Court rejects plea by ex-EC members

Following the session, Vasana Puemlarp, Prinya Nakchudtree and Virachai Neawboonnien sought and received bail pending the filing of a final appeal with the Supreme Court.

Yesterday's ruling was the second appellate case to confirm electoral mismanagement involving the three. In each of the two cases, the three face a penalty of two years in jail and having their voting rights revoked for 10 years.

Democrat Party secretary general Suthep Thaugsuban initiated the criminal litigation charging the three with a lapse of duty by failing to promptly address the complaint that the then-ruling Thai Rak Thai Party paid two small parties to contest the elections.

The appellate decision stated the lower court had examined legal issues and facts pertinent to the case before handing down the guilty verdict and that the defence failed to raise new issues for the appellate review to warrant overturning it.

The three defendants were alerted to the allegation of electoral fraud on March 20, 2006, weeks before the April 2 balloting, the verdict said.

The three failed to take action even after the Nam Yimyaem panel found sufficient evidence to substantiate fraud charges and after the Supreme Court handed down two consecutive decisions to cancel the revote on grounds that the fraud involved the ruling party.

The lower court initially penalised the three with three years imprisonment before granting leniency on grounds of their service to the country. The three asked for further leniency citing their poor health. But the appellate review turned down the sentence reduction for lack of remorse.

The ex-commissioners attended the session but did not react to the verdict.