The Nation Breaking News

Court finds EC guilty in historic ruling

Three EC commissioners thrown behind bars, losing status

BANGKOK: -- The Criminal Court Tuesday convicted the three election commissioners in malfeasance and jailed them immediately, causing them to automatically lose their status.

The three commissioenrs were found guilty of violating the election law and sentenced to four years in jail. Their election rights were also revoked for ten years.

The court found EC chairman Vasana Puemlarp, EC members Prinya Nakchadtree and Virachai Naewboonnien guilty of mishandling the April 2 election and a subsequent election.

The court declined to suspend the jail term against them.

The huge crowd waiting to hear the verdict at the court erupted in cheers.

The three were led by court officials to be detained inside the cell at the court pending their appeal.

The suit was filed against the three EC commissioners by Democrat deputy secretary-general Thavorn Sennium on April 18.

Thavorn alleged the three with violating the Criminal Code and MPs and Senators Election Act.

The court ruled that Thavorn had no authority to file the criminal charges citing the Criminal Code but the three EC commissioners were found guilty of violating the MPs and Senators Election Act.

-- The Nation 2006-07-25

I have been following this court case and many others with great interest. This is really a great result IMO.

I think the the non suspension of the jail sentences will aid in turning the convicted into willing informants against those who co=opted them these many years. Really great news.

Positive change is purifying, whether it be in government agencies or elsewhere. Strikes a blow against those that think because something has "always been that way" things can't get better.

Well ... not that this doesn't open a whole NEW bag of worms!

1) How will the Oct 15th elections come off?

2) What will happen with the next round of court cases?

Well now that the courts have decided that not only were the Apr2nd snap elections illegal ... but that the EC was not working for "Democracy"; we have a chance to see what happens next!

This certainly does open up a new can of worms, I can't believe some politicians are already saying that maybe they still don't have to resign!!! And can still carry out the elections, some will never admit defeat.

If there is a new selection process will there be interference by TRT???

Should be interesting, who knows what the EC were up to in the last election, probobally much more than we know, Thaksin really didn't want these guys to go.

At last there seems to be light at the end of the long tunnel

This certainly does open up a new can of worms, I can't believe some politicians are already saying that maybe they still don't have to resign!!! And can still carry out the elections, some will never admit defeat.

If there is a new selection process will there be interference by TRT???

Should be interesting, who knows what the EC were up to in the last election, probobally much more than we know, Thaksin really didn't want these guys to go.

The pure desperation to keep this totally discredited EC in position defies belief. All it leaves you wondering is what is being hidden.

It seems quite obvious that the reconcilliation approach is Mr. Thaksin gets the election he wanted when he wanted it, but without his EC. That seems fair. Surely TRT have nothing to worry about with a neutral and respected EC.

Four years loss of liberty is severe punishment.

There must have been evidence of some really "dirty work at the crossroads".

What was it?

Wouldn't surprise me if the appeal date was set for soon after the next election, maybe even the day after to make a statement. Then they might be found guilty but released on time served.

Pure guesswork ofcourse, but the courts do have a habit of setting dates at times that seem to say something.

There must have been evidence of some really "dirty work at the crossroads".

What was it?

When Wasana suddenly darted of to Australia it was no coincidence that he was seated next to TRT financier, though it surely is not in the courts' notes.

Hey in the worse case scenario you could have an election run by a bunch of criminals.

"We knew all along, sadly" - from Austin Powers.

Now they are ligally criminals.

Appeal must be lodged in 30 days, the last day is August 25, when the election decree will be in force. There are conflicting opinions on whether the EC can claim immunity from arrest and prosecution provided during elections.

Looks like if they are jailed now they'll lose their jobs right away and can't claim protection anymore. I think that's one of the conditions in the laws - suspended sentence would let them stay in their jobs, they need to be jailed.

Let's see what the verdict is exactly and how it is explained. At the moment it looks like revenge from CC for not complying with "advice".

The most recent report on The Nation mentions the following:

iTV reported that atmosphere at the Criminal Court was rather chaotic as pro-EC people tried to prevent Democrat members from leaving the court.

EC supporters threw water bottles against Democrat secretary-general Suthep Thaugsuban while he was about to leave the court and hurled abuses against him, causing him to retreat back to the court.

