Milosevic trial future in doubt
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Judge May announced he is stepping down due to ill-health
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SPECIAL REPORT
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THE HAGUE, Netherlands (Reuters) -- Slobodan Milosevic's war crimes trial was plunged into uncertainty after the resignation of the presiding judge prompted speculation that the former Yugoslav president might demand a new trial.
Milosevic, charged with genocide, crimes against humanity and war crimes in the Balkans in the 1990s, could call on The Hague tribunal to abort the trial and start afresh after a judge resigned for health reasons, a legal adviser to Milosevic said.
"Legally, under the existing tribunal's rules, Milosevic can demand for the trial to go back to square one," Dragoslav Ognjanovic said. "If the tribunal decides to appoint a new judge and continue from this point, that judge could take up the job only after he declares he has been acquainted with the case."
Judge Richard May, a British judge in his sixties well known for forcing Milosevic to stick to trial procedures, was one of three Milosevic trial judges. Once described as being made of "reinforced platinum," he is to step down from May 31.
The U.N. tribunal, which says it does not expect undue delays because of his resignation, could opt simply to replace him and press ahead with the trial. Appeals judges would ultimately have to weigh any objection by Milosevic to continuing the trial.
The trial, dogged by delays due to Milosevic's sporadic bouts of high blood-pressure, flu and exhaustion, is to reach a milestone in coming days when prosecutors wrap up their case after hearing from at least 290 prosecution witnesses over two years.
New Delay
The prosecution's case had been due to close Tuesday and Wednesday but the U.N. tribunal said the hearings had been canceled because of Milosevic's ill health, the latest in a string of trial delays since it opened in February 2002.
Milosevic has defended himself against charges of genocide, crimes against humanity and war crimes.
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The first serving head of state to be indicted for war crimes, Milosevic is charged with 66 counts of genocide, crimes against humanity and war crimes in Croatia, Bosnia and Kosovo in the 1990s. He is conducting his own defense in court.
The trial, Europe's most significant war crimes hearing since Hitler's henchmen were tried after World War II, is set to take a three-month break when prosecutors have completed their case. Milosevic is expected to open his defense in May.
The scope of the prosecution case has been vast, drawing on tapped phone calls, videos, maps, expert reports, and testimony from civilians, a former secret agent, academics, journalists, generals, former presidents and ex-government ministers.
A new trial judge would have a lot of catching up to do, Ognjanovic said. "It's difficult for anyone to do that properly in less than a year," he said.
Milosevic, who has described himself as a peacemaker in the Balkans and does not recognize the court, has dismissed the charges as politically motivated "lies" and declined to enter a plea. Pleas of not guilty were entered on his behalf.
Copyright 2004
Reuters. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
