PPP not to be punished

The Election Commis-sion yesterday dismissed a complaint charging the People Power Party with being a nominee of the disbanded Thai Rak Thai Party as it is not an offence as defined by the law, EC secretary-general Suthiphon Thaveechaigarn said.

The dismissal took place although four of five EC members found sufficient evidence to label the PPP as a nominee acting on the disbanded party's behalf, Suthiphon said.

"Evidence indicates that the PPP is a proxy of the TRT, but this does not constitute any violations as defined in the organic laws on political parties and elections," he said.

He revealed three EC members voted for dismissal by citing the lack of legal definition for a nominee as an electoral offence. One member dismissed the charge over insufficient evidence to link the PPP to the TRT.

The fifth member sided with the majority of three and made an additional recommendation for the political party registrar, who is concurrently the EC chairman, to further examine relevant legal issues to determine PPP compliance on party membership.

An offence relating to party membership might be grounds for disbandment as per Article 94 of the Political Parties Act.

Suthiphon said the EC made its decision based on accepted legal principles and not political sentiment.

"As an independent organisation, the EC is neutral and has no duty to fault or bully any parties," he said.

He stated the EC review touched only on charges raised by the complaint and applicable to the PPP, hence it did not cover the role of former prime minister Thaksin Shinawatra in supporting the PPP.

EC member Somchai Juengprasert said he voted with the majority along with EC chairman Apichart Sukhagganond and Sodsri Satayatham and Sumeth Upanisakorn. Prapun Naigo-wit voted to dissent.

"Under business law, a nominee can be an offence though this does not apply to public law," he said.

The case came to light after activist Veera Somkwamkid petitioned the EC to launch an investigation into the matter. He claimed the disbanded party had propped up the PPP as a puppet and pulled the strings behind the scenes in defiance of its May 2007 punishment by disbandment.

The EC formed the Paiboon Netipho panel to gather evidence. The Paiboon report drew a conclusion linking the PPP to the TRT but there was no law to penalise this.