Keeping it all rather civil.

I'm really happy about this result. I hope that a set of 5 new Election Commissioners can come in, and we can have public confidence restored in the whole process.

I've never blamed Thaksin for doing what he can to survive. That is what politicians do. But when the EC refused to accept responsibility for their failed elections, their days were numbered. Leadership 101 - If people working under you commit criminal acts, you, as the their supervisors, are responsible for their conduct.

Thanks to the criminal court for holding someone responsible!!!!

As a guide or precedent on this, whatever happened to the Anti-corruption committee that was found guilty of corruption? Did they go to jail? Did they lose their jobs?

(Actually I really don't know what happened to them - though I could hazard a guess....)

Court rules 4 years jail for 3 election commissioners

BANGKOK: -- Thailand's Criminal Court Tuesday ruled four-year jail terms for the country's three embattled election commissioners, finding them guilty of misconduct and banning them from playing any official part in organising and supervising the country's elections for 10 years.

The three commissioners--Pol. Gen. Vasna Puemlap, Prinya Nakchudtree and Virachai Naewboonnien--though accepting the court's verdict, vowed to fight the case in the Court of Appeal.

The trio were charged in a case lodged by Deputy Secretary General of the opposition Democrat Party Thaworn Senniam of violating Article 157

of the Criminal Law and the Articles 24 and 42 of the statute regarding the election agency for misconduct in organising the April 23 by-election without a legal mandate and in circulating a letter to provincial election commissioners favouring ruling Thai Rak Thai (TRT) Party candidates who failed to win 20 per cent of the total eligible

vote.

If the court turns down the three commissioners' proposed payment of bail, their legal status as national election supervisors will immediately end.

After the death of one election commissioner and the resignation of another, the remaining three commissioners have been pressured by critics of the government, as well as the oppostion bloc to step down to pave the way for election of a new five-member elections panel to oversee the country's elections.

--TNA 2006-07-25

This is a most surprising and positive development.

Prinya insists three EC commissioners' status still valid

Election commissioner Prinya Nakchudtree insisted that the three EC members have not yet lost their status.

Speaking in phone interview with Nation TV, Prinya said the case against the EC has not been finalised by the Supreme Court yet.

Prinya said he expected the Criminal Court would allow the EC to be released on bail.

Prinya said the three EC would remain to work to comply with His Majesty the King's to see clean and fair election.

He said it would be up to the Constitution Court to decide whether the three EC members had lost their status because the Criminal Court revoked their election rights for ten years.

The Nation

Meanwhile...

Council of State says 3 EC members' status no longer valid

The Council of State Tuesday reported to the Cabinet that the three election commissioners have already lost their status following a court ruling against them.

Government Spokesman Surapong Suebwonglee told reporters that a senior official of the Council of State informed the Cabinet that the three EC commissioners' status was no longer valid.

Following the interpretation by the Council of State, caretaker Prime Minister Thaksin Shinawatra affirmed with reporters that the three EC members had lost their status and the process to select a new EC could begin right away.

The Nation

If the court turns down the three commissioners' proposed payment of bail, their legal status as national election supervisors will immediately end.

Mmm. A way out. What a pity. It is not over yet.

I just see other news added. I guess we just have to wait and see.

Nevermind, the wheels are finally turning.

This is a super splendid slap in the face of the EC weeds. Thaksin next.

Now that the Government spokesman and Mr. Thaksin have spoken it seems things will move ahead.

From the Nation

Caretaker Prime Minister Thaksin Shinawatra Tuesday expressed confidence that the new Election Commission would be appointed in a month and in time for organizing the October 15 election.

Apparently he believes the supreme court have already selected new EC memebers so the process wont take long.

It is starting to look like a deal has been worked out behind the scenes.

Election on Oct 15. New EC. More details in the future no doubt.

I wonder if anyone told the EC.

hahahahahahahahahahahahahahahahahaha

Vasana infuriated by opponents' boo's

Election Commission chairman Vasana Puemlarp was seen as becoming angry while walking into the Criminal Court when an anti-EC crowd shouted demand for the EC to resign.

Vasana was seen being restrained by his aides when tried to walk to the crowd.

