Defense calls for Milutinović’s acquittal

Defense calls for Milutinović’s acquittal

At the beginning of the hearing the prosecutor informed the Trial Chamber that he had been notified on Saturday that Lilić had been hospitalized for emergency examination and treatment.

Lilić’s medical records had arrived from Belgrade and were then discussed in closed session.

The prosecution asked to be granted some “reasonable time” to determine whether Lilić could be brought to The Hague by the end of this week, or at least whether his testimony via video link either from the ICTY Office in Belgrade or from the hospital could be arranged.

The judges rejected this application, noting the fact that any “new adjournment would not be reasonable”.

Lilić’s evidence has been already postponed four times. It is possible that this might happen again because the prosecution indicated it might call for the re-opening of its case at some future time during the trial to hear Lilić’s testimony.

The prosecution then indicated it had no new witnesses and rested its case. This marked the beginning of the Rule 98bis hearing.

This rule stipulates that the Trial Chamber can acquit an accused after the prosecution has rested it case of those counts that have not been proven to a sufficient degree.

The hearing was opened by the defense of the first accused Milan Milutinović, former Serbian president.

In its view, the prosecution failed to prove that he was in any way involved in the planning, instigating, ordering, aiding or abetting the crimes committed in Kosovo.

According to the defense, the prosecution failed to prove that Milutinović was responsible as the superior of the forces that committed the crimes.

As the president of Serbia, Milutinović was “a symbol of national unity” but did not hold any authority. The Supreme Defense Counsel was just “an advisory body” as the decisions were made by Slobodan Milošević who was also sole commander of military forces.

As “nothing has been proved”, the defense argued that “there is no case to answer”.

Therefore it urged the Trial Chamber to acquit Milutinović of all counts in the indictment after the first half of the trial.

The indictment charges Milutinović, together with Nikola Šainović, Dragoljub Ojdanić, Nebojša Pavković, Vladimir Lazarević and Sreten Lukić with deportations and forcible transfer of Kosovo Albanians, murder and prosecution on the political, racial and religious grounds.