Thai Democrats Legal Woes Not A Crisis

[webfact]

BURNING ISSUE

Democrats' legal woes not a crisis

By Avudh Panananda

The Nation

At the end of the day, the Democrat Party dissolution case is likely to generate so much hoopla without any tangible impact on the political landscape.

Even in a worst case scenario, an unfavourable verdict might cause some inconvenience to the Democrats - but politicking will carry on as per usual. Past cases for disbanding did not bring about major change. And the case involving the Democrats will not be any different.

In fact the ruling party's legal predicament is much less severe than the charges faced by two disbanded parties, Thai Rai Thai and People Power.

The judicial decisions for Thai Rak Thai and People Power were about electoral fraud, an offence punishable by the mandatory party dissolution and a five-year ban on party executives.

The Democrats are fighting charges related to the party's financial records. The Political Parties Act was amended after the 2006 coup. In case of conviction on party finance, the punishment does not automatically apply to all Democrats sitting on the party executive board.

Prime Minister Abhisit Vejjajiva is unlikely to be disqualified from holding office regardless of the outcome of the judicial review. There is no justification to draw a hasty conclusion on the future of the coalition alliance.

Abhisit's predicament could not be compared to what befell his two predecessors, Samak Sundaravej and Somchai Wongsawat.

From the viewpoint of the red shirts, there can only be one verdict for the Democrats - guilty as charged. But the pertinent legal issues indicate the case is not so clear-cut.

In the last general election, the Election Commission allocated Bt29 million to the Democrats as part of the state subsidies for party development.

The party spent the funds in a deal for campaign billboards. The initial audit found no foul play although the billboards were about one centimetre short of the regulated version.

There was no evidence of ill-gotten gains, or the intent to downsize the billboards, which was not in the party's interest to have a smaller display without any price reduction.

The EC attached no priority to the case. After the then ruling People Power Party faced two successive court battles, resulting in the removal of Samak and Somchai from office, the reprisal campaign gained momentum to target the Democrats for dissolution.

Pressing their demands, the red shirts rallied in April to pressure the EC to petition for a judicial inquiry into the Democrats' finances.

Scrutiny into the Bt29 million party finances was put on a fast-track review. In less than a month after the red shirts besieged the EC headquarters, the case was submitted to the Constitution Court.

The high court is scheduled next month to start its inquiry into the alleged financial irregularities. If past cases are any indication, the inquiry and the verdict will take about eight months.

The gist of the case is whether the Democrats rigged the party financial records in the face of the substandard billboards. If convicted, the high court will mete out penalties based on provisions enacted before or after the power seizure.

Although the red shirts and the opposition lawmakers are predicting with glee the Democrat dissolution and the disqualification of Abhisit, legal pundits are saying the verdict can go either way.

The Democrats have yet to fight a pending case related to Bt258 million in campaign finance which was allegedly laundered as publicity payments before being channelled back to the Democrats.

In both cases, the worst that can happen is the bruising of some egos for the failure to sustain the oldest political party. But the Democrats will remain on the scene under a different banner.

-- The Nation 2010-07-13

[Guest]

An article that says nothing at all about the future of the existing government should the democrat party be dissolved. Most of this article talks about the billboard nonsense, but only a passing reference to the alleged payments by TPI, which even Chuan said was 'worrying'. How about a real piece of journalism discussing the real possibilities should the democrats and their senior executives get the chop.

[webfact]

Democrat Party Dissolution Case to Reach Court This Afternoon

Prosecutors will go ahead with filing a petition to the Constitutional Court this afternoon to dissolve the Democrat Party after having found substance in the illegal campaign donation case.

Deputy Attorney-General Waiwut Lortrakul said officials have finished preparing a 100-page petition seeking the dissolution of the Democrat Party.

It will also request that the rights of 40 Democrats to run for political office be suspended for 5 years.

The petition is being submitted in relation to the allegedly unlawful donation made by TPI Polene in the amount of 258 million baht.

He said the document is being reviewed by Attorney-General Julasingh Wasantasingh and is expected to be sent to the Constitutional Court this afternoon unless changes need to be made.