Finally, the aides ushered Vasana into the court room while the crowd kept on shouting "EC get out".

The Nation

I wonder if they wish they had resigned now? Did they really not know what was coming? It sure now looks like everyone else did.

Thaksin believes new EC to be appointed in one month

Caretaker Prime Minister Thaksin Shinawatra Tuesday expressed confidence that the new Election Commission would be appointed in a month and in time for organizing the October 15 election.

Thaksin said he believed the Supreme Court already had its choices of EC commissioners so the process to select a new EC would not take longer than a month.

The Nation

===================================================

Supreme Court wait for Senate speaker's request for starting EC selection

The secretary to the Supreme Court said Tuesday that the court is awaiting a request from caretaker Senate speaker Suchon Chaleekrua before initiating a process to select a new election commission.

Wirat Chinwinijkul, secretary to the Supreme Court, said the Supreme Court could begin the EC selection process if the Suchon sent the court a request.

The Nation

Deputy TRT head states EC ruling not final

The deputy head of the Thai Rak Thai Pongtep Tepkanjana (พงศ์เทพ เทพกาญจนา) states that the legal proceedings against the members of the Election Commission has not been finalised yet.

Mr. Pongtep stated that the incident in which the Criminal Court arrived at verdicts entailing imprisonment for each of the members of the Election Commission was not yet final, and that the situation warranted further observation as to whether the sentences will be carried out or not.

Mr. Pontep stated that if the members of the Election Commission were indeed relieved of their duties, then it would be the Senate Chairman's responsibility to report the proceedings to the Supreme Court so that a list of suitable replacement candidates can be obtained.

The deputy head of the TRT said that he could not confirm whether or not the search for new EC members would affect the upcoming elections on October 15.

Source: Thai National News Bureau Public Relations Department - 25 July 2006

From the original opening post:

The court ruled that Thavorn had no authority to file the criminal charges citing the Criminal Code...

Can anyone shed some light on this?

I think the 3 will be thrown to the wolves now, there is no benefit in protecting them and anything they say is discredited by association. The court may even turn down their bail. The next let may not be any better, but they will be under scrutiny this time.

Well they have had their bail application denied and are on their way to jail. It will be hard for them to cling on now.

EC Commissioners head to jail

From the Nation

The country is showing that something has changed. It was unthinkable only few years ago that people upraise against the government and against the corruption. They need to fight for their right to be a real democracy and not only on the paper.

The huge crowd waiting to hear the verdict at the Criminal Court .

Hot news !!!

Election Commission chairman Vasana Puemlarp arrived at the Criminal Court.

God help me plz.

Pol.Lt.Gen. Aekkachai Warunpapha. ( Secretary-general of EC )

Democrat deputy secretary-general Thavorn Sennium

The EC, in hot water since the Constitution Court nullified the April 2 snap election.

Violating the election law and sentenced to four years in jail.

It is time to change and send them to jail

It's clear they've gone kicking and screaming all the way. With that type of behaviour it's predictable what's going to come next from the EC guys: the finger-pointing.

Why not? They haven't got much more to loose now.

This certainly does open up a new can of worms, I can't believe some politicians are already saying that maybe they still don't have to resign!!! And can still carry out the elections, some will never admit defeat.

If there is a new selection process will there be interference by TRT???

Should be interesting, who knows what the EC were up to in the last election, probobally much more than we know, Thaksin really didn't want these guys to go.

The pure desperation to keep this totally discredited EC in position defies belief. All it leaves you wondering is what is being hidden.

It seems quite obvious that the reconcilliation approach is Mr. Thaksin gets the election he wanted when he wanted it, but without his EC. That seems fair. Surely TRT have nothing to worry about with a neutral and respected EC.

Yeah THROW the BUMS in Jail, look likes that was the only way they would go.

Wow and the World is watching

the CIA better change their credit rating on Thailand

now it says stable democratic country

NOT

I dont see this as a positive move I see it as another straw to break the back.

It shows this country is not politically stable

Add this to all the other nonsense thats gone on over the past 5 years and Thailand really needs to pull a rabbit out of the hat or else OS investment will go to Malaysia and Vietnam

Its already started in case you dont read the papers