Kay offers Milosevic trial a way forward


Over the last few weeks, British defence counsels Steven Kay and Gillian Higgins have given the Appeals Chamber of the International Tribunal for the former Yugoslavia (ICTY) the opportunity to straighten out a trial gone awry after the Trial Chamber judges' decision of 3 September 2004 to impose defence counsel upon an unwilling Slobodan Milosevic.

"In practice, if all goes well, the trial should continue much as it did when Milosevic was healthy. To the lay observer, who will see Milosevic playing the principal courtroom role at the hea- rings, the difference may well be imperceptible." With these words, the Appeals Chamber wrapped up the ruling on 1 November which almost completely overturns the decision of the Trial Chamber to virtually strip Milosevic of his right to self-representation.

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