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Published on December 1, 2007

The petition was signed by General Somjet Boontha-nom, director of the CNS' Secretariat, and was addressed to EC Chairman Apichart Sukhagganond.

Somjet explained to reporters that the letter sent to the EC was aimed at preventing public confusion and misunderstanding.

"Our aim is to call for a review; it's not admonishment," he said, adding that the allegedly biased actions were in fact part of the CNS' operation resulting from the September 2006 coup.

The move is related to a document made public by the People Power Party recently that was purportedly an order by the CNS for a secret campaign against the party associated with ex-PM Thaksin Shinawatra.

EC member Sodsri Satayatham said yesterday that the junta had petitioned for a review of the investigative report by former prosecutor Suphon Yutithada and six other panel members.

She said the CNS had stated that all its actions were sanctioned by the 2007 Interim Constitution and the present charter.

Sodsri said she might propose that the EC seek a judicial review of the authenticity of the documents before it ruled on whether the junta had been involved in any misconduct.

Apichart said a meeting on Tuesday would review the relevant legal issues.

"Before the five EC members have a chance to convene their meeting, no one should rush to presume that they will concur fully with the report," he said.

People Power leader Samak Sundaravej welcomed the Suphon report and said he would not pursue the issue further.

"I am satisfied, with the 4-3 vote, that the junta was not neutral," he said.

EC secretary general Suthiphon Thaveechaigarn outlined several legal hurdles relating to the Suphon report.

First, the panel did not touch on the authenticity of the documents but voted 4-3 to blame the junta for failing to uphold neutrality. Before passing judgement, the EC is obliged to address the question of authenticity left out by the panel, he said.

Second, the three organic laws relating to the electoral process were enacted on October 6, but the junta's documents were dated September 14. This raises the question whether the junta could be prosecuted retroactively and penalised.

Suthiphon said he was not certain that legal proceedings could be launched against the junta, although the EC would likely forward its ruling to the prime minister for any disciplinary action deemed necessary.

Prime Minister Surayud Chulanont yesterday dismissed speculation that the junta might be dismantling ahead of the December 23 election.

"Under the 2007 Constitution, the junta will expire along with the interim government, and I don't think we would do anything to meddle with this provision," he said.

The speculation spread after an EC investigative panel ruled that the junta was not neutral following the discovery of classified documents outlining a propaganda strategy aimed at undermining the People Power Party.

The EC is expected to meet on Tuesday to review the panel's report.

Surayud said he would wait for the EC to rule on the matter before deciding his next move.

He said he had not discussed the issue with Deputy Prime Minister Sonthi Boonyaratglin, who was the chief of the junta that deposed prime minister Thaksin Shinawatra last September.

The government and the armed forces, particularly the Special Warfare Command, which is considered close to Sonthi, remained firm on their neutral stand although some civilians or soldiers might have strayed to get involved in politics, Surayud said, adding that he was trying to ensure the integrity of the electoral process.

"I think Army chief General Anupong Paochinda made it sufficiently clear in his recent interview about keeping the military out of politics," he said.

Sonthi said he would not worry if he lost his job as chairman of the government-appointed committee in charge of fighting money politics. Many see his committee as a vehicle to counter the PPP.

"I will leave it to the prime minister to decide my fate," he said.

He said he knew in his heart that he was neutral but his responsibility for security affairs might require of him what anyone in his position would do.

The Nation