He has had certain heart problems for quite a while and was examined on September 5, when a coronarography was recommended as a measure to perform some heart surgery, Slokovic told the press after a hearing at which a Zagreb County Court panel of judges acknowledged expert witnesses' opinion that Sanader was currently unfit for trial.

Asked why Sanader had not undergone a checkup sooner, which presiding Judge Ivan Turudic also asked Sanader, Slokovic said Sanader had not been feeling in critical condition but that over the past fortnight he had been complaining of constant chest pains, also notifying the prison management and physician.

"We intervened in prison several times that he be taken to do a checkup, but the checkup was scheduled only yesterday afternoon," Slokovic said.

She said it had not been his or the defence team's intention to do the checkup on the eve of the court hearing, adding that the medical records showed that hospitalisation had been ordered for today.

"That's not something we could have influence on. Our position is that those checkups could have been done much sooner, probably not endangering the beginning of this hearing."

Asked if Sanader's condition deteriorated after hearing about a slush fund investigation into his former party, the ruling HDZ, Slokovic said: "That's your speculation. We can't speculate like that."

She added, however, that their client was certainly exposed to a lot of stress which grew by the week as the trial approached. She said this did not mean that Sanader was scared, but that he "is reacting to it all."

"He has a lot to do. The pressure is huge and his health, which is not great, has obviously given in," Slokovic said, adding that the defence had tried to warn the investigating judge that the checkups Sanader had been requesting had not been done.

Asked to comment on Judge Turudic's remark that Sanader could have done a checkup sooner, she said one could not talk about stalling, as Sanader had requested a checkup five days ago.

"He didn't ask to be hospitalised, he asked to be seen by a cardiologist. If one has to wait five days for that, that's not his problem, but the problem of the prison management and the investigating judge, whom we told that a scheduled checkup was not taking place."

Slokovic said they had no time to talk about the HDZ slush fund probe with Sanader yesterday, as they were preparing the opening statement.

Asked if it was possible that Sanader did not know he would be brought to court today, as he said in court, Slokovic said Sanader was told he was being taken to hospital for a checkup and that he would be hospitalised today.

Asked if Sanader would be fit for the resumption of the trial on November 3, another counsel, Cedo Prodanovic, said: "We aren't prophets."