How the case against 3 former EC members unfolded
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The Supreme Court acquits former Election Commission chairman and other members charged with election law violation.
Plaintiff: Deputy Democrat Party leader Thaworn Senneam
Arraignment: April 18, 2006
Charge: Defendants collaborated to organise by-elections in 38 constituencies in 15 provinces on April 23, 2006 even though they had no authority to do so. The defendants allowed failed Thai Rak Thai candidates from the general election to apply for by-elections in other constituencies so they could have rivals and avoid the legal requirement to obtain at least 20-per-cent of the votes from eligible voters.
Criminal Court
July 25, 2006: EC chairman Vasana Puemlarp along with EC members Prinya Nakchudtree and Virachai Naewboonnien sentenced to four years in prison and their electoral rights revoked for 10 years.
The plaintiff dropped the suit against Charupat Ruangsuwan after he resigned from the EC.
Appeals Court
Ruling: Upholds the verdict and sentences of the lower court.
Supreme Court
Ruling: Rejects the case on technical grounds that the plaintiff was not the damaged party and so had no right to file the suit.
Reasoning: As the alleged crime was a violation of the EC Act and the Election Act, it had to be perpetrated against candidates or a political party that contested the elections. The plaintiff was not a candidate and his party did not field any candidates in the by-elections. The plaintiff was not a voter in the 38 constituencies.
Had the plaintiff been counted as a damaged party, other voters would also have been counted as damaged parties. Had all of them exercised their right to sue, it would have been unfair to the EC members.
Implications
Jessada Anujaree, director of the Lawyers’ Council of Thailand, said yesterday the court decided to drop the case on technical grounds because it did not wish to rule on whether the former EC chairman and other members were guilty or not.
The defendants were not likely to get compensation or rehabilitation from the previous rulings, or get their positions returned as they had resigned their posts at the EC, he said. He added that they were also not able to counter-sue as the allegations showed that Thaworn had not filed a complaint to persecute them.
