Chirac snubs French judges over Sarkozy smear probe

PARIS, June 23 (Reuters) France's Jacques Chirac has refused to answer questions from judges about an apparent plot to smear Nicolas Sarkozy, the man who succeeded him as president in May, citing a constitutional bar.

In a late-night statement released yesterday by his office the former president said he could not be quizzed about events that took place while he was head of state, but he added he was ready to discuss cases involving matters before his election in 1995.

As well as the so-called Clearstream dirty tricks case, judges want to talk to Chirac about a string of investigations into alleged corruption and other scandals, mainly linked to his time as mayor of Paris from 1977-95.

During two terms as president, Chirac benefited from a constitutional bar on the prosecution or investigation of a serving head of state. That immunity ran out on June 16, a month after he left office.

Article 67 of the French constitution ''ruled out a former head of state being forced to provide testimony on events that took place or were known during his mandate and the exercise of his office,'' the statement by Chirac's office said.

''This position of principle...does not allow President Jacques Chirac to respond favourably to the move by judges d'Huy and Pons,'' it said, adding that Chirac had written to the two judges in charge of the Clearstream investigation to inform them of his decision.

Examining magistrates Jean-Marie d'Huy and Henri Pons are investigating an alleged plot to discredit Sarkozy and other leading public figures that emerged in 2004.

The case focuses on a bogus list that suggested Sarkozy and others held accounts in the Clearstream international central securities depository.

CORRUPTION PROBES Leaked case documents fuelled suspicions that Dominique de Villepin used his position as foreign and then interior minister to order secret probes into the case by the intelligence services to discredit Sarkozy, his rival to represent mainstream conservatives in the 2007 presidential elections.

Villepin, who went on to become Chirac's prime minister, has strenuously denied any wrongdoing, saying he was only doing his duty having suspected malpractice investigated.

Notes made by a former spy drafted in by Villepin to investigate the Clearstream accounts suggested Chirac had in fact asked for the military intelligence officer to investigate the matter.

Villepin has said Chirac did not order an inquiry into the list and Chirac's office repeated a statement he made last year denying that he had asked for any probe of political figures.

Sarkozy served as interior minister and briefly finance minister under Chirac from 2002 until earlier this year.

Chirac, 74, did say, however, the he was ready to answer questions about cases linked to events before his presidency.

Many of them are connected to his 18 years as mayor of Paris.

Dossiers include accusations he presided over a system of fake jobs created for members of his conservative party and their allies. Some Chirac associates have been convicted of embezzlement, corruption or electoral fraud and been given suspended jail terms and fines.

Chirac has denied any wrongdoing and his lawyer, Jean Veil, has declined to comment on the cases.

REUTERS PDS BST0747