The trio - Vasana Puemlarp, Prinya Nakchudtree and Virachai Naewboonnien - were found guilty of electoral violations stemming from the botched April 2 general election.

They were released on Bt120,000 bail each pending filing of their appeals within 30 days.

Legal pundits said yesterday's verdict might have a bearing on the upcoming electoral fraud case against the ruling Thai Rak Thai Party in the Constitution Court.

The Criminal Court's ruling affirms the credibility of the Nam Yimyaem report that found the ruling party to be involved in bankrolling two small parties in the April 2 poll. Its ruling led to the punishment of the three for delaying tactics to favour the ruling party.

Should the Constitution Court concur with the Criminal Court verdict, the ruling party faces the mandatory punishment of dissolution. The high court is currently making preparations for the trial, which is expected to begin after the new general election.

Yesterday's trial was based on criminal lawsuit against the three former commissioners filed by Democrat Party secretary-general Suthep Thuagsuban.

Suthep accused the three of violating the election law after they apparently stalled action on his complaint alleging the bankrolling of small parties by Thai Rak Thai.

He said the EC commissioners had raised several hurdles after reviewing his complaint on March 20, even though they were obliged to take prompt action.

In reading out its ruling, the Criminal Court highlighted how the three election officials deliberately delayed the legal proceedings without justification.

After receiving Suthep's complaint, the three appointed the Nam panel to investigate the matter and received its report on April 7, the court said.

The Nam report spelled out the electoral fraud committed by the ruling party and two small parties, Thai Ground and Pattana Chat Thai. Acting on the report, the three EC commissioners ruled on April 18 to initiate proceedings for the dissolution of the two small parties, but withheld action against the ruling party, the verdict said.

They also omitted to file criminal charges against ruling party leader Thaksin Shinawatra for culpability in his party's involvement in the electoral fraud, the court added.

Although the three defended their actions by questioning Nam's impartiality, the court found no evidence to substantiate such claims or to doubt the credibility of his findings.

The delayed action against the ruling party had allowed it to remain in the race, the court said.

After the three spent considerable time collecting additional evidence and testimonies to debunk or alter the Nam report, they conceded to endorse the report's initial findings of fraud and eventually launched proceedings to dissolve the ruling party, it said.

The court found the accused had no plausible excuse to spend 66 days to draw its conclusions on the ruling party's involvement in electoral fraud.

Regarding their sentence, the court cited the cooperation of the defendants as grounds for commuting their jail terms from three years to two years.

Reacting to the verdict, Suthep said his party would submit the lower court's opinions as evidence for the Constitution Court to decide whether to dissolve the Thai Rak Thai.

Kesinee Taengkhieo

The Nation