Sodsri unconvinced Newin's role in govt formation is punishable

Newin is a banned former Thai Rak Thai Party executive but the electoral provisions have a wide leeway for interpretation as to whether he has violated his ban by playing a decisive role in the Democrat-led coalition, she said.

"If Newin were to be punished, the electoral laws and the Constitution must be amended to spell out the scope of the ban and how it should be enforced," she said.

Under existing provisions and precedents, the ban prescribes for the convicted party executive to be removed from the electoral process and refrained from working or being involved in an executive capacity for five years.

In order to penalise Newin for his involvement in the coalition's formation, the prosecution has the burden to prove that he had acted like a party executive.

It would be virtually impossible to obtain sufficient evidence for a re-enactment in the courtroom of Newin's actions, Sodsri said.

In his complaint against Newin, Pheu Thai MP Surapong Towijakchaikul submitted a photograph depicting Prime Minister Abhisit and Newin hugging one another, which many saw as a gesture to seal the coalition deal, she said.

But this is not sufficient evidence to sway the judicial review that would consider whether Newin had violated his ban, she said.

Even though Newin was involved in activities leading to the formation of the government, the ban does not specifically exclude him from politics but only from those acts deemed under the jurisdiction of a party executive, she added.

She said Newin's controversial involvement in the Democrat-led coalition was a legal loophole, just like the one about a nominee party.

Although the Pheu Thai Party is widely known as the nominee of two disbanded parties - Thai Rak Thai and People Power - there is no legal definition of the nominee party, hence no legal mandate for penalty.

Commenting on the 29 by-elections scheduled for January 11, the Election Commission member said it was possible that the Democrats might not win sufficient seats to retain their narrow majority.

Should this happen, the political situation would become increasingly complicated, as Pheu Thai might gain the majority while the Democrats cling to power in a minority government, she said.

Sodsri reminded the government to brace for political and economic woes. The Democrats will likely face many uncertainties, since their survival hinges on factors beyond their control, such as the loyalty of coalition partners, she said.