-Caveat Lector- ----- Original Message ----- From: targetsmonthly <[EMAIL PROTECTED]> To: <[EMAIL PROTECTED]> Sent: Thursday, October 28, 2004 4:10 AM Subject: [targets-news] KAY CALLS IT QUITS, BUT WILL THE TRIBUNAL LET HIM GO?
> > > > "Slobodan Milosevic Freedom Center board member, Nico Steijnen > appears to have successfully effected the resignation of Mr. Steven > Kay and Ms. Gillian Higgins" > > "The Dutch Bar accepted this line of reasoning and agreed to hear the > complaint on the grounds that Milosevic was being represented by Kay > against his will" > > "Kay, confirming his resignation to the Serbian newspaper Blic, said > on Wednesday that "We are now forced to withdraw, otherwise we would > violate the lawyer's codex."" > > *** > > KAY CALLS IT QUITS, BUT WILL THE TRIBUNAL LET HIM GO? > www.slobodan-milosevic.org - October 27, 2004 > > Written by: Andy Wilcoxson > > Slobodan Milosevic Freedom Center board member, Nico Steijnen appears > to have successfully effected the resignation of Mr. Steven Kay and > Ms. Gillian Higgins, the lawyers appointed by the Hague Tribunal to > represent Slobodan Milosevic against his will. > > Mr. Kay's resignation came on the same day as the Disciplinary Board > of the Dutch Bar Association served papers on him. They informed him > that he was obliged to appear before the board to defend himself from > the accusation that he is representing Milosevic against his will. > > Mr. Steijnen, who serves as Milosevic's attorney before the Dutch and > international courts, filed the complaint against Kay earlier this > month, after consultation with President Milosevic. > > Steijnen's complaint asserts that it is a violation of the Dutch > Bar's ethical standards for a lawyer to represent somebody against > their will. The Dutch Bar accepted this line of reasoning and agreed > to hear the complaint on the grounds that Milosevic was being > represented by Kay against his will. > > Under Rule 60(a) of the Dutch Lawyers Act, the rules and ethical > standards of the Dutch Bar bind all lawyers who practice law in The > Netherlands (including at The Hague Tribunal). The disciplinary board > has the authority to temporarily suspend a lawyer's practice, or to > disbar a lawyer so that he is permanently banned from practicing law > in The Netherlands. > > Kay, confirming his resignation to the Serbian newspaper Blic, said > on Wednesday that "We are now forced to withdraw, otherwise we would > violate the lawyer's codex." > > The Hague Tribunal confirmed that Mr. Kay and Ms. Higgins submitted > their resignation. However, tribunal spokesman Jim Landale, said they > will remain as defense counsel until the tribunal removes them, or > accepts their resignation. > > "I can confirm that the registry has received a request from Steven > Kay and Gillian Higgins for their withdrawal from their role as > assigned counsel in the Milosevic case," Landale said at a press > conference on Wednesday. > > "Both counsel are still assigned to the case until there is a > decision otherwise," Landale said. > > Meanwhile, a spokeswoman for Kay and Higgins told Agence France > Presse on Wednesday, "Until the court makes a decision, they will > continue to be involved in the case." > > Because Mr. Kay is the only lawyer familiar with the case, his > resignation puts the tribunal in a very bad position, and leaves it > with very limited options. > > The tribunal could reject Kay's resignation, and try to force him to > represent Milosevic against both of their wills. In this case a > conviction would have absolutely no credibility, because the argument > would be made that no defense was put before the conviction was > handed down. > > If Kay is forced to remain, the witness boycott will be intensified. > Kay already admitted in the appeals hearing last week that he > was "ineffective in this trial" and unable to say he was "acting in > the interest of justice." The witnesses will certainly not come and > testify for an ineffective lawyer who doesn't want to be there in the > first place. > > Furthermore, forcing Mr. Kay to continue representing Milosevic would > put him in a very unfortunate situation. If he continues under any > circumstances to represent Milosevic, then Nico Steijnen will proceed > with the effort to have him disbarred. > > The tribunal's other option is to restore Milosevic's legitimate > rights and allow him to present his own defense, but this is > unattractive to the tribunal because Milosevic's defense would > disprove the indictment and severely embarrass the NATO powers that > fund the tribunal. > > Slobodan Milosevic's legal advisor Zdenko Tomanovic told Belgrade's > B92 radio that Milosevic's views have not changed. > > "All I can say is that Slobodan Milosevic will continue to insist on > the court returning the right which was taken away from him, the > right to lead his own defense case. He will not hire an attorney, he > will ask for the right which he had, to question his witnesses > himself, and to prepare the witness testimony on his own terms." > Tomanovic said. > > According to Tomanovic, if Milosevic is returned the right to defend > himself, he will ask all of the witness that Kay questioned to take > the stand again so that he can question them himself. > > *** > > Slobodan Milosevic Freedom Center the Hague: > Sloterkade 20 - 1058 HE Amsterdam - Netherlands > > Phone/Fax: + 31 20 615 1120 > General e-mail: [EMAIL PROTECTED] > Web site: www.slobodan-milosevic.org/hague.htm > > If you want to support President Milosevic, you can send your > donation to: > > Postbank NV > P.O. Box 1800 > 1000 BV Amsterdam > Netherlands > > For: (please write full name) > Stichting Nederland-Joegoslavië - Milosevic Freedom Center > > International Bank Account: NL 90 PSTB 0000 0122 80 > Bank swift (BIC) code: PSTBNL21 > > People in The Netherlands can send their donation to: > > Giro 12280 > t.n.v. Stichting Nederland-Joegoslavië - Milosevic Freedom Center > Amsterdam > > > > > > > > > > > > > ------------------------ Yahoo! Groups Sponsor --------------------~--> > Make a clean sweep of pop-up ads. Yahoo! Companion Toolbar. > Now with Pop-Up Blocker. Get it for free! > http://us.click.yahoo.com/L5YrjA/eSIIAA/yQLSAA/Uy.rlB/TM > --------------------------------------------------------------------~-> > > > Yahoo! Groups Links > > <*> To visit your group on the web, go to: > http://groups.yahoo.com/group/targets-news/ > > <*> To unsubscribe from this group, send an email to: > [EMAIL PROTECTED] > > <*> Your use of Yahoo! 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