As has been noted on this blog, Judge Harhoff was recuesed from the bench in the case before the ICTY against Vojislal Seselj. I had questioned what would happen since the case was for all intents and purposes concluded and the judgment soon to be rendered. We now have the answer.
Judge Carmel Agius, acting president of the tribunal, issued a decision today wherein he held that the rules applying to the incapacitation of a judge sitting in a partially heard case will apply mutatis mutandis. This means that the remaining judges on the case will conference with the accused to hear his views on continuing the proceedings with a substitute judge, or if he prefers to have a new trial. The decision is available here.
For those who are not familiar with Mr. Seselj, he is quite the firey chap. What I would not give to be in the courtroom for that discussion….