A Change of Guard

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Wednesday 14 April 2010

[Abhisit's] Democrats confident of survival

Abhisit Vejjajiva, the current leader of the Democrat Party.

Lawyers, execs to plan defence next week

Published: 14/04/2010
Bangkok Post

The Democrat Party is confident it can survive an Election Commission finding that it did not declare a large election campaign donation and misused funds from the commission intended for political development works.

The party could be disbanded if it is found guilty by the Constitution Court of either of the charges.

Lawyers and executive members of the country's oldest political party will meet on Tuesday to shape a strategy to counter the poll agency's case if it is forwarded to the Constitution Court.

Democrat chief adviser, former premier Chuan Leekpai, is tipped to head the party's defence, Nipit Intarasombat, an MP for Phatthalung and chairman of the party's working group on legal affairs, said yesterday.

The EC recommended on Monday the party be dissolved on two counts: not declaring a 258 million baht donation it allegedly received from cement firm TPI Polene Plc, and for improperly using a 29 million baht grant from the commission for political development.

Party secretary-general Suthep Thaugsuban said yesterday the party was ready to defend itself against the accusations in court. He said there was no evidence to prove the money had been transferred from TPI Polene to an account held by the party.

The donation is said to have been made in 2005 before either Prime Minister Abhisit Vejjajiva became the Democrats' leader or Mr Suthep was appointed the party's secretary-general.

Mr Suthep said the party had used the 29 million baht grant from the EC to pay for campaign activities and billboard posters for the April 2, 2006, general election. However, there was no contract covering the printing of the posters to support its case.

Even if the party was found guilty, he said legal action should only be taken against those individuals responsible. The party should not be disbanded.

Banyat Bantadtan was the party leader at the time the EC grant was made and Pradit Phataraprasit was its secretary-general. Mr Pradit is now Ruam Chart Pattana Party secretary-general and a deputy finance minister.

The EC has not announced when it would forward its findings to the Office of the Attorney-General.

The OAG will have 30 days from receiving the recommendation to decide whether to file the cases with the Constitution Court.

If the OAG finds there is not enough evidence to proceed with either or both of the cases, the political party registrar, which answers to the Election Commission, will form a working group to seek further evidence. The group, which would include public prosecutors, would have 30 days to complete its work.

The political party registrar has the personal authority to forward the case to the court even if the panel decides not to go ahead with the matter. EC chairman Aphichart Sukhagganond is the registrar.

The dissolution of the Thai Rak Thai and People Power parties took about nine months in each case from the initial EC decision to seek their disbandment.

The TRT was led by Thaksin Shinawatra at the time and the PPP was set up to be the TRT's successor.

Mr Suthep said the Democrat cases could face a similar time frame.

This would not heap further pressure on the prime minister to dissolve the lower house, as demanded by the opposition and the red shirts, he said.

The coalition parties support a dissolution in six months to end the political stand-off between the government and the United Front for Democracy against Dictatorship.

The red shirt leaders are calling for an immediate dissolution to pave the way for new elections.

Mr Suthep said he would look into the setting up and naming of a new party to replace the Democrat Party should it be ordered disbanded.

The party's executive members, including Mr Abhisit and Mr Suthep, would be barred from all political activities for five years should the party be dissolved.

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