2:56.56pm Chavakarn is claimed to be leaving for the Nimibutr Gymnasium to give the money to Pattana Chart Thai Party leader Boonthaveesak Amornsin to apply for the party-list election.

Democrat Party secretary-general Suthep Thaug-suban dropped a bombshell on the Thai Rak Thai Party on the first day of a Criminal Court trial against the election commissioners yesterday by producing damning evidence against General Thamarak Isarangura Na Ayutthaya.

Suthep produced what he claimed were printouts of closed-circuit television footage showing a senior figure of a small political party visiting the Thai Rak Thai deputy leader at his office at the Defence Ministry. Suthep alleged that the small party was paid to contest the April 2 general election.

The party was allegedly paid to help the ruling party skirt the requirement that its candidates garner at least 20 per cent of the vote in constituencies where they ran unopposed in order to take the seats.

"[These pictures] show that money was received from General Thamarak," Suthep told the four presiding judges.

Nine photographs that appeared to be printouts from security cameras at the front corridor of the minister's room were submitted as evidence. Copies were later distributed to the media.

The pictures show three close aides of Thamarak leading Chavakarn Tosawat, an executive member of the small and little-known Pattana Chart Thai Party, to the front of what is allegedly Thamarak's office. Photo number eight looks as if money is changing hands but the resolution is not clear enough to say for sure with the naked eye. All the photos were dated March 3 and the recorded times appear as 2.18pm and onward.

Thamarak yesterday questioned the credibility of the photos by asserting that no security cameras were installed at the stairway that leads to his office at the Defence Ministry, according to a source. Thamarak also denied knowing the politicians shown in the photos, nor did he pay them money, the source said.

"King Chulalongkorn built the [ministry's room] as a place for national security meetings, but they abused it," lead plaintiff lawyer Bundit Siriphan told The Nation.

Normally, senior officials charged with criminal offences are suspended from duty, but the election commissioners had exploited the protection they enjoy under the Constitution as members of independent organisations, he said.

"They are just like the Thai Rak Thai Party," Bundit said.

"The pictures speak for themselves and it's now up to the court," Suthep told The Nation. "But I know the Election Commission wants to buy time [in order to oversee another election]."

 While the judges examined the photographs, Suthep presented a second and equally damning piece of evidence.

He presented the leaked report by the Election Commission (EC) sub-committee looking into Suthep's petition, alleging senior Thai Rak Thai members paid two small parties to contest the April 2 election in order to skirt the minimum-vote requirement.

 Suthep told the court that the four commissioners led by Vasana Puemlarp had clearly ignored their sub-committee's conclusions. These included a recommendation that the commission file charges against caretaker Prime Minister Thaksin Shinawatra.

The 18-person sub-committee was led by Nam Yimyaem, a former chief judge of the Supreme Court.

Part of the last paragraph of the 17-page report, dated May 8, recommending the EC file charges against Thaksin, had earlier been leaked to the media.

 The section reads: "There exists enough evidence that the [violations] committed by [some people as] representatives of the Thai Rak Thai Party is in effect equal to an act committed by the party itself. The sub-committee investigating the truth unanimously agrees that charges should be filed against Thaksin Shinawatra, caretaker prime minister, as head of Thai Rak Thai Party, and [calls for] further investigation of the case in accordance with regulations."

 The four judges hearing the charges refused a plea by Jaturong Thepsuthin, the legal representative of the four election commissioners, to postpone the case until August.

Jaturong had argued that the four commissioners were busy preparing for another general election.

"This is an important case affecting democracy. The court cannot allow it to be postponed until August," Judge Boonna Jongnimitr-sathaporn said.

Jaturong told The Nation the four commissioners face more than 40 cases throughout the kingdom. He played down the magnitude of the photographs presented by Suthep.

"The photos can't explain much. We need experts to verify their authenticity," he said. "What's more, the plaintiff didn't take the photos [himself]. I think we can handle it. The judicial process is still ongoing."

The hearing will resume on Monday.

Pongsak Ruktapongpisal, the caretaker transport minister who is also deputy Thai Rak Thai secretary-general, yesterday tried to downplay Suthep's evidence by saying that it was simply a personal matter and that Thamarak should be the person to clarify it.

"If it refers to anybody, then that person should clarify the matter. Since the video refers to General Thamarak, you should ask him - not me. Now, I am not going to say anything," he said.

Pongthep Thepkanchana, a Thai Rak Thai deputy leader, said earlier he had heard that Suthep would sue the EC, but it turned out he testified by producing the footage in order to charge another person.

"As part of the legal team of the party, we can't say anything much at the moment. We need to take a look at the video first, or how the accusations hurt anybody," he said.

Concerning the accusations against Thamarak, Pongthep echoed his party colleague, saying they were a personal matter for Thamarak and that he should decide for himself what to do next. Pongthep added that the accusations may create damage at a personal level, but they had nothing to do with the Thai Rak Thai Party.

Pravit Rojanaphruk,

Kesinee Jaikawang

The Nation