http://www.canada.com/news/story.asp?id={EC45F306-007C-4C5F-9F1B-E803A9B
5F49A}

UN tribunal excludes key prosecution witness in major victory for
Milosevic
  
  
Canadian Press 

Wednesday, February 20, 2002
  
THE HAGUE (AP) - In a first victory for Slobodan Milosevic, the United
Nations war crimes tribunal excluded testimony Wednesday from the
prosecution's senior investigator, saying it was based on inadmissible
hearsay. 

Kevin Curtis, the prosecution's chief war crimes investigator for
Kosovo, was due to testify about "the killing sites" where thousands of
Kosovo Albanians were allegedly murdered by Serb forces during the 1999
war in the province. But the judges ruled his testimony would be
irrelevant, since he was repeating stories he had heard from others.
Milosevic chided the prosecution for preparing what he said were
hundreds more such statements. 

"You will probably get down to the prosecutor's driver or a
hairdresser," Milosevic said, before presiding judge Richard May cut him
short: "Mr. Milosevic, we are with you. We are going to exclude it." 

Curtis and Stephen Spargo, the prosecution's intelligence analyst, were
summoned as witnesses to outline Milosevic's alleged plan to ethnically
cleanse Kosovo of its majority ethnic-Albanian population. 

Only Spargo testified Wednesday, displaying a series of maps which he
said show the routes taken by some 800,000 ethnic-Albanian refugees who
were deported or fled from Kosovo by Serbian forces in 1999. 

Cross-examining Spargo, Milosevic asked whether he knew 100,000 Serbs
left Kosovo at the same time, trying to support his contention that
people fled from the NATO bombing, not from Serb forces. Spargo answered
that he had not been assigned to document Serb displacements. 

Since Albanians outnumber Serbs 10 to 1 in Kosovo, "proportionally more
Serbs left the province than Albanians," Milosevic concluded. He said it
was "malicious" to describe the exodus as forced deportations. 

The first ethnic-Albanian who was part of the flood of refugees is due
to testify later. 

Milosevic, the first former head of state to be charged with war crimes
while in office, is accused of crimes against humanity in Kosovo and
Croatia, and of genocide in Bosnia during the 1991-99 Balkan wars. He
could be sentenced to life imprisonment if convicted on any one of 66
counts. 

In another exchange with the prosecution, Milosevic challenged the
court's right to convict him for "command responsibility" for crimes
committed by his subordinates even if they were not acting under his
orders. 

"Regarding the crime sites, you are duty bound to clarify - even in an
illegal trial of this nature - that I was present at the site of the
crime and that I committed those crimes, or if those crimes actually did
take place," he said. 

The tribunal, which already has tried 31 defendants and convicted all
but five, has set precedents for convicting commanders on the grounds
that they knew about, or had reason to know about, crimes by
subordinates but did nothing to prevent them or punish the perpetrators.


Meanwhile, the Dutch Foreign Ministry confirmed that a visa application
by Milosevic's wife, Mira Markovic, had been denied, saying she had
applied too late. Milosevic had asked the court to adjourn early this
week, anticipating a long weekend with his wife. 

"We only received her request last Wednesday," spokesman Frank de Bruin
told The Associated Press. "In that short time it was impossible to
arrange for her protective measures. When she is in the Netherlands she
needs nonstop security." 

Milosevic told the court the application had been made "well in advance"
and pleaded to the court to "do all you can" to overturn the decision.
"I consider this to be part of my physical mistreatment," he said. 

Markovic, considered to be the power behind the scene during Milosevic's
decade in power, has been granted regular three-day visas since last
July, and has visited her husband nearly once a month at the UN
detention centre in The Hague suburb of Scheveningen. 

Judge May said the court had "no power in relation to this. We will pass
on what you said and voice it with the registry now." 

On Tuesday, Milosevic cross-examined the first trial witness, Mahmut
Bakalli, an ethnic-Albanian politician who claimed the former Yugoslav
president coldly destroyed Kosovo and was responsible for thousands of
deaths in the province. 

C Copyright  2002 The Canadian Press 
 

THE END

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