KAY: IF I STAY I WILL VIOLATE THE LAWYERS’ CODE OF CONDUCT
www.slobodan-milosevic.org – November 10, 2004

Written by: Andy Wilcoxson

The trial of Slobodan Milosevic continued at The Hague Tribunal on Wednesday. The debate on the resignation of Steven Kay and Gillian Higgins again took up the entire session. The tribunal is trying to decide if it should grant the two lawyers, who were imposed on Milosevic against his will, their request to resign.

Mr. Kay spent the first half of the day arguing that resignation was his only option, because to continue representing Milosevic against his will would put him in violation of the lawyers’ code of conduct.

Kay pointed out that Milosevic has reported him to the Disciplinary Board of the Dutch Bar Association, which has jurisdiction over all lawyers practicing law in the Netherlands, including at The Hague Tribunal.

President Milosevic is using the services of, Slobodan Milosevic Freedom Center board member, Nico Steijnen for the litigation against Kay at the Dutch Bar.

Kay said that he had sought advice from members of the Dutch bar and was told that he should have never taken the case to begin with.

Kay openly admitted that he is in violation of the regulations of the Dutch Bar. He cited Rule 9 of the Dutch lawyers’ code of conduct, which literally says, “an advocate shall not perform any acts against the apparent wishes of his client."

Kay said that he was in violation of the code of conduct for lawyers practicing in the European Union. He additionally said that he was violating the codes of conduct laid out by the British Bar Association, and the International Bar Association, as well as the draft code of conduct for the International Criminal Court (ICC).

Kay told the tribunal that he would be held liable for violating the code of conduct, and he’s right he will be. Nico Steijen will see to it that Mr. Kay is disbarred, if under any circumstances he attempts to represent Milosevic against his will, even if it’s because the tribunal has denied his resignation. The Tribunal can’t force Kay to do anything; absolutely nothing stops him from simply walking away.

In addition to Kay’s submissions the tribunal heard from Milosevic, and from the prosecutor, Geoffrey Nice.

Milosevic remained steadfast in his position. He has absolutely no intention of surrendering his right to present his own defense.

Milosevic expressed strong dissatisfaction with the provision in the appeals ruling that allows imposed counsel to take over his defense if he falls ill.

Milosevic said, “Here, regarding the questions of discussion, it is clear that you are trying to, in every way possible, define the role of my appointed attorney; something I am categorically against. And you are looking to do this if I get sick, so in a way, you are trying to put pressure on me to not get sick."

The former amicus curiae, Branislav Tapuskovic, who analyzed the appeals ruling for Belgrade’s B-92 radio said, "There has never been an instance where a trial against someone was continued while that defendant was not in the courtroom."

Mr. Nice, when he took the floor, opposed Kay’s resignation. Nice, as he did at the appeals hearing, attempted to exploit the Judge’s sense of territoriality and again asked “who’s running this trial?”

Nice, who is apparently oblivious to the fact that only five witnesses have been heard in the nine weeks since counsel was imposed, claimed that allowing Milosevic to represent himself would throw-off the tribunal’s precious timetable.

Nice also argued that there was “no need for a defense case.” In Nice’s submission a verdict could be rendered solely on the basis of the prosecution case without even hearing the defense.

It appears that the trial chamber opposes Kay’s resignation. Tapuskovic, in his analysis for B-92 said that Kay’s resignation would most likely be rejected.

Even after taking up the whole day on both Tuesday and Wednesday the Tribunal has still not finished debating whether or not to accept Kay’s resignation. The debate will continue on Thursday.

The court will only sit for half a day on Thursday in order to give Milosevic additional time to prepare his first witness.

Milosevic has asked the tribunal for a one-week adjournment so that he can get his witnesses lined-up to testify, the tribunal said that it would rule on his request on Thursday.

# # #