EC dismisses junta's classifed documents case

"The crucial issue leading to the dismissal of the case is the absent of wrongdoing," EC chairman Apichart Sukhagganond said.

The junta and the PPP both testified that no actual implementation happened because the two classified documents were leaked before the budget was earmarked to carry out the plans, he said, adding that the PPP confirmed its discovery of the plans - but not the actions.

He said the EC did not address the issue of the authencity of the documents, which was not under its purview.

He also dismissed speculation that the EC might cite a caution against the junta, arguing that the caution was deemed unwarranted because the junta was not involved in any wrongdoing.

In regard to the EC-appointed panel report finding the junta guilty of lacking political neutrality, he said the EC named the Suphon Yutithada panel for a fact-finding mission in order to assist the five EC members to form their decision on the issue.

But the Suphon panel decided to act beyond its mandate and took a four-to-three vote to pass judgement, he said.

"The EC acknowledged the panel report but was not obliged to agree with every finding," he said.

He said the five EC members were free to review the report as deemed necessary before forming their own judgement.

He admitted that the classified documents singled out the PPP as a target but the issue was deemed irrelevant following the finding that the plans were not implemented.

By a majority vote of four-to-one, the EC decided to drop charges relating to the alleged undermining of the PPP and stopped short of addressing the issue of whether the junta had tried to tamper with the electoral process. It simply stated in its ruling that a review was unwarranted with the absence of any violations.

In the deliberation leading to the majority decision, EC member Sodsri Satayathum was the lone dissenting voice. She argued that the EC had no mandate to review the case involving the junta.

Her argument was in effect in favour of an outright dismissal while the majority of four deemed it necessary to review before drawing a conclusion to dismiss the case.

Of the majority four, Apichart and EC member Prapun Naigowit opined that the junta lacked the political neutrality but the interim charter and Article 309 of the 2007 Constitution granted immunity to security-related actions undertaken by the junta. Because of the immunity, the two voted for the case dismissal.

Two EC members, Sumeth Ubanisakorn and Somchai Juengprasert, argued for the dismissal after finding no violations committed. The two refused to address Article 309 on grounds that this might allow the junta to act with impunity in the future.

The Nation