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Fri, December 1, 2006 : Last updated 22:04 pm (Thai local time)



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Home > Politics > TRT and Democrat cases will be heard separately, Tribunal decides





TRT and Democrat cases will be heard separately, Tribunal decides


Thai Rak Thai deputy leader Pongthep Thepkanchana, left, looks at a document being scanned by Democrat Party chief adviser Chuan Leekpai yesterday when Constitution Tribunal judges met representatives from five political parties to discuss how the cases
The Constitution Tribunal ruled yesterday to split its hearings into alleged electoral fraud involving five political parties into two separate cases - one dealing with Thai Rak Thai and two small parties and the other relating to the Democrats and another small party.

The five parties face dissolution if convicted of fraud.

In the Thai Rak Thai case, the charges centre on the alleged bankrolling of Thai Ground and Pattana Chart Thai parties to contest the April 2 election. An auxiliary charge will focus on the tampering of party membership records to meet candidacy qualifications.

For the Democrat case, the litigation will focus on an alleged attempt by a Democrat executive to frame the Thai Rak Thai.

The gist of the prosecution argument is that Sathit Wongnongtoey encouraged two electoral candidates from the Democratic Progressive Party to join the race in order to set the stage for a frame-up, for even though he knew Thai Rak Thai had paid the two candidates, he kept quiet about it.

Hearings on the Thai Rak Thai case will commence at 10am on January 16. Subsequent sessions will convene every Tuesday morning until the case is completed.

Hearings on the Democrat case will start on January 18 at 10 am. Subsequent sessions will take place every Thursday morning till the end of the inquiry.

Defence teams for the five political parties are expected to submit their respective lists of witnesses by December 12.

The tribunal will allow public prosecutors and defence lawyers for Thai Rak Thai to examine evidence relating to the case on January 3. The examination of evidence for the Democrat case will take place the following day.

The decision on how the cases would be heard followed a session to explain new tribunal procedures to prosecution and defence teams. The session was presided over by Judge Somchai Pongsatha.

Present at the session were public prosecutors and the five defence teams, with Thai Rak Thai lawyers led by Pongthep Thepkanchana, the Democrats led by Chuan Leekpai and three small parties jointly led by Boonthaweesak Amornsilp and Bunyabarameeporn Chinnarat.

Before the convening of the session, Pongthep vowed to rigorously defend his party. He said he would be assisted by a team of seven lawyers.

Ponthep expressed confidence that the inquiry would proceed fairly, and dismissed speculation that his party was destined to be dismantled.

Bunyabarameeporn said the three small parties were qualified to contest the elections and had honest intentions for the polls. He denied any involvement in the alleged bankrolling.

About 20 top-ranking Democrats, including party leader Abhisit Vejjajiva, accompanied Chuan to attend the session.

After Judge Somchai finished explaining the inquiry procedures, Pongthep argued that the evidence examination should be postponed because it was scheduled close to the New Year holiday.

He also asked whether the defence could present its opening statement orally.

In responding to Pongthep's argument, another judge, Krairirk Kasemsant, said the tribunal had allowed sufficient time for defence and prosecution lawyers to prepare, and thus found nothing to justify a delay.

Krairirk said the tribunal would allow oral arguments by the defence and prosecutors, but written statements would have to be submitted afterwards.

After the session, Chuan said his party agreed with the procedures and would meet the inquiry timetable set by the tribunal.

Abhisit said the direction of the litigation would become clear after the examination of evidence.

"The procedures are now fully understood and it is now time for the prosecution to reveal the evidence," he said.

Democrat defence lawyer Thaworn Senniam said he expected the case to be completed by February provided all sessions proceeded as planned.

Thai Rak Thai defence lawyer Sukhumpong Ngonkham said his party would likely call 30 witnesses, including deposed premier Thaksin Shinawatra.

Thaksin is expected to give a statement via teleconference, as he is living in exile in Beijing.








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