Milosevic trial meets new obstacle as his lawyer resigns over witness withdrawals

NETHERLANDS: The troubled war crimes trial of former Yugoslav president Mr Slobodan Milosevic hit a fresh crisis yesterday when…

NETHERLANDS: The troubled war crimes trial of former Yugoslav president Mr Slobodan Milosevic hit a fresh crisis yesterday when his lawyer abruptly resigned, writes Chris Stephen in Moscow

British barrister Mr Steven Kay, imposed by the court in the summer against Mr Milosevic's will, announced that he could not find enough witnesses to mount a proper defence. Since judges appointed Mr Kay to the post, ruling Mr Milosevic too sick to do the job himself, over 200 witnesses have withdrawn.

Yesterday's announcement by Mr Kay comes after the former Balkan strongman, charged with crimes including genocide and crimes against humanity, refused to co-operate with the lawyer.

Mr Milosevic (63), who refuses to recognise the court, ran his own defence for the first 30 months of the case. But, in July, doctors ruled that his high blood-pressure meant he was too sick to participate without an extended break.

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As a result, judges appointed Mr Kay as his lawyer but he has been unable to start a case - with both Mr Milosevic and his witnesses refusing to talk.

These witnesses have included Russia's former premier, Mr Yevgeny Primakov, who has withdrawn, announcing that he wants Mr Milosevic to retain the right to run his own defence.

Mr Kay's decision - expected to be formally approved by the court today - comes before it is even clear the judges had the power to impose a lawyer on Mr Milosevic. It leaves a gaping hole in a trial that has been studded with controversy.

Prosecutors have yet to find an "inside witness" to tie Mr Milosevic decisively to the crimes of his subordinates. There were more delays in the spring, after the sudden death (due to illness) of the former presiding judge, Mr Richard May.

Prosecutors have struggled with the sheer volume of material for the case, effectively three trials in one - the former warlord is charged with crimes in the wars of Bosnia, Croatia and Kosovo. Having begun in February 2002, the trial is still only at the half-way stage. Meanwhile, some Balkan experts say there is no evidence to tie Mr Milosevic to the most serious of the charges he faces: genocide.

What happens next is unclear. The judges may simply decide to appoint a new lawyer who would have the problem of succeeding where Mr Kay failed. Some insiders think the judges will give Mr Milosevic a blunt choice: co-operate with a new lawyer or run the risk of having an inadequate defence case presented.