Peter Robinson - The Tribunal

Kevin knew that he had to confront this problem right away and not wait a month until court resumed. He typed a letter to the prosecutor, formally withdrawing his job application. He no longer wanted to work for those people. The practical side of him knew that there was no chance they would hire him now anyway. Kevin rode his bike to the Tribunal and dropped off the letter.

Then, he rode over to the prison, where he was led into an interview room. When Draga arrived, Kevin walked up to him and looked him straight in the eye. “I have no conflict of interest. I will fight for you as hard as I know how.”

Draga looked away.

“Before I came here,” Kevin continued, “I did want to prosecute. I thought they were the good guys. But since I’ve been here I’ve seen how they abuse their power. If I get the opportunity, I’m going to jump up and down on the defense side of the scales and do my best to see that it balances out.”

Draga said nothing. Both men were still standing less than a foot from each other, with Draga towering over Kevin.

“If you don’t want me to be your lawyer,” Kevin said, “you can just tell the Court on September 4 thand the judge will be happy to assign you someone else.”

Draga walked over to the door, opened it, and left. He had again said nothing.

The meeting had lasted all of thirty seconds.

On Monday, September 4 th, Kevin donned his robe and entered Courtroom 1 shortly before court was scheduled to start. Vladimir Krasnic took his seat at the defense table with Kevin, but selected the chair farthest away.

Judge Davidson strode to the bench like a man with a purpose.

“We have several matters to take up at this hearing,” he said in an authoritative voice after the case was called. He looked down at the leather book where he made his notes. “I see we have a motion filed by Mr. Anderson, one by Mr. Krasnic, and one by the prosecution. We will also complete Mr. Zaric’s arraignment today.”

“We will first take up Mr. Anderson’s Motion for an Identity Hearing. Mr. Anderson, do you have one shred of evidence to offer that the man seated in this courtroom is not the same Dragoljub Zaric as accused in the indictment?”

Kevin rose quickly. “No, Your Honor.”

“That’s what I thought. Your motion is frivolous, counsel, and a waste of the Court’s time. It is denied.”

“Your Honor,” said Kevin, who remained standing. “Four years ago, an innocent man named Goran Lasic spent over three months in custody because this Court had no procedure in place to hold an identity hearing. Perhaps you will find, after a hearing, that the accused in this case is the man charged in this indictment. But unless you rule that an accused is entitled to such a hearing, you are permitting a system to exist which is fundamentally unjust.”

“Your motion is denied, counsel,” Judge Davidson said loudly. “Now sit down!”

Kevin obeyed. The hearing had not started off well. Kevin wondered why Judge Davidson had not begun with the disqualification issue.

“We shall now arraign Mr. Zaric,” the judge ordered. “The Court, having found beyond a reasonable doubt that the accused is the same Dragoljub Zaric as charged in the indictment, now calls upon the accused to plead.” Turning to Draga, Judge Davidson asked, “What is your plea, Mr. Zaric, guilty or not guilty?”

Draga said nothing.

“Mr. Anderson,” the judge said, not missing a beat, “as counsel of record for the accused, do you request that a not guilty plea be entered on his behalf?”

“Yes, Your Honor. Without waiving any rights or defenses, including that of the jurisdiction of this court, I ask that not guilty pleas be entered as to each count of the indictment.”

“Not guilty pleas will be entered.”

Kevin suddenly realized what Judge Davidson was up to. He’s a smart old coot . The judge had wanted Draga to have an attorney to enter his plea for him. The judge had deftly avoided any possible roadblocks to that end result. If he had disqualified Kevin at the outset, the arraignment might have had to be postponed again.

Judge Davidson looked down at the leather book in front of him. He appeared to be working off a script, and was moving smoothly through his agenda.

“Now that the accused has been duly and properly arraigned, we shall turn to the prosecution’s motion to disqualify Mr. Anderson.” The judge turned to the prosecution table. “Does the prosecution have anything to add?”

“No, Your Honor,” a confident Bradford Stone responded.

“Mr. Anderson, this is a very serious allegation. It brings dishonor to you and to this court. What do you have to say for yourself?”

Kevin rose to his feet. “There is no conflict of interest, Your Honor. I have unequivocally withdrawn my application to work for the prosecution. I have no personal stake in this case, and no interest contrary to that of the accused.”

Judge Davidson’s face reddened to a bright pink. “Mr. Anderson, you have used extraordinarily bad judgment, and shown a lack of respect for this Court. We can’t waste our time with inexperienced lawyers making frivolous motions and violating the canons of ethics. The Motion to Disqualify is granted.”

Kevin felt about two inches tall. He was unsure whether he should get up and leave. Since no one told him to go, he remained in his seat, trying to maintain a poker face. He wanted to disappear.

Judge Davidson turned to Vladimir Krasnic. “That brings us to your motion, Mr. Krasnic.”

“Yes, Your Honor.” Krasnic displayed the confidence of a man whose competition had just been eliminated.

“I would like to grant your motion. I know you to be a very competent counsel and one who understands and obeys the rules of this Court.”

Krasnic smiled, and bowed slightly to the judge.

“But I need to have some indication from Mr. Zaric that he wishes to choose you as his assigned counsel. I will state on the record that by doing so, he will not be waiving any challenges he has to the jurisdiction of this Court, or any other matter. But our rules require that the accused choose an assigned counsel from our list. Otherwise, the Tribunal staff makes the assignment.”

“May I have a moment with Mr. Zaric?”

“Of course.”

Kevin watched as Krasnic walked over to Draga and spoke to him. Kevin couldn’t bear to look at anyone else in the courtroom. He didn’t dare see who was out in the visitors’ gallery.

“I’m sorry, Your Honor,” Krasnic said when he returned to the podium, “I cannot convince Mr. Zaric to address the Court.”

“Very well, Mr. Krasnic. I will direct the staff to assign new counsel for Mr. Zaric.”

Krasnic looked disappointed. Then he brightened. “Excuse me, Your Honor, might I make a suggestion that I believe will accommodate all interests?”

“Yes, what is it?”

“Perhaps Mr. Zaric could be provided with the list of the assigned counsel. The court could take a short recess while Mr. Zaric circles the name on the list that he chooses as his counsel. That way he would not have to address the Court, yet he can make his preference known.”

“That is a very unusual procedure,” Judge Davidson grumbled.

“It complies with the Court’s rules. Perhaps it will allow Mr. Zaric to save some face, Your Honor.” Krasnic gave an indulgent smile to the judge.

“Very well. Mr. Zaric, the court will furnish you with a list of all of the lawyers eligible to be assigned a case in this court. You shall indicate your preference by circling one name. If you do not do so, your assigned counsel will be chosen for you.”

“Thank you, Your Honor,” Krasnic responded gratefully.

“Court is in recess for fifteen minutes.”