Fri, Feb 27, 2004 - Page 6 News List

Case against Milosevic wraps up

WAR CRIMES Two years after the case against the former Yugoslav president began, prosecutors decided to rest their case after Milosevic's ill health had caused delays

NY TIMES NEWS SERVICE , THE HAGUE, THE NETHERLANDS

Prosecutors unexpectedly rested their case on Wednesday against Slobodan Milosevic, the former Yugoslav president, relinquishing their final two days in the war crimes trial that opened two years ago.

Lawyers said that the prosecution's decision came after Milosevic's latest bout with high blood pressure had forced cancellations of the hearings and was further precipitated by the sudden resignation of the leading judge in the case. Prosecutors had planned to hear four more witnesses in the time allotted to them.

Milosevic will have three months to prepare his defense in the enormous trial at the UN tribunal where he stands accused of crimes against humanity, war crimes and genocide during the three wars of the 1990s that tore up Yugoslavia.

The British judge in charge of the trial, Richard May, has been forced to resign because of a sudden, severe illness. May will be replaced, most likely by another British judge, to be named by UN Secretary-General Kofi Annan.

On Wednesday, prosecutors and judges moved uncommonly swiftly. Only hours after the prosecution said it was closing its case, judges announced that the trial will resume June 8.

They gave Milosevic, who is acting as his own defense counsel, 150 days to present his arguments and his witnesses. Lawyers said that amounts to the same time, or slightly more, than the prosecution used.

Although the trial began in February 2002, it has been suspended 65 days because of Milosevic's illness, and during the court's recess periods.

In the minute calculations of the court, Milosevic has held the floor for about 60 percent of the time during the 300 days of hearings, as he cross-examined witnesses and often strayed into political arguments.

A member of Milosevic's defense team said that they have not yet decided on their strategy, now that they are faced with having one of the three judges replaced in mid-stream.

At this juncture, Milosevic can go along with the court's intended continuation of the case or claim a mistrial. He could also appeal for more time to prepare his trial because, one of his lawyers said, he is planning to call many witnesses. On Wednesday, the court ordered Milosevic to file his list of witnesses and present the evidence he wants to use by April 12.

Zdenko Tomanovic, one of the lawyers on the Milosevic team, said his client would consider asking that the proceedings "start all over again."

Serb defense lawyers at the court said that asking for a new trial might not necessarily be to Milosevic's advantage. They explained that a second time around the witnesses and the prosecution might have learned from the first experience and might present more honed and polished evidence.

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