Second Thai Democrat Party Dissolution Case Intact: Prosecution

[webfact]

Second Democrat Party dissolution case intact: prosecution

By The Nation

The litigation seeking to disband the Democrat Party remains on course despite yesterday's defeat on a first case, chief prosecutor Thanapit Mulpruek said on Tuesday.

The second case is based on charges related to the alleged Bt258 million money laundering, he said. The Democrats have been accused of involving in a bogus deal to siphon money from a listed company TPI.

Thanapit said he was confident the judicial review on the second case would not end in a dismissal on legal technicality like the first case. The charges were different and hinged on differing legal procedures, he added.

He said the prosecution was ready pending the high court setting a start of inquiry.

-- The Nation 2010-11-30

[JetsetBkk]

Wonderful. Lets hope the Reds don't forget to put a stamp on the envelope or whatever it was that caused the first case to be kicked out.

[givenall]

Wonderful. Lets hope the Reds don't forget to put a stamp on the envelope or whatever it was that caused the first case to be kicked out.

Thailand The Big Joke.

I have given up in Thailand politic, and soon on Thailand all together

No wonder everyone is thinking only for themselves and take what they can while they can

[rubl]

This second case filed by the E.C. against the Dem's had already been accepted for consideration, but could not proceed decently without the first case finished first. Now the court has to set dates for first statements. Then decide about how many days to hear witnesses from both sides, set the dates, do the hearings, deliberate pro/con, come to a verdict.

With even less direct evidence it's bound to be really 'sanuk' again with conflicting statements, hearsay, etc., etc.

A working legal system in action.

[jayboy]

This second case filed by the E.C. against the Dem's had already been accepted for consideration, but could not proceed decently without the first case finished first. Now the court has to set dates for first statements. Then decide about how many days to hear witnesses from both sides, set the dates, do the hearings, deliberate pro/con, come to a verdict.

With even less direct evidence it's bound to be really 'sanuk' again with conflicting statements, hearsay, etc., etc.

A working legal system in action.

Let's all take a wild guess at the outcome.Answers on a postcard please.....

[webfact]

2nd Democrat Dissolution Case Seen Unfailing

A senior public prosecutor is confident another dissolution case against the ruling Democrat Party will not again be dismissed on technical grounds.

A member of the prosecution team responsible for the Democrat Party's allged abuse of 258 million baht in donation from TPI company, Thanawit Mulpluek, said he is confident about the case against the Democrats.

He explained that the 258 million baht donation case was submitted to the Constitution Court months ago.

Thanawit said he is confident the case will not be dismissed on grounds similar to an earlier dissolution case involving the 29 million baht political party development fund made by the Election Commission to the Democrats.

The ruling coalition party was acquitted after the Constitution Court ruled that the political party registrar did not file the case within 15 day deadline after learning of the alleged wrongdoing.

Thanawit said public prosecutors are still waiting for the court's decision whether to accept the case for trial.

He explained the dissolution case related to the Democrat Party's alleged illegal use of the political party development fund was different from the 258 million-baht donation case.

The party was accused of having obtained a donation of 258 million baht from petrochemical company TPI in 2005 without reporting it to the Election Commission.

-- Tan Network 2010-11-30

[jdinasia]

This second case filed by the E.C. against the Dem's had already been accepted for consideration, but could not proceed decently without the first case finished first. Now the court has to set dates for first statements. Then decide about how many days to hear witnesses from both sides, set the dates, do the hearings, deliberate pro/con, come to a verdict.

With even less direct evidence it's bound to be really 'sanuk' again with conflicting statements, hearsay, etc., etc.

A working legal system in action.

Let's all take a wild guess at the outcome.Answers on a postcard please.....

If the reports coming out are accurate ... and there is little or no paper trail to follow ... the results would be what they would be anywhere. Not enough evidence to prove guilt.

[creck]

"Thanawit said he is confident the case will not be dismissed on grounds similar to an earlier dissolution "

Of course he's right. - They will think of new ones.

[Buchholz]

This second case filed by the E.C. against the Dem's had already been accepted for consideration, but could not proceed decently without the first case finished first. Now the court has to set dates for first statements. Then decide about how many days to hear witnesses from both sides, set the dates, do the hearings, deliberate pro/con, come to a verdict.

From yesterday, the same prosecutor mentioned in the OP, says:

Thanawit said public prosecutors are still waiting for the court's decision whether to accept the case for trial.

http://www.thailandoutlook.tv/tan/ViewData.aspx?DataID=1037990

Edited December 1, 2010 by Buchholz

[webfact]

Democrats to face second disbandment case

By The Nation

The Constitution Court has yet to convene and set a date commencing its inquiry into the alleged Bt258 million bogus campaign contribution involving the Democrats, judge Charan Pakdithanakul said on Wednesday.

The judicial review on alleged wrongdoing punishable be party disbandment will take place in the wake of Monday's verdict to dismiss the case on the Bt 29 million misuse of state fund.

