A former president of Mexico, now living in Dublin, has taken a High Court challenge to a decision that he must answer certain questions arising out of investigations in France into the alleged laundering of sums of money derived from drug trafficking.
Mr Frank Clarke SC, for former president Mr Carlo Salinas de Gortari, yesterday stressed that a French examining magistrate had made it clear that no criminal proceedings existed against Mr Salinas or were contemplated.
The case arises out of the investigations by the French authorities. Mr Salinas, of Northumberland Lodge, Lower Mount Street, was asked and agreed to assist the French investigation as a witness and Judge Peter Smithwick was appointed to take his evidence in Dublin over three days in March 1998.
Mr Salinas declined to answer three specific questions. On March 5th 1998, Judge Smithwick ruled that Mr Salinas was compelled to answer the questions: describe his assets, real estate and properties; state whether he was aware of the existence of bank accounts opened in France by his brother, Mr Enrique Salinas and his step-daughter, Ms Adriana La Garde, with the Societe Generale; and name his banks in Ireland and Mexico.
Mr Salinas then took judicial review proceedings challenging the decision to compel him to answer.
The judicial review hearing opened in public yesterday before Ms Justice McGuinness. Mr Salinas was not in court. The hearing concluded yesterday afternoon and judgment was reserved.
Mr Clarke said the question to be determined was the precise limits on the powers of questioning.
Mr Salinas's application was opposed by Mr Paul Sreenan SC, for Judge Smithwick and the Minister for Justice. The respondents deny the questions put to Mr Salinas are accusatorial in nature.