A legal challenge by the former president of Mexico to a decision that he should answer questions arising out of investigations in France into alleged corruption at Aero Mexico and the alleged laundering of drug money is to be heard in public, the Supreme Court decided yesterday.
Mr Carlo Salinas de Gortari is living in Dublin and had sought an order that his court challenge should be heard in camera.
In July 1998 the High Court refused his application. He appealed to the Supreme Court which yesterday unanimously dismissed the appeal.
In her judgment Mrs Justice Denham said that in February 1998 the Minister for Justice nominated the President of the District Court, Judge Peter Smithwick, to obtain evidence from Mr Salinas regarding two matters.
These concerned an investigation by the French authorities of corruption in the management of Aero Mexico and into the laundering of money from drug-trafficking, she said.
Judge Smithwick took evidence over three days in March 1998, and Mr Salinas declined to answer three questions. Judge Smithwick required him to answer, and the taking of evidence was adjourned while Mr Salinas took judicial review proceedings challenging that requirement.
Those proceedings have yet to be heard by the High Court. Yesterday's decision was on the preliminary issue of a public or private hearing.
Mrs Justice Denham said a court could limit the publication of proceedings to protect a person's right to a fair trial, but she agreed with Judge Smithwick's conclusion that there was no such risk in this case.
The second matter was the application of the principle that the administration of justice be in public. She said the Irish approach was that justice be administered in public unless there was a risk of an unfair trial or unfair procedures. The French approach was that the hearing be in private unless there were good reasons otherwise.
She said no case was being made that a fundamental human right of Mr Salinas was being endangered. There was no potential Irish trial being investigated.
Mr Salinas had not established any exception, and there were insufficient grounds for displacing the constitutional principle that justice be administered in public.
Also dismissing the appeal, Mr Justice Keane said it had not been demonstrated this case came within the category of "special and limited cases . . . prescribed by law" in which justice may be administered in private.
The Chief Justice, Mr Justice Hamilton, Mr Justice Barrington and Mr Justice Murphy agreed with the decisions given by Mrs Justice Denham and Mr Justice Keane. Costs were awarded against Mr Salinas.
Afterwards, in a statement distributed by Mr Salinas's lawyers, he agreed to give voluntary testimony as a witness in two matters, the financing of the 1994 presidential campaign in Mexico and the airline Aero Mexico, and the movement of funds within France by members of his family. He gave this evidence in March 1998 and had responded to all questions about the Mexican presidential campaign and regarding Aero Mexico and "most" of the questions relating to the movement of funds within France of his family members.