The Hague: The war crimes trial of former Yugoslav president Slobodan Milosevic was left hanging in the balance yesterday when judges ruled he was too sick to begin his defence.
In a morning of high drama, judges ruled that the 62-year-old former Yugoslav president was suffering from high blood pressure and announced that a "radical review" will be needed if the trial is to continue.
This was supposed to be the start of Mr Milosevic's defence to more than two years of evidence accusing him of genocide, war crimes and crimes against humanity.
Instead, Mr Milosevic, wearing a dark suit, blue shirt and red tie, clashed with the judges a few minutes after being led to the dock in the Hague's Courtroom Number One and flanked by blue uniformed guards. As chief judge Patrick Robinson began to introduce the session, the first since the prosecution case finished four months ago, Mr Milosevic interrupted, insisting he had been dragged to court against his will that morning.
"Mr Robinson, you have forgotten to mention this morning in fact you received a report based on an examination I underwent this morning," Mr Milosevic boomed, looking towards a packed press gallery. "The physician categorically states . . . against any kind of idea of bringing me into court here today."
Robinson stopped him, declaring: "Mr Milosevic let me stop you, we have not received a report this morning." However, a clerk then rose and whispered the news to the judge that, indeed, a doctor had reported on Mr Milosevic's condition a few hours before. Judge Robinson then broke the dramatic silence by admitting: "I understand that an oral report was received."
Mr Milosevic was soon back on the attack: "In the history of mankind let me tell you that this kind of ruling is only known from the time of the Inquisition.
"Regardless of the state of my health your order was that I was brought to court."
However, Judge Robinson insisted the report only forbade the judges from subjecting Mr Milosevic to the stress of a trial, while allowing him to come to court for "administrative" talks.
These talks are now focusing on what is to become of a defendant who becomes sicker the longer his trial lasts.
A report read to the court that was made last Friday paints a grim picture of Mr Milosevic's health, reporting that his blood pressure rises suddenly and dramatically during the stress of court work and concluding: "It's absolutely essential that Milosevic rests."
The judges now face an awkward choice: They can order fresh delays to a trial already crawling along or they can impose a defence counsel. Last year they agreed to limit the trial to a three-day week to avoid giving Mr Milosevic too much stress, but to simply stop the trial is thought unlikely.
"The time has come for a radical review of the trial process and the continuation of the trial in the light of the health problems of the accused," said Judge Robinson. The most likely "radical review" conclusion appears to be forcing Mr Milosevic to have a defence counsel.
Last year judges several times refused prosecution requests to impose a defence counsel, partly because Mr Milosevic insists he will not co-operate with such a lawyer. The alternative may be that the trial collapses, as Mr Milosevic's health grows worse.
Mr Steven Kay, a court-imposed lawyer appointed as Friend of the Court by the judges, said: "It may well be that the court is at a stage now of having to consider that as a distinct issue on this trial as to his very fitness to stand trial at all."
Mr Milosevic had been expected to begin his defence case this week, and to answer the biggest question of all for the outside world, which is whether he will issue formal summons for British Prime Minister Mr Tony Blair, French President Jacques Chirac and former US president Bill Clinton, all of whom he says he wants as witnesses.
But judges said the start of this defence, due to have begun with a four-hour statement from Mr Milosevic, has been frozen "indefinitely" until the health issue is resolved.
One of Mr Milosevic's legal advisors said he had secured many willing witnesses including former Greek prime minister Constantinue Mitsotakic, former Russian premier Yevgeny Primakov and former senior intelligence chiefs from the French and Russian armies.