He told the tribunal that he could not have met with mem¬bers of the Thai Ground Party on the days alleged.

He was busy arranging his father's funeral at the time. Friends could attest to his whereabouts at the times he is accused of meeting with Thai Ground members.

Thai Ground partylist nominee Thatima Phawalee said Phadungsak met her at a petrol sta¬tion near the Samsen railway stop. Phadungsak told the tribunal there was no petrol station at that location.

Thamarak, a former deputy leader of the party, is accused of paying candidates from several small parties to stand in constituencies where Thai Rak Thai members would have otherwise run uncontested. Uncontested candidates must poll 20 per cent of the vote to win seats.

Phadungsak is accused of attending a meeting with Thai Ground executives and handing over a payment.

Phadungsak was an aid to Thamarak Isarangura at the time.

Meanwhile, former Election Commission secretarygeneral Ekachai Warunprapa said the commission filed a complaint against one of its officers, Amornwit Suwanpha, for alleged¬ly modifying smallparty member¬ship records. The commission never filed a complaint against the Thai Rak Thai and its executives.

He denied seeing a commission report into electoral fraud alleged¬ly committed by the Thai Rak Thai. That went to another commission member.

Thai Rak Thai representative Wichit Plangsrisakul told the tri¬bunal yesterday the commission did not file a complaint against the party over the allegations because it found there was no case to answer.

Hearing day 13 tomorrow is expected to conclude the examination of witnesses, call for closing arguments and determine a date for delivering a ruling.

by Kornchanok Raksaseri

The Nation