EC decides to charge Democrat MP

The Election Commission has thrown out a disqualification complaint filed against Bangkok Governor Sukhumbhand Paribatra and instead taken up criminal charges against Democrat Songkhla MP Sirichok Sopha for allegedly defaming Pheu Thai gubernatorial candidate Pol General Pongsapat Pongcharoen, EC secretary-general Puchong Nutrawong said yesterday. 

Sirichok allegedly claimed that Pongsapat was involved in the arson attacks during the 2010 political riots. The EC said Sirichok posted a photograph on Facebook of Prime Minister Yingluck Shinawatra and Pongsapat on a truck with the caption: “Does this picture remind you of the incidents that took place when our country was set on fire?” 

The EC said this post could be deemed as having tarnished Pongsapat’s image and might have misled voters about the candidate. 

The EC also dropped a disqualification complaint filed by former appointed senator Ruangkrai Leekitwattana against Sukhum-bhand over claims that Dr Seri Wongmontha had misled voters about other candidates. Ruangkrai and four voters alleged that Seri had posted a message on Facebook calling on voters to choose No 16, which was Sukhumbhand’s electoral number, saying “if you don’t vote for him, they will come”. 

The EC ruled that there was no evidence to prove this post was directly linked to Sukhumbhand. 

Sirichok, meanwhile, said he did not know which laws the EC would be using to charge him, adding that he was willing to fight the case in all three courts – criminal, appeals and supreme. He said he had never been summoned for questioning. 

Election Commissioner Wisuth Pothitaen said the EC had made its decision with sincerity, after two of its fact-finding panels submitted their reports.

“Sirichok will not be suspended as MP when the complaint against him goes to court. It’s not like he’s being given a red or yellow card. However, if he is convicted according to Article 118 of the local election law, then the penalties will include up to 10 years in prison, a fine of between Bt20,000 and Bt100,000 as well as a 10-year ban from politics,” he said. 

Meanwhile, the commission also ruled that it would further investigate a disqualification complaint filed against Sukhumbhand and Prawet district municipal councillor Kitpol Cherchukijkul. The complaint filed by Saengyok Saengyoktrakarn alleges that the governor and councillor launched a smear campaign against other candidates, alleging that while campaigning for votes, Kitpol had announced that street vendors would be removed if they did not vote for Sukhumbhand. 

The EC said it could not be proved that Sukhumbhand was in the truck during the election rally on Srinakarin Road, but added that the governor would be informed of the charge as it had ordered further investigation. 

The EC has also dropped a complaint against Pongsapat filed by four Bangkok officials who accused him of abusing his authority when he told Social Development and Human Security Ministry officials to collect voters’ personal information during the election campaign. The EC ruled that the officials had carried out their duty as per normal and their actions could not be linked to Pongsapat.