Charan said he was uncertain about the inquiry date since the scheduling hinged on a collective decision made by nine judges of the high court.

For the Monday's decision, six of nine judges presided over the case but it remains unclear at this juncture whether all nine will sit on the second Democrat case, he said.

In related development, Election Commission member Prapun Naigowit said the second Democrat case was on tract to undergo the judicial review but it might have a lower profile since Prime Minister Abhisit Vejjajiva had no involvement in it.

Abhisit could have been disqualified from office if the Monday's verdict was unfavourable.

Lead defence lawyer Bandit Siripan said he will have to study the verdict on the first case before mapping out the legal strategy for the second case.

If the verdict has bearing on the second case, then the defence might petition the high court to treat the inquiry on the second case like an extension of the previous inquiry instead of repeating arguments presented in the first case, he said.

-- The Nation 2010-12-01

[hammered]

Pending disolution cases stand in the way of elections. Somchai didnt dare call one when PPP was facing it and likely Abhisit wont risk it. If a party is disolved after parlaiment is disolved, there is no time for members to join another party and stand in elections. Such a scenario would probably have fairly obvious consequences. All we need now is a case against PTP to be quickly put forward, a bit like the when TRT faced its first moment of truth and had it EC allies plant a quick Demo disolution.

We will see but it is probably in the interest of all poltical parties for all cases to fall clearing the way for an election. However, there may be a few extra-parliamentary forces and at least one smaller party that dont fancy this outcome

[webfact]

ECT says the donation case against the Democrat Party will be different from the misuse of funds

BANGKOK, 1 Deccember 2010 (NNT) -- In the wake of the court’s ruling in favor of the Democrat Party, Prime Minister Abisit Vejjajiva brushed aside claims that the win was a result of plaintiffs committing a foul play. However, he admitted that the donation and the election funds cases were not the same, thanks to the cases’ different legal grounds.

The Democrat Party is not out of the woods just yet. It is now facing another allegation in relation to the Party’s accepting the 258-million baht donation from TPI Polene Plc.

According to the report, although some of the members the Office of Election Commission of Thailand (ECT) had agreed that both cases: the donation and the misuse of 29 million baht grant, the decision was opposed by three of the ECT members despite the most powerful vote from the political registrar, Mr. Apichart Sukhagganond.

However, the Constitution Court’s verdict was based on the initial voting against the misuse of election funds in December last year, which eventually led to the decision to let the Party off the hook on grounds of technicalities. Despite differing views, the ECT said it was confident that history would not repeat itself, given the grounds to proceed in the two cases were different.

Meanwhile, the Pueh Thai Party said the verdict raised public suspicions, as the judges did not even consider the issue, adding that the Party’s legal team would study the Court’s verdict to prove their points.

-- NNT 2010-12-01

[webfact]

DEMOCRAT DISSOLUTION CASE

Second court ruling likely mid month

By Atthayut Butrsripoom

The Nation

The Constitution Court is likely to rule on the second dissolution case against the ruling Democrat Party around the middle of this month, without further hearings, a source said yesterday.

The charter court's justices met yesterday to discuss the trial in connection with Bt258 million in concealed political donations allegedly received from TPI Polene. They set next Thursday for their meeting with the two parties in the case, the source said.

On July 13, the Attorney-General's Office submitted the case and the court has spent four months considering the evidence and legal issues, but it is still unclear whether there will be a trial.

Witnesses were heard in the first case involving the party's alleged misuse of Bt29 million from the Political Party Development Fund. That case was brought by the Election Commission. The two cases have overlapping witnesses and evidence.

The EC source said the court had not scheduled a date for delivering the second verdict, but it would most likely not call more witnesses.

Constitution Court Judge Charan Pakdithanakul said the bench had yet to meet and set a date commencing its inquiry into the case.

The judicial review on alleged wrongdoing punishable by party disbandment comes after Monday's verdict dismissing the first case.

Charan said he was uncertain about the inquiry date, since the scheduling hinged on a collective decision made by the nine judges.

Six judges presided over the first case but it remains unclear whether all nine will sit on the second Democrat case, he said.

Election Commissioner Prapun Naigowit said the second Democrat case was on track for a judicial review but it might have a lower profile as Prime Minister Abhisit Vejjajiva had no involvement in it. Abhisit could have lost his office if Monday's verdict had been unfavourable.

Lead defence lawyer Bundit Siripan said he would have to study the first verdict before charting a legal strategy for the second case. If the verdict has a bearing on the second case, then the defence might petition the court to treat it as an extension of the previous inquiry instead of repeating arguments presented in the first case, he said.

-- The Nation 2010-12-02

[chuang]

DEMOCRAT DISSOLUTION CASE

Second court ruling likely mid month

By Atthayut Butrsripoom

The Nation

[said.

Another BIG JOKE is coming next month.....