Prosecutors to Appeal Petkovic's Choice of Defence Lawyer
(TU No 459, 30-Jun-06)
Prosecutors to Appeal Petkovic's Choice of Defence Lawyer
(TU No 459, 30-Jun-06)
The defendant in question, Milivoj Petkovic, is charged along with Valentin Coric, Jadranko Prlic, Bruno Stojic, Slobodan Praljak and Berislav Pusic in connection with alleged ethnic cleansing of non-Croats, especially Muslims, in Bosnia. Crimes listed on the indictment against them include murders, rapes and mass deportations.
The prosecution had previously objected in very strong terms to Petkovic being represented by Orsat Miljenic - who was offering to do the work without any remuneration - because it could create "a conflict of interest".
Prosecutors say Miljenic worked with them for a number of years, including during preparations for this trial.
During this, they say, he "participated in a campaign of obstruction [of] the tribunal's work", including hiding evidence, witnesses and suspects, presenting false testimonies and becoming involved in "spying activities at the heart of the tribunal".
Despite their arguments, the judges said that the prosecutors had not proved that Miljenic's participation in the case would create "an unjustifiable advantage" for the defence or could be seen as causing an obstruction of justice.
However, in the latest decision, the judges, by a majority, agree that it is an important question which should be decided upon by the court's appeals chamber.
The prosecution had previously objected in very strong terms to Petkovic being represented by Orsat Miljenic - who was offering to do the work without any remuneration - because it could create "a conflict of interest".
Prosecutors say Miljenic worked with them for a number of years, including during preparations for this trial.
During this, they say, he "participated in a campaign of obstruction [of] the tribunal's work", including hiding evidence, witnesses and suspects, presenting false testimonies and becoming involved in "spying activities at the heart of the tribunal".
Despite their arguments, the judges said that the prosecutors had not proved that Miljenic's participation in the case would create "an unjustifiable advantage" for the defence or could be seen as causing an obstruction of justice.
However, in the latest decision, the judges, by a majority, agree that it is an important question which should be decided upon by the court's appeals chamber.
