Milosevic regains right to act as own defence lawyer
The written ruling by the five judge panel in The Hague essentially reverses a decision by trial judges to impose a court-appointed lawyer on the former Yugoslav president.
The appeal judges ruled that "when he is physically capable of doing so, Milosevic will take the lead in his case." But the ruling said an appointed lawyer must remain ready on standby if Milosevic's "health problems resurface with sufficient gravity."
The former president is on trial for war crimes, including genocide, committed in the Balkans in the 1990s. He defended himself during the trial's first two and a half years. But persistent health problems he was often ill with the flu or suffered symptoms of high blood pressure frequently brought the trial to a halt.
In September, the trial judges, citing Milosevic's deteriorating health, appointed British barrister Steven Kay to defend him a move Milosevic objected too.
Independent doctors said he was at risk of a heart attack if he continued. But the system proved all but unworkable when Milosevic refused to co-operate.
Mr Kay could only find four defence witnesses almost all of Milosevic's other scheduled witnesses refused to go to The Hague unless he was allowed to defend himself.
Last month, Mr Kay asked to quit, saying that trying to defend a hostile client was an impossible task.
People were "kidding themselves, making believe that what is happening here is a proper defence," he told appeals judges.
Prosecutors had urged the judges not to let Milosevic resume defending himself, saying his politicised statements show he is unfit as a lawyer and his reappointment would lead to more delays because of his health.
Milosevic is now expected to resume presenting arguments that ignore the charges against him and claim the trial is politically motivated by his enemies.
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