Election Commission Faces Crucial Court Ruling Today

[Jai Dee]

Election Commission faces crucial court ruling today

The Criminal Court will decide today whether to accept a malfeasance lawsuit against key members of the Election Commission brought by the Democrat party in one of several legal cases against the independent body.

After conducting preliminary hearings on two malfeasance lawsuits filed against the EC yesterday, the Criminal Court will decide this afternoon whether to accept or to drop the suit filed by Democrat deputy secretary-general Thaworn Senniam.

It is the first time malfeasance charges have been brought against the EC at the Criminal Court, which is scheduled to rule on a second charge on Monday brought by Suthep Thaugsuban, the Democrat secretary-general, who is accusing the EC of abetting the Thai Rak Thai party of caretaker Prime Minister Thaksin Shinawatra during the April 2 general election.

Thaworn is suing EC chairman Wasana Permlarp and commissioners Prinya Nakchudtree, Virachai Naewboonnien and Gen Charupat Ruangsuwan (who recently resigned), along with Ekachai Warunprapha, the EC secretary-general, for violating Article 157 of the criminal code.

He accused EC members of allowing many TRT candidates to switch constituencies after failing to win seats in the April 2 general election in an attempt to circumvent the constitutional requirement that unchallenged candidates must receive at least 20 percent of the vote.

In his court testimony, Thaworn said the EC’s decision to hold the general election just 38 days after Thaksin dissolved Parliament on February 24 clearly favored the TRT party.

“It provided a clear advantage for the TRT party,” Thaworn said.

EC members had petitioned the court to postpone the hearing, saying they had insufficient time to prepare. The court refused the request on the grounds that the accused had been notified on April 25 of the charge and had ample time to prepare their defence.

In the case filed by Suthep, the EC is accused of deliberately failing to take action against the TRT party for hiring candidates from small political parties to contest the election to get around the 20 percent of the vote requirement, following the election boycott by the Democrat, Chat Thai and Mahachon parties.

During the hearing yesterday, Suthep produced print-outs from a closed-circuit camera showing Pattana Chat Thai party leader Chawakarn Tosawat at the Defense Ministry on March 3.

Defense Minister Thammarak Isarangura Na Ayutthaya dismissed allegations about the photos as nonsense and said there were no CCTV cameras in the ministry.

Other than the malfeasance lawsuit, Suthep also filed libel charges against the EC, whose own sub-committee he claimed supported the Democrat’s allegations EC commissioner Prinya Nakchudtree yesterday dismissed the charges, insisting that the commission had stuck to the letter of the law when organizing the election, despite its subsequent annulment by the Constitutional Court.

“We [EC commissioners] are ready to fight in any court,” he said. “It is not a problem but we urge the media to report events accurately.”

Meanwhile, Pongthep Thepkanjana, a deputy TRT leader and law expert cast doubt on the suggestion that EC members were immune from prosecution under Article 148 of the Constitution.

“EC members do not have to comply with police summonses but they must respond to court summonses,” he said. “It is necessary to have this rule protecting EC commissioners during the implementation of a royally decreed election. If not…EC commissioners could be sued during an election,” Pongthep said A legal expert also cast doubt on claims that the court cases would be rapidly concluded. “These cases will not be completed quickly as rumored,” said Jade Donavanik, law dean at Siam University.

“Even if the court accepts them, unless the court expedites the case, the cross-examination of witnesses and postponements could mean that it will be the end of the year before a verdict is reached.”

There are further charges in the pipeline being brought against the EC. The first is a malfeasance charge filed by former Ubon Ratchathani senator Nirand Phitakwatchara, who claims that the way polling booths were arranged violated the secret ballot rule.

Source: ThaiDay - 30 May 2006

[Jai Dee]

Election commissioners to face trial

Election Commissioners will go on trial to face charges of malfeasance after the Criminal Court yesterday accepted a lawsuit filed by a Democrat executive who alleged the EC had favored the Thai Rak Thai (TRT) in recent by-elections.

Thaworn Senniam, deputy secretary-general of the Democrat party, filed charges against EC chairman Wasana Permlarp and commissioners Prinya Nakchudtree, Virachai Naewboonnien and Charupat Ruangsuwan – who resigned from the EC two weeks ago.

However, the court rejected the charges being made against the EC itself, on the grounds that it is a juristic body, and against Pol Maj-Gen Ekachai Warunprapha, the EC secretary-general, whom the court said merely performed administrative duties.

The commissioners face two charges of malfeasance for allowing candidates who had failed to win parliamentary seats in the failed April 2 election to contest subsequent by-elections in different constituencies and for ordering provincial election directors to allow candidates to make the move.

