Boonmark set to sue EC over red card in 2001

Published on February 17, 2005

A Democrat Party candidate in the 2001 general election yesterday threatened to sue the Election Commission for Bt100 million in damages after winning an acquittal verdict on vote-buying charges.

The EC penalised Boonmark Sirinawakul with a red card, banning him from the race in Ratchaburi and suspending his voting rights for 10 years.

Its ruling was based on witness evidence that Boonmark had bought votes.

It also filed a criminal lawsuit against him with the Ratchaburi Provincial Court, charging him with campaign cheating and demanding that his voting rights be suspended for 10 years.

In delivering his verdict, presiding judge Kamhaeng Ketmak said the prosecution had called 10 witnesses who gave conflicting testimonies on whether Boonmark had committed campaigning irregularities.

“At least two prosecution witnesses admitted to harbouring grudges against Boonmark during the defence cross-examination,” Kamhaeng said.

Citing insufficient evidence, he dismissed the case.

“After four years of enduring the humiliation heaped upon me and my family, I have now cleared my name,” Boonmark said.

He said he would ask his lawyer, Thanuwat Phumee, to start proceedings for criminal and civil lawsuits against the EC for wrongfully penalising him.

“I will demand compensation payment for tarnishing my reputation,” he added.

“I might also sue certain election officials and prosecution witnesses for fabricating statements to frame me for vote buying.”

Former EC member Sawat Chotipanit, who was in charge of the Boonmark case, said the Democrat Party member had a right to sue but the courts would decide on the outcome.

“The EC ruled in good faith and its decision to hand down a red card to Boonmark was based on credible evidence about unfair campaigning,” he said.

“The judicial review was based, however, on a different set of legal principles for criminal violations.”

Saichon Srinuanjan,

Thanyaporn Kunakornpaiboonsiri

The Nation

RATCHABURI

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