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MILOSEVIC REFUSES TO STATE HIS OPINION ON TRIAL CONTINUING WITH SUBSTITUTE JUDGE

THE HAGUE/ZAGREB, March 25 (Hina) - Former Yugoslav president Slobodan Milosevic on Thursday refused to say whether or not he agreed that his trial before the UN war crimes tribunal in The Hague should continue with a new judge.
THE HAGUE/ZAGREB, March 25 (Hina) - Former Yugoslav president Slobodan Milosevic on Thursday refused to say whether or not he agreed that his trial before the UN war crimes tribunal in The Hague should continue with a new judge.#L# The session was chaired by tribunal president Theodor Meron, who asked Milosevic whether or not he agreed that the proceedings continue with a substitute judge replacing Richard May, who had resigned for health reasons. According to the tribunal's rules, if a trial chamber judge is prevented in the performance of his duties at an advanced stage of proceedings, proceedings may continue with a new judge only with the consent of the accused. Milosevic said he could not declare his position on the matter because he did not recognise the tribunal, and instead demanded more time to prepare his defence and a provisional release. Explaining his request for provisional release, Milosevic said that he could not exercise his right to defence while in detention. "I cannot communicate with my witnesses without supervision," he said. The tribunal has made available two rooms to Milosevic to prepare his defence, one inside the detention centre and the other outside it, where he can talk to future witnesses without the presence of third persons. When Judge Meron repeated his question about the continuation of the trial, Milosevic resolutely refused to answer, saying that he considered the tribunal "illegal and an instrument of war against the Serbian people" and regarded the indictment and the prosecutors as "fake". Meron judged Milosevic's refusal as denial of consent and closed the session, saying that he was not authorised to address the issue and that this would be done by the trial chamber. Rule 15c of the Rules of Procedure and Evidence provides for the possibility of a trial continuing with a new judge even without the consent of the accused if members of the trial chamber unanimously decide this to be in the interests of justice. Milosevic is charged with 66 counts of genocide in Bosnia-Herzegovina and crimes against humanity committed in Croatia and Kosovo. The first stage of the trial lasted from 12 February 2002 to 25 February 2004 during which the prosecution presented its case. The second stage has been scheduled for June 8 when Milosevic will start presenting his defence. (Hina) vm

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