Democrat secretary-general Suthep Thaugsuban, left, arrives at the Criminal Court yesterday for the second day of a preliminary hearing on abuse of power and defamation charges against four election commissioners.

The criminal court will decide on Thursday whether to accept the case of abuse of power and defamation filed against four election commissioners by Democrat Party secretary-general Suthep Thaugsuban.

The decision was made after the second day of a preliminary hearing yesterday, which saw Suthep cross-examined by two lawyers, provided by the Office of the Attorney General, representing the four commissioners, one of whom recently resigned.

Due to the political sensitivity of the case the four judges banned recording and note taking in the courtroom. Selective reporting could mislead the public, they said.

The judges also told Suthep and his legal team to stop releasing evidence before it was submitted to the court.

Last week Suthep released CCTV stills from the Defence Ministry, claiming they proved that Thai Rak Thai Party deputy leader Thammarak Issarangkul had bribed minor parties. The ensuing controversy prompted fears among the judges that further disclosures could prejudice the case.

The defence team from the Attorney General's office is a perk of the commissioners' position, despite the EC's status as an independent organisation under the 1997 Constitution.

Defence lawyer Sathaporn Pakdeewong spent most of the morning trying to convince the court there was no case against the commissioners. Sathaporn argued that the Democrats were not in a legitimate position to sue the EC because they boycotted the April 2 election and were therefore unaffected by the result.

He also drew the admission from Suthep that the CCTV pictures, which allegedly show members of a minor party visiting Defence Minister Thammarak to collect bribes, were obtained after the lawsuit was filed and therefore were inadmissible as evidence.

The defence lawyer claimed the Election Commission was prompt in carrying out its duty to probe Suthep's charge that small parties had been bribed to run. Sathaporn said the EC convened a meeting directly after the charges were lodged in March.

Sathaporn also argued that the 17-page report by the sub-committee created by the EC to investigate Suthep's complaints, which concluded that Thaksin Shinawatra should take responsibility for the alleged bribing of minor parties, was merely an internal report.

He claimed the report's damning recommendations had not been seen by the commissioners when Suthep filed his suit and as a result they should not face dereliction of duty charges.

"Our strategy is to use facts," Sathaporn later told The Nation.

Suthep told the court the commissioners did not dispute the 17-page report's authenticity when it was leaked to the media.

A disproportionate number of candidates from minor parties ran in the April 2 election, suggesting irregularities had occurred, he said.

Pravit Rojanaphruk

The Nation