POLITICS ON TRIAL
Democrats' legal eagle

The brains behind the party's court battles is confident it won't be dissolved
Bundit Siripant has been legal counsel to the Democrat Party for decades - without receiving a single baht in fees or ever holding party membership. He is currently defending the party before the Constitution Tribunal against a charge of electoral wrongdoing associated with the April 2006 poll. The specific allegation is making false statements accusing the Thai Rak Thai Party of electoral fraud. If convicted, the party faces dissolution. "I have never received a single baht in legal fees from the Democrat Party. Some press reports say I have received a lot of money from the party. They should ask me or the party before rushing to print," he said. Although not a member, the veteran lawyer's ties with the country's oldest political party are deep-rooted. He is managing partner of Seni Pramoj Advocates and Solicitors - a position he has held since the firm's founding partner, MR Seni Pramoj, became prime minister in 1975. Seni, who was Democrat leader at the time, served briefly as prime minister from 1945 to 1946 and twice more in 1975 and 1976. Several of Bundit's colleagues have joined the party but he chose not to because MR Seni asked him to "take care of the office". Bundit is confident he can clear the party of the electoral allegations and said there was "strong evidence" supporting its denial of the charge. The chances of success are better following the coup, he added. The pre-coup Election Commission recommended to the Office of the Attorney-General that the Democrat Party be dissolved for violating the Political Parties Act. Bundit said the previous commission sought to use the party as a "hostage". It feared recommending prosecution against the Thai Rak Thai Party only would result in public uproar, he added. On the other hand, prosecution recommendations against both main parties resulting in acquittals would reduce public resistance towards the Thai Rak Thai, he believed. "But, all that was before the coup," he said with a smile. Following the post-coup dissolution of the Constitution Court and the formation of the tribunal from Supreme Court and Supreme Administrative Court judges, defence counsels' confidence in a successful outcome grew. "Although we believe the party will be cleared we're still working hard to prove it had nothing to do with electoral fraud," Bundit said. Bundit's client list includes or has included many political personalities - including the late Chat Pattana Party leader Chatichai Choonhavan, Chat Thai leader Banharn Silapa-archa and former New Aspiration Party leader Chavalit Yongchaiyudh. An experienced criminal and civil advocate, Bundit said political lawsuits seem easy, but one recent case became his most difficult. He defended former Democrat member of Parliament Sirichoke Sopha, who was sued for defamation by Shin Satellite for alleging the company evaded tax. "It was new to me. I have no background in satellite things. My team and I had to study customs duties in order to prepare a defence," he said, adding he spent more than two weeks finalising testimony - the longest time he has ever spent on such a task. He believed his written witness submissions were the reason the plaintiffs decided to drop the action after a years-long battle. Shin Satellite and sister company CS Communications last month dropped both their civil and criminal complaints against Sirichoke, explaining it was parent company Shin Corp's new policy to avoid politics. They had been seeking Bt11.2 billion in damages for the allegations made during a 2002 Parliament censure debate. Rumours at the time suggested Bundit's fee was Bt1.3 million. He denied this and said no fees were asked for or received. "I told Sirichoke each case involves costs and there were a lot of documents and complicated investigations into customs duties, so he must at least cover expenses," Bundit said. He said if a fee had been demanded it would have been a lot more than Bt1.3 million, given that the case dragged on for nearly five years. Bundit joined Seni Pramoj in 1965 when he was a senior student at Thammasat University. He worked there for six years before heading to New York to study for a master's degree in law. He returned home thinking of becoming a judge but was asked by Seni to rejoin the firm. "I was willing to work with him. He was like a crucible. He taught me everything about the law," he said. Bundit and members of the firm often conduct cases pro bono publico. But, cases are often rejected if corruption is involved. Seni prohibited partners and staff from accepting drugs-related work. "Several clients have asked us to take on this work but have been turned down. My boss taught me being an advocate is a business, but we should make sacrifices for the common interest as well," Bundit said.
Sucheera Pinijparakarn The Nation
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