ID :
151667
Mon, 11/29/2010 - 18:20
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Shortlink :
http://m.oananews.org//node/151667
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Thailand's Constitution Court dismisses Democrat Party dissolution case
BANGKOK, Nov 29 - The Constitution Court in Bangkok on Monday dismissed the dissolution case against Thailand's ruling Democrat Party over the alleged misuse of Bt29 million ($960,000) in political campaign funding, saying the filing complaint process lodged by the Election Commission (EC) was unlawful.
Six judges of the Constitution Court on Monday voted 4:2 Monday afternoon after lead prosecutor Kitinan Thatpramuk and Democrat chief adviser Chuan Leekpai delivered closing statements for each side on the ruling party's dissolution case.
Giving the verdict were six justices, Constitution Court president Chat Cholaworn, Boonsong Kulbupha, Jarun Pukditanakul, Udomsak Nitimontree, Nurak Mapraneet and Supot Khaimook.
The two minority opinions in the ruling were reportedly were Justices Chat and Udomsak.
The court, taking about 40 minutes in delivering its verdict, reasoned the EC complaint was not done in accordance with Article 93 of the Political Party Act and that the case had not been filed to the Constitution Court within 15 days after the poll agency had its ruling on the case.
The court said the EC ruled by majority vote to consider the Democrat Party dissolution case on Dec 17, 2009, but that the Registrar of Political Parties, as plaintiff, filed the complaint to the court on April 26, 2010, exceeding the 15-date timeline as required by the law.
As the process of filing complaint was not done properly, the court said, it is unnecessary to consider other four issues related to the case.
The four issues were first, whether the judicial review on the case should be based on the 1998 Political Party Act or the 2007 Political Party Act; and then
-- whether the party's disbursement of Bt29 million subsidised funds was lawful;
-- whether its financial report for 2005 was legal; and
-- whether party executives should be penalised in case of a guilty verdict against the party.
There are in total nine judges in the Constitution Court but three had withdrawn earlier from the case -- Wasant Soipisuth, Chalermpol Ek-uru and Jaroon Intajarn.
If found guilty, Thailand's oldest party could be dissolved and its executives could be banned from politics for five years.
Although the court dropped the case regarding misuse Bt29 million of Democrat Party's political campaign funding, the country's oldest party still faces another lawsuit involving a Bt258 million donation from TPI Polene Plc, a leading Thai cement manufacturer, founded by former Matchimatipatai Party leader Prachai Leophairatana.
The case is expected to be heard next year.
The joint working group of the Office of the Attorney-General (OAG) and the EC earlier announced its decision that the Democrat Party should be dissolved for having received an unlawful donation of Bt258 million ($8.1 million).
After the verdict, Democrat lawyer Bandit Siriphan said that the party's legal team will ask the court to dismiss the case involving the Bt258 million donation, the other lawsuit the Democrat Party is facing.
Mr Bandit said that in the donation case, the EC also missed the timeframe in submitting the case to the Constitution Court and the ruling in a political campaign funding case could be a precedent.
The Stock Exchange of Thailand (SET) composite index on Monday soared 17.29 points or 1.74 per cent to close at 1,009 as investors welcomed the Constitution Court’s verdict dismissing the dissolution case against the prime minister's Democrat Party. (MCOT online news)
Six judges of the Constitution Court on Monday voted 4:2 Monday afternoon after lead prosecutor Kitinan Thatpramuk and Democrat chief adviser Chuan Leekpai delivered closing statements for each side on the ruling party's dissolution case.
Giving the verdict were six justices, Constitution Court president Chat Cholaworn, Boonsong Kulbupha, Jarun Pukditanakul, Udomsak Nitimontree, Nurak Mapraneet and Supot Khaimook.
The two minority opinions in the ruling were reportedly were Justices Chat and Udomsak.
The court, taking about 40 minutes in delivering its verdict, reasoned the EC complaint was not done in accordance with Article 93 of the Political Party Act and that the case had not been filed to the Constitution Court within 15 days after the poll agency had its ruling on the case.
The court said the EC ruled by majority vote to consider the Democrat Party dissolution case on Dec 17, 2009, but that the Registrar of Political Parties, as plaintiff, filed the complaint to the court on April 26, 2010, exceeding the 15-date timeline as required by the law.
As the process of filing complaint was not done properly, the court said, it is unnecessary to consider other four issues related to the case.
The four issues were first, whether the judicial review on the case should be based on the 1998 Political Party Act or the 2007 Political Party Act; and then
-- whether the party's disbursement of Bt29 million subsidised funds was lawful;
-- whether its financial report for 2005 was legal; and
-- whether party executives should be penalised in case of a guilty verdict against the party.
There are in total nine judges in the Constitution Court but three had withdrawn earlier from the case -- Wasant Soipisuth, Chalermpol Ek-uru and Jaroon Intajarn.
If found guilty, Thailand's oldest party could be dissolved and its executives could be banned from politics for five years.
Although the court dropped the case regarding misuse Bt29 million of Democrat Party's political campaign funding, the country's oldest party still faces another lawsuit involving a Bt258 million donation from TPI Polene Plc, a leading Thai cement manufacturer, founded by former Matchimatipatai Party leader Prachai Leophairatana.
The case is expected to be heard next year.
The joint working group of the Office of the Attorney-General (OAG) and the EC earlier announced its decision that the Democrat Party should be dissolved for having received an unlawful donation of Bt258 million ($8.1 million).
After the verdict, Democrat lawyer Bandit Siriphan said that the party's legal team will ask the court to dismiss the case involving the Bt258 million donation, the other lawsuit the Democrat Party is facing.
Mr Bandit said that in the donation case, the EC also missed the timeframe in submitting the case to the Constitution Court and the ruling in a political campaign funding case could be a precedent.
The Stock Exchange of Thailand (SET) composite index on Monday soared 17.29 points or 1.74 per cent to close at 1,009 as investors welcomed the Constitution Court’s verdict dismissing the dissolution case against the prime minister's Democrat Party. (MCOT online news)
