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Published on March 28, 2008

"I believe some of my colleagues will request more time to form a judgement," he said.

Sumeth said the debate would be based on three reports - from the investigative panel in charge of the linkage of electoral fraud committed by two executives to their Chart Thai and Matchima Thipataya parties, from the legal advisory panel clarifying party dissolution proceedings and from a defence writ detailing factual information.

Matchima deputy leader Intharat Yodbangtoey filed additional evidence after his party's executive Sunthorn Wilawan was disqualified from the December election.

Sumeth said the EC would examine all factual evidence and legal issues involved before forming a decision.

In his personal view, he was inclined to base his decision on pertinent provisions which stipulate for petitioning the Constitution Court to rule whether to disband the two parties. The charter and its organic laws prescribe for the judiciary to have the final say on the matter.

He said the EC would be required to reach a majority decision on whether to try the two parties. Should the ruling be in favour of trial, the EC would then forward the two electoral fraud cases to the Office of the Attorney General for prosecution review.

If the public prosecutors ruled against trial, the two agencies would have to form a joint panel to thrash out their differences. In case of no agreement reached, EC chairman Apichart Sukhagganond would have the final say in his capacity as the political party registrar. Matchima deputy leader Banyin Tangaporn voiced confidence that his party would not be prosecuted for Sunthorn's wrongdoing.

The case linked to Matchima was entirely different from that facing Chart Thai, he said. When Sunthorn received his red card, he was a caretaker executive for the leadership transition and had no authorisation to act on the party's behalf, he said.

He urged the EC to factor in the party's lack of intent to cheat and its unawareness of wrongdoing before ruling.

SUPHON THANUKRIT

THE NATION