Judge probing Chirac deeds quits

By Vaiju Naravane

PARIS, APRIL 27. Judge Eric Halphen who is investigating alleged corruption charges against the French President, Mr. Jacques Chirac, dating back to the days when he was the Mayor of Paris appears to have thrown in the towel. Contending that too many spokes were being put in his wheel the judge declared himself ``incompetent'' because of insurmountable obstacles to further investigate the case.

The case will now revert to the prosecutor's office which will have to decide whether it should be forwarded to the nation's parliament and senate for judgment by the High Court of Justice, the only competent authority to judge an incumbent President who enjoys immunity of office.

Last month, Mr. Chirac refused to answer summons issued by Judge Halphen in the case involving huge kickbacks from construction contracts which were allegedly pocketed by Mr. Chirac's Rally for the Republic (RPR) party. Judge Halphen had wanted him to testify as ``witness''.

The complexion of the case has since changed radically as new elements have emerged. Mr. Francois Ciolona, former director general of low cost apartments owned by City Hall has begun to talk and has directly implicated his former boss, Mr. Chirac. In his declaration of ``incompetence'' Judge Halphen says: ``There is evidence to indicate that Jacques Chirac could have participated, as author or accomplice, in the commission of offences'' and which the Judge qualifies, principally, as abuse of office. In simple terms, this mean that if Mr. Chirac were a common citizen without presidential immunity, he would be what is known as an ``assisted witness,'' that is to say questioned on suspicion, just prior to being charged.

But Mr. Chirac has raised reasons of State as to why he will not answer the judge's summons. He says he is the guarantor of the Constitution and represents the continuity of the state. His position has been criticised by several eminent jurists who claim that since the offences took place prior to Mr. Chirac's assumption of office there is nothing in the Constitution which impedes Mr. Chirac from testifying. Seventy- five per cent of the French feel he should testify and that by refusing to answer the judge's summons, Mr. Chirac is himself flouting the Constitution he is supposed to protect and honour.

The Judge cannot oblige Mr. Chirac to testify. And there the matter rests. At the moment. But persistent rumours in Paris say that Mr. Chirac is now toying with the idea of dissolving Parliament and ordering early elections. His calculation is that the situation can only get worse, not better for him, and that he should press home the slight advantage the right wing alliance won in municipal elections held last month. For, despite the fact that the Socialists wrested the cities of Paris and Lyon from the right, they lost over 40 major towns and cities to the conservatives.

Mr .Chirac dissolved the assembly and called early elections in 1997 and came an absolute cropper - the conservatives were trounced and Socialist, Mr. Lionel Jospin, became Prime Minister. The Socialists are now both amused and alarmed at the prospect of fresh elections a year ahead of schedule. Perhaps this time it will be they who emerge with burned fingers?

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Section  : International
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