On April 20, 68-year-old Kosta Bulatovic had refused to be cross-examined by prosecutor Geoffrey Nice on an occasion when the former Yugoslav president was too ill to attend hearings.
When the Milosevic trial chamber insisted that Bulatovic rely on court-assigned defence counsel Steven Kay QC to help him through the cross-examination, the witness refused again - prompting them to issue contempt charges.
If found guilty, Bulatovic could face a prison term of up to seven years, a fine of up to 100,000 euro, or both.
Bulatovic’s counsel Stephane Bourgon argued on May 6 that his client’s refusal to testify was not motivated by a desire to deliberately obstruct the course of justice.
On the contrary, Bourgon said, by refusing to testify Bulatovic “wanted to help justice”, as he was afraid that submitting to cross-examination in Milosevic’s absence could “distort the truth” he was hoping to convey.
Bourgon listed interpretation problems and the fact that Bulatovic’s testimony was prepared by Milosevic personally as two other important arguments that explained the witness’ refusal to testify. The lawyer also asked the judges to take his client’s poor health into consideration when making their decision.
After a series of health problems significantly slowed down the Milosevic trial last year, the trial chamber assigned British lawyer and former amicus curiae Kay as defence counsel, and suggested that he should take over the case when the former Serb leader was too ill to do so.
However, Milosevic – who does not recognise the Hague tribunal - refuses to communicate with the court-appointed counsel.
A large number of his defence witnesses refused to appear in court in protest at the decision, and relented only when the tribunal’s appeals chamber restored Milosevic’s right to be the first one to prepare and examine the witnesses.
The judges announced they would deliver their verdict in the Bulatovic contempt case in a week’s time.
Ana Uzelac is IWPR’s programme manager in The Hague.
