He surrendered to police to avoid being killed
11:25The police held his status as an alleged drug pusher against him
11:30And recruited him as an asset
11:33They made him kill other civilians who were alleged to be involved with drugs
11:37He said, quote
11:40I surrendered myself to them
11:42I knew that they wanted to kill me
11:44So I became an asset of theirs
11:45End quote
11:47That's at tab 22
11:50I went to the hospital
11:52And what was the result
11:55I was in the hospital
11:55But there was no doubt
11:56I had to say
11:56I was just a mother
11:56And what was most important
11:56To the hospital
11:57I spent a lot of time
12:00There was no one
12:00I went to the hospital
12:00I went to the hospital
12:01I went to the hospital
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