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Thu, May 31, 2007 : Last updated 23:54 pm (Thai local time)



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Home > Headlines > Progressive Democratic Party to be disbanded





Progressive Democratic Party to be disbanded

In a solemn atmosphere yesterday in the courtroom, the Constitution Tribunal handed down an 89-page verdict explaining its acquittal decision for the Democrat Party before finding the Progressive Democratic Party (PDP) guilty of electoral fraud.

The nine-member tribunal cleared the Democrats of all charges and penalised the small party by ordering it to be disbanded and removing all guilty executives, including those who had previously quit its ranks, from the electoral process for five years.

At the start of the televised verdict session, tribunal president Panya Thanomrod pleaded for calm and reminded every citizen about their duty to ensure social peace.

Three tribunal judges spent four hours taking turns to read out the landmark decision.

The two parties had fought electoral charges relating to last year's April 2 general election. The snap election was boycotted by the opposition alliance and its outcome was annulled due to cheating having plagued the electoral process.

After devoting 40 pages to outlining the prosecution and defence arguments, the tribunal set out the six questions it had addressed in reaching its decisions involving the two parties:

lDid the Democrat Party make campaign speeches to frame the Thai Rak Thai Party and its then leader Thaksin Shinawatra?

lDid the Democrat Party convince the three PDP candidates to organise frame-up charges relating to the bankrolling by Thai Rak Thai Party?

lDid the Democrat Party arrange for the leader of the Better Life Party to frame the Thai Rak Thai Party for bankrolling the small party?

lDid the Democrat Party try to prevent electoral candidates from small parties from entering the race?

lDid the Progressive Democratic Party falsify its membership records to enable its candidates to run in three Trang constituencies?

lDid the Democrat and Progressive Democratic parties commit wrongdoing that constitutes a cause for disbanding?

On the first question, the tribunal ruled the Democrat Party had acted within the right of free speech to critique and inform constituents about threats posed by the Thaksin regime to democratic rule.

Evidence indicated unprecedented social divisions triggered by Thaksin's leadership. Myriad incidents showed how the Thaksin regime had undermined the parliamentary system, interfered with independent organisations, was plagued by corruption and meddled with media freedom.

For the second question, the tribunal found no evidence to implicate the Democrats, or party executive Sathit Wongnongtoey, in the scam to frame the Thai Rak Thai Party. The prosecution had relied on hearsay in trying to link Sathit to the fraud.

In the third question, the tribunal said the videotape of a meeting between Better Life leader Wanthawarit Thantipirom and an activist, Thaikorn Phonsuwan, did not link Democrat Party secretary-general Suthep Thuagsuban to the frame-up of Thai Rak Thai.

Regarding the fourth question, the tribunal said witnesses had made conflicting statements on whether they saw Democrat executive Thaworn Senniam among the crowds trying to disrupt candidacy registration in Songkhla.

On the fifth question, the tribunal found the PDP had intentionally falsified membership records for candidates in Trang and other constituents.

For the sixth and final question, the tribunal did not address this issue in relation to the Democrat Party after dismissing the charges against it.

In sentencing the PDP, the tribunal ordered its mandatory disbandment and reprimanded the party for abuse of public trust in tampering with the electoral process.

The convicted party executives are banned from forming or managing a new party for five years. They also face additional punishment by having their voting rights suspended for five years, tantamount to their removal from the electoral process.

The extra penalty was enacted by the junta's Announcement No 27, which came into effect in September and can be enforced retroactively because it is not a criminal punishment.








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