Ill health could see Milosevic freed

SLOBODAN Milosevic’s trial was in jeopardy yesterday after a medical report raised the possibility that he could be declared unfit to continue the trial and perhaps even freed.

The UN War Crimes Tribunal in The Hague postponed the start of the former Yugoslavian leader's defence case for a third time yesterday over concerns about his health.

A new medical report from his doctors which cited "organ damage" from high blood pressure said Milosevic has suffered damage to his heart from the stress of defending himself. Trial judges said they will review whether his trial for war crimes and genocide can continue.

Even after a four-month break in hearings and a shortening of his trial schedule, Milosevic's blood pressure is still at dangerously high levels, the report said.

"The trial chamber is clearly of the view that the time has come for a radical review of the trial process and the continuation of the trial in light of the health problems of the accused," said presiding Judge Patrick Robinson.

A ruling on how the case would proceed is expected within a few days.

Milosevic, a lawyer, has insisted on defending himself. But, facing repeated trial delays, prosecutors again pressed the court to appoint a defence counsel, although previous motions to do so were dismissed.

The trial had been in recess since prosecutors completed their case in February after calling nearly 300 witnesses.

The prosecution's case took two years to present, in part because Milosevic's doctors ordered that he have frequent rests.

The three-judge panel which sat today included a new judge, Lord Bonomy of Scotland, who replaced the previous senior judge, Briton Richard May, who died last week.

Milosevic had been preparing his defence against 66 war crimes counts stemming from the Balkan wars of the 1990s.

If convicted, he could be sentenced to life in prison.

Despite his doctors' prognosis, in the courtroom today Milosevic looked fit and alert, arguing with the court over whether it had the right to release his medical records and accusing the judges of ignoring a report by his doctor.

Milosevic compared his treatment at the UN detention unit with the medieval Inquisition, and gruffly rejected the prosecution's motion to appoint counsel. "It is out of the question, nor will I ever agree to it," he told the judges.

Steven Kay, appointed to monitor the fairness of the proceedings, said the court should consider the possibility that Milosevic may be too ill to stand trial.

He told the court: "Two issues are arising at this stage: one is the fitness of the accused to present his defence case at this time, and secondly his fitness to stand trial at all."

Trial watchers said the court is likely to appoint a defence lawyer despite Milosevic's objections.

"The court is finally facing up to the fact that if they want to see a conclusion to this and everybody does want to see a fair conclusion to this trial that they are going to have to take some serious measures, and that includes the appointment of counsel," said Judith Armatta from the Coalition for International Justice.

Milosevic challenges the authority of the court and repeated yesterday he believes the trial is political. He denies wrongdoing but refused to enter a plea. A plea of not guilty was entered on his behalf.