Yesterday's first hearing in the election fraud trial against the Democrat Party went smoother than Tuesday's Constitution Tribunal hearing against the

Thai Rak Thai Party thanks to

the patience and humour of presiding justice Krairerk Kasemsant.

Thai Rak Thai legal expert Wichit Plangsrisakul and former MP Kuthep Saikrachang took the stand as the first prosecution witnesses, since they had filed the complaints to the Election Commission against the Democrat Party.

Four Democrat lawyers - deputy secretary-general Thavorn Senneam, former MP Nipit Intarasombat, Bundit Siripan and Taweesak Na Takuatung - examined the witnesses, trying to make them retract or dilute their statements.

Democrat Party's chief adviser Chuan Leekpai, who heads the party's defence team, was also present during the hearing.

Wichit said many times he sympathised with the Democrats and  was sorry for initiating the case that could lead to the party's dissolution, but said he had to do it because the Democrat Party had done something wrong. He said he felt so bad he almost cried.

Bundit told Wichit to stop babbling.

Krairerk interrupted the war of words between the political opponents, who were bent on discrediting and ridiculing each other, and repeated the rules to them.

The justice also forced the questions and answers to be more concise, in a good-humoured way that made both plaintiffs and defendants smile or laugh.

The Democrat lawyers took turns asking Wichit and Kuthep the same questions, so Krairerk told them to skip the long introduction to their questions, saying "we all know that".

The Tribunal had the prosecution witnesses submit writs seven days before the hearing, then allowed the defence to file rebuttals three days before the hearing. During the trial, the justices can ask more questions to clarify the issues and allow the defence to examine the witnesses. Both sides came prepared by reading the documents.

Krairerk said he wanted the hearings to be relaxed, although he understood the trials could

be like an execution for each party.

He said the Tribunal would consider only four charges against the Democrat Party although Thai Rak Thai had filed eight.

The four charges are joining with the People's Alliance for Democracy to topple and frame the Thai Rak Thai government, hiring MP candidates from the Progressive Democratic Party to frame Thai Rak Thai, obstructing MP candidate registration in Songkhla, and hiring the leader of the Better Life Party to set up Thai Rak Thai.

He banned questions or discussion on issues that were still under investigation or were being contested in court, for example, former prime minister Thaksin Shinawatra's alleged tax evasion case.

The Democrat representatives said the Thai Rak Thai witnesses did not present first-hand information.

Wichit and Kuthep said they didn't know the answers to many questions.

When Wichit and Kuthep said some Democrat executives were among the crowd gathering to obstruct MP candidate registration in Songkhla last April, Thavorn said the provincial election commission reported there was no such disturbance.

Taweesak said the Democrats had no reason to hire the Better Life Party to frame Thai Rak Thai as it didn't file the complaint against Thai Rak Thai for hiring candidates from the Better Life party.

Bundit said Democrat leader Abhisit Vejjajiva's speeches, as well as party executives' comments, were in tune with the justification for the September 19 putsch, as well as the announcements of the coup makers.

Kuthep said the Democrats took advantage of the changed situation after the military takeover.

Krairerk said it was up to the Tribunal to weigh all the evidence, and it would listen to both sides.

He also told the Democrats to save many detailed questions for hearings in later weeks with eyewitnesses who had hard facts.

There was no objection from the defence.

A fierce verbal battle erupted on Tuesday with an argument between Thai Rak Thai's lawyer Somsak Toraksa and Tribunal judge Charan Hathagam on what kind of questions the defence could ask a witness.

Wichit called for the Tribunal to allow multiple Thai Rak Thai lawyers to examine each witness in the following hearings.

The party's lawyer was alone on Tuesday in grilling the Democrat witnesses.

Kornchanok Raksaseri

The Nation