Thaworn said the decision to hold the general election just 38 days after Thaksin Shinawatra dissolved Parliament on February 24 clearly favored the TRT.

Thaworn welcomed the court’s announcement but said he would appeal its decision not to hear charges against the EC and Ekachai.

All four defendants have been arraigned to appear before judges on June 19, when they will either be bailed or arrested.

Thaworn said he would challenge applications for bail. “They might cause problems for the new election,” Thaworn said.

The commissioners’ plight is set to continue when the Criminal Court decides next Monday whether to accept another case brought against them and filed by Suthep Thaugsuban, the Democrat secretary-general, who on Monday produced video evidence that he claimed showed the leaders of small parties outside the office of the caretaker Defense Ministry, Gen Thammarak Isarangura Na Ayutthaya, ahead of the April 2 general election.

Gen Sirichai Thanyasiri, an aide to Gen Thammarak, dismissed Suthep’s “evidence” and said the minister was unconcerned about the allegations.

Gen Thammarak initially claimed that there were no close-circuit television cameras at the Defense Ministry, but Gen Sirichai yesterday contradicted his boss and admitted there were cameras at the ministry.

Gen Sirichai added that there would be an internal probe into the alleged meeting at the ministry and that it would conclude in a few days.

Suthep is accusing the EC of allowing the TRT party to secure an easy election victory by permitting unchallenged candidates to get round the rule stipulating that they must win 20 percent of the vote by allowing the TRT party to hire small parties to contest seats.

Suthep also claimed the EC’s own investigative subcommittee supported the Democrat’s allegations.

Source: ThaiDay - 31 May 2006

[Jai Dee]

EC chairman Vasana Puemlarp has been accused, along with three other EC members, of abuse of power to help the ruling Thai Rak Thai Party win the April 2 poll.

Source: The Nation - 31 May 2006

[penzman]

Shirt collar feelin' a lil' tight dun it?

[sriracha john]

UPDATE... with even more sinister charges

Former Election Commissioners under probe

The Election Commission has set up two fact-finding teams to investigate the fact that the former election commissioners failed to take action in thousands of electoral fraud cases by the legal deadline, which resulted in allowing several alleged wrongdoers to walk free, a source said Sunday.

The first team, headed by EC deputy secretarygeneral Prawing Kachachiva, will try to determine why in many of the cases, judgements were made by the election commissioners but no official verdicts were completed by the one year deadline, said the source.

In other cases, the written verdicts contained no signatures of the election commissioners, which made the orders ineffective.

According to the statute of limitations, the EC has one year after endorsing an election result to take action in an electoral fraud case - whether to call a new round of voting or disqualify the offending candidates.

The second factfinding team, headed by EC inspectorgeneral Pokkrong Sunthornsut, is investigating as to why the former election commissioners failed to meet the deadline in so many cases, according to the source.

The two teams have 30 days to complete their tasks, the source said.

The three last members of the previous EC - its chairman Vasana Puemlarp, Prinya Nakchudtree and Virachai Naewboonnien - were sentenced to jail by the Criminal Court for negligence in organising the April general elections, which were later invalidated by courts.

- The Nation

--------------------------------------------------------------

I realize it may be "too stressful" in prison for them, but these guys need to be put back in.

Enlightening to hear the latest charges. These Thaksin "yes-men" need to learn the ramifications of their actions... or the inactions mentioned in the article.

[Tony Clifton]

We'd love to see which party won at having the most "offending candidates."

[joe beets]

G-d knows I'm no expert on these matters, so I'm just asking -

What is the upside to having statutes of limitations (vis-a-vis time) built into so many of these laws?

Is there something more to them than being convenient escape hatches for those with the right kind of connections and/or representation?

TIA -

jb

[Briggsy]

G-d knows I'm no expert on these matters, so I'm just asking -

What is the upside to having statutes of limitations (vis-a-vis time) built into so many of these laws?

Is there something more to them than being convenient escape hatches for those with the right kind of connections and/or representation?

TIA -

jb

www.thaivisa.com/forum/index.php?showtopic=90155&view=getnewpost

[sriracha john]

UPDATE

This thread utilized for an update as EC Guilty! All three now in jail was unforturnately closed:

Election Commission probing actions of previous members

The Election Commission (EC) is investigating irregularities involving its former members under the chairmanship of Vasana Puemlarp in connection with last year's botched general election.

The investigation has been prompted by the Office of the Auditor-General, which found cause last month to suspect graft violations.

In her report, Auditor-General Khunying Jaruvan Maintaka identified three suspected wrongdoings.

First, the previous EC authorised the disbursement of Bt1.12 million but had no records to show how it was spent.