-- Tan Network 2010-07-13

[Rucharee]

Like always.

Democrat will pull through.

The court case is for show own.

[webfact]

Thai prosecutors seek ban on ruling party, executives

BANGKOK (AFP) -- Thai prosecutors urged a court Tuesday to dissolve the ruling party and ban executives including Prime Minister Abhisit Vejjajiva from politics for five years over alleged illegal funding.

In one of two cases pending against Abhisit's Democrats, the party is accused of concealing a donation of 258 million baht (eight million dollars) from a private company spent during the 2005 election campaign.

"The attorney general today submitted a case against the Democrat Party to the Constitutional Court over the 258 million baht donation, seeking the Democrat Party's dissolution," said a state attorney, Vinai Dumrongmongcolgul.

"We also asked the court to ban party executives who held positions from late 2004 to early 2005 -- about 40 to 50 people," he asked reporters.

Abhisit was deputy leader of the Democrats -- Thailand's oldest party -- at the time.

"Whatever the court verdict, we will respect and follow it," Abhisit told reporters Tuesday.

Another case against the Democrats, involving allegations of misuse of a state grant, is already under the deliberation of the Constitutional Court and could also lead to the abolition of the party.

Deputy Prime Minister Suthep Thaugsuban denied reports that the Democrats had already registered a new party to move to if the court rules against them.

Suthep also dismissed speculation that Abhisit might dissolve the lower house of parliament for elections before the court reaches a decision, but admitted he was worried about the legal proceedings.

"It's normal that I am concerned about the case as I have been with the party for 31 or 32 years," he said.

The election commission issued a surprise call in April for the Democrats to be abolished over the allegations.

The recommendation came during a tense standoff between the government and "Red Shirt" protesters that descended into violence which left 90 people dead and about 1,900 injured, ending in a bloody army crackdown in May.

The Red Shirts accuse the government of being undemocratic because it came to power in 2008 after the Constitutional Court ousted allies of their hero, ex-premier Thaksin Shinawatra.

-- (c) Copyright AFP 2010-07-13

[kissdani]

Like always.

Democrat will pull through.

The court case is for show own.

You can bed on this, we will see the dissolution of the Democrats and a ban of the party executives including M-16 May Massacre Mark.

[way2muchcoffee]

Like always.

Democrat will pull through.

The court case is for show own.

You can bed on this, we will see the dissolution of the Democrats and a ban of the party executives including M-16 May Massacre Mark.

What happened to you kissdani? At one time you posted measured comments and incisive analysis. Lately you seem to have given that up and instead turned to pure propaganda nonsense and hate speech. M-16 May Massacre Mark? Really? Disappointing to see the change in your style.

[ThaksinKharma]

Like always.

Democrat will pull through.

The court case is for show own.

You can bed on this, we will see the dissolution of the Democrats and a ban of the party executives including M-16 May Massacre Mark.

What happened to you kissdani? At one time you posted measured comments and incisive analysis. Lately you seem to have given that up and instead turned to pure propaganda nonsense and hate speech. M-16 May Massacre Mark? Really? Disappointing to see the change in your style.

Reditis is a relatively new affliction characterized by denial, distorted reality, and obfuscation.

[hammered]

Of course the charges against the Dems are not as bad as the electoral fraud charges against TRT and PTP with clear cut evidence. Only a moron or red operative wouldnt see that. And of course the 1cm billboard issue which the EC were pressured into recommending disbandment over while having their addresses read out on the red stage as the armed reds marauded at will unhindered by those meant to uphold law and order and being told they would not be safe if they didnt disband the dems is utterly ludicrous to anyone who isnt a moron or red operative. I also hope the red leaders who made the threats and gave out the addresses have been charged. That is not democracy and anyone who uses such tactics is no advocate of democracy

However the TPI donation case, although not in the realm of electoral fraud TRT style, is a danger to the Dems if the circumstantial evidence surrounding it holds out and could easily see action taken. However that action will be taken under the previous laws and if relating to party executives will be aimed at those who were party execs at that time. As pointed out the judges are not mandated into disolution o this case as it isnt about electoral fraud, which also opens up possibilties of lesser punishments.