Because the report is incomplete it could jeopardise a potentially critical legal case against the ruling party, the OAG said.

The EC immediately proposed setting up a joint panel with the OAG to solve the problem, but the OAG said it would not participate.

OAG spokesman Atthaphol Yaisawang said the majority of senior prosecutors had concluded that the report by an EC panel which found that Thai Rak Thai had engaged in electoral fraud and violated Article 66 of the Political Parties Act was incomplete because it came without a recommendation by the three remaining election commissioners. The case may end up being thrown out by the Constitution Court if the report was submitted to the court by the OAG without a recommendation from the EC, Atthaphol said.

"It could be the end of the case," he said, adding that the OAG did not have a mandate to consult the court on the matter.

As a result, it is too risky to submit the report to the court and possibly jeopardise a case that affects the "national interest", he said.

"It's slow but sure," he said of the decision to return the report to the EC, adding that someone would eventually have to take responsibility for the delay.

Soon after the OAG decided to return the report to the EC, election commissioner Virachai Naewboonnien said the EC and OAG would have to form a joint panel to discuss the problem before submitting a revised report to the Constitution Court.

However, Atthaphol poured cold water on this suggestion, saying the only task the EC had was to attach a recommendation to the report and return it to the OAG.

"Then we will be able to decide if the case should go to court," he said.

The three commissioners are bound by law to resubmit the report by June 27 with a proper recommendation or risk prosecution for negligence, Atthaphol said.

"Let's see what they do," he added.

He said the commissioners had clearly applied a double standard in submitting such reports to the OAG. Reports on small political parties believed to be involved in serious electoral fraud were submitted with recommendations by the commissioners to dissolve the parties, Atthaphol said.

Furthermore, the only evidence in the case against Thai Rak Thai submitted to the OAG was the report, whereas cases against small political parties contained additional evidence, he said.

The public is watching the commissioners very closely, and it is unlikely that they can delay the process much longer without facing serious repercussions, he said.

He warned that the commissioners could face criminal charges if they did not resubmit the report with a recommendation. "Let's see what kind of criminal offence they land themselves in," he said.

The letter informing the EC that the report will be returned for it to complete will reach them on Monday.

Pravit Rojanaphruk,

Attayuth Butrsripoom

The Nation