Second, it bypassed the normal bidding process in awarding many contracts for electoral preparations, without justification.

Third, it suspiciously hired a printing firm that had no track record in the printing industry to supply the ballot papers. It might also have helped the firm to evade paying value-added tax on the contract.

Acting on Jaruvan's report, EC secretary-general Suthiphon Thaveechaigarn set up an 11-member fact-finding panel before moving on to the indictment stage.

The panel confirmed Jaruvan's findings in a meeting on Tuesday and has scheduled another meeting after the Songkran holiday to determine the extent of the damage caused by Vasana and the other ex-commissioners.

- The Nation

[stoneman]

UPDATE

This thread utilized for an update as EC Guilty! All three now in jail was unforturnately closed:

Election Commission probing actions of previous members

The Election Commission (EC) is investigating irregularities involving its former members under the chairmanship of Vasana Puemlarp in connection with last year's botched general election.

The investigation has been prompted by the Office of the Auditor-General, which found cause last month to suspect graft violations.

In her report, Auditor-General Khunying Jaruvan Maintaka identified three suspected wrongdoings.

First, the previous EC authorised the disbursement of Bt1.12 million but had no records to show how it was spent.

Second, it bypassed the normal bidding process in awarding many contracts for electoral preparations, without justification.

Third, it suspiciously hired a printing firm that had no track record in the printing industry to supply the ballot papers. It might also have helped the firm to evade paying value-added tax on the contract.

Acting on Jaruvan's report, EC secretary-general Suthiphon Thaveechaigarn set up an 11-member fact-finding panel before moving on to the indictment stage.

The panel confirmed Jaruvan's findings in a meeting on Tuesday and has scheduled another meeting after the Songkran holiday to determine the extent of the damage caused by Vasana and the other ex-commissioners.

- The Nation

Does anyone know for sure that the 3 previous election commissioners that were convicted and sentenced to jail actually ever went to jail...Or are they still free and their appeal will be heard sometime in 2020?

[sriracha john]

UPDATE

This thread utilized for an update as EC Guilty! All three now in jail was unforturnately closed:

Election Commission probing actions of previous members

The Election Commission (EC) is investigating irregularities involving its former members under the chairmanship of Vasana Puemlarp in connection with last year's botched general election.

The investigation has been prompted by the Office of the Auditor-General, which found cause last month to suspect graft violations.

In her report, Auditor-General Khunying Jaruvan Maintaka identified three suspected wrongdoings.

First, the previous EC authorised the disbursement of Bt1.12 million but had no records to show how it was spent.

Second, it bypassed the normal bidding process in awarding many contracts for electoral preparations, without justification.

Third, it suspiciously hired a printing firm that had no track record in the printing industry to supply the ballot papers. It might also have helped the firm to evade paying value-added tax on the contract.

Acting on Jaruvan's report, EC secretary-general Suthiphon Thaveechaigarn set up an 11-member fact-finding panel before moving on to the indictment stage.

The panel confirmed Jaruvan's findings in a meeting on Tuesday and has scheduled another meeting after the Songkran holiday to determine the extent of the damage caused by Vasana and the other ex-commissioners.

- The Nation

Does anyone know for sure that the 3 previous election commissioners that were convicted and sentenced to jail actually ever went to jail...Or are they still free and their appeal will be heard sometime in 2020?

The three Election Commissioners were convicted of malfeasance on July 25, 2006 and sentenced to four years in prison. They were jailed immediately at the Bangkok Remand Prison :

http://www.thaivisa.com/forum/index.php?sh...=76815&hl=#

Subsequently, they were released on bail on July 28, 2006 after having served 3 days in prison:

http://www.thaivisa.com/forum/index.php?s=...st&p=827802

I've not seen any reports since then of them returning to prison.

[sriracha john]

CORRUPTION

Previous poll body faces another probe

A five-member special panel yesterday started investigating initial findings of fraudulent spending by the Election Commission under the chairmanship of Wasana Permlarp for the elections of the House of Representatives and the Senate last year. Auditor-General Jaruvan Maintaka chairs the panel which also has representatives from the Finance Ministry, Budget Bureau, the OAG and the Council of State sitting on it, said EC secretary-general Suthipol Taweechaiyakarn. The EC, under Mr Wasana's chairmanship, opted for special methods when it came to awarding companies contracts to publish public relations materials, said the OAG. The agency also chose to hire the same group of firms despite the fact that they had no expertise for the job. Some directors were the same for all firms, and the firms shared the same office addresses, the letter says. Certain departments of the agency also failed to present receipts of expenditure to the OAG and the panel should find out if the expenditure actually existed, the letter says.

Continued here:

http://www.bangkokpost.com/News/05May2007_news11.php