ALLEGATION AND ARGUMENT

Thai Rak Thai

*Allegation: Subsidising small parties to field candidates in the April 2 election

Prosecution arguments:
:: Small parties Pattana Chart Thai and Thai Ground fielded candidates especially in the South. The number of candidates contesting in constituencies where Thai Rak Thai candidaites were the sole contenders in previous polls was unusually more than before. Many of the small parties’ candidates were not qualified and their party membership registration modified.

:: Witnesses joined Democrat secretary-general Suthep Thaugsuban in a press conference saying a major party hired small parties to field candidates in the election.

:: Representatives from small parties said they met Thai Rak Thai deputy leader Thamarak Isarangura and deputy secretary-general Pongsak Ruktapongpisal to negotiate the hiring - and they received money from Thamarak Isarangura at the Defence Ministry.

:: Democrat Party said pictures captured from a close circuit television at the Ministry of Defence showed a representative from the Pattana Chart Thai Party (Chawakarn Tosawat) and three other people (Tawee Suwannapat, Yutthapong aka Pongsri Siwamok and Theerachai aka Toi Chulapat) who claimed to be close to minister Thamarak Isarangura, went to see him and receive money from him.

:: Witnesses said they saw the group waiting to see Thamarak - although they could not confirm if they met him.

:: Lt-General Phadungsak Klansanoh, an aide to Thamarak, was accused of handing money to Thai Ground Party candidate Thatima Phawalee at a petrol station near Samsen railway station. He was also accused of meeting with members of the party to discuss the plot.

Defence arguments:
:: Thai Rak Thai says the party did not pay the candidates as there was no reason to avoid the requirement.

:: One of the witnesses, Thatima Phawalee later reversed her testimony against Thai Rak Thai, saying the Democrats forced her to frame Thai Rak Thai.

:: The Thai Rak Thai accepted that the stills from the video recording were taken at the Ministry but claimed it did not show the group meeting Thamarak or receiving money from him. Meanwhile, Tawee Suwannapat, Yutthapong aka Pongsri Siwamoke and Theerachai aka Toi Chulapat said they didn’t meet Thamarak and didn’t receive money from him.

:: Thamarak and Pongsak had no authority in the party to pay any money. Any party payment must be approved by an executive meeting and paid by the treasurer.

:: The small parties said they didn’t accept money from other parties to field candidates. More candidates applied to contest as they believed they had a better chance after the former opposition parties boycotted the election.

:: Phadungsak said he had never met with the party’s members. He was busy on the days accused and claimed there was no petrol station at that location.

*Allegation: Supporting small parties to amend the political party membership registration

Prosecution arguments:
:: Small parties shouldn’t have had enough money to spend on modifying member registration information filed to the Election Commission

:: The Democrats questioned where the small party’s candidates got the money to pay expenses in the registration and election campaigns, and why the small parties had to field unqualified candidates and modify membership information for them.

:: They also said the motivation was that Thai Rak Thai would benefit from the exemption from the 20 per cent minimum votes requirement.

Defence arguments:
:: Thai Rak Thai said it did not acknowledge the plan. The small parties just went ahead as many candidates were content to pay the expenses themselves as they wanted to be MPs. They also believed they had more chance when former opposition parties, including Democrat, boycotted the election.

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Democrat

*Allegation: Joining with the People's Alliance for Democracy (PAD) to topple and frame the Thai Rak Thai government

Prosecution argument:
:: The Democrats delivered speeches attacking the Thai Rak Thai government.

Defence arguments:
:: The Democrats said they did deliver speeches attacking Thai Rak Thai government, but they were telling the truth as the conduct of the Thai Rak
Thai government had harmed the country. Moreover, they didn’t join the PAD to topple the Thai Rak Thai government.

*Allegation: Hiring MP candidates from small parties to frame Thai Rak Thai.

Prosecution arguments:
:: A former assistant to former Trang MP and Democrat executive Sathit Wongnongtoey brought villagers he knew to represent the Progressive Democratic Party in the election, although they were unqualified.

:: Leader of Pattana Chart Thai Party Boontaweesak Amornsin said Democrat secretary-general Suthep Thaugsuban went to see him at his house at 2am and asked him to frame Thamarak and Pongsak.

:: Thai Ground Party candidate Thatima Phawalee, who formerly joined Suthep’s press conference accusing Thai Rak Thai, reversed her testimony and said the Democrats forced her to.

Defence arguments:
:: Suthep said he went to see Boontaweesak to get information about a Pattana Chart Thai’s membership as he’d found out it was illegally modified.

:: Taksanai Keesoon, former Sathit’s assistant, said he was acting on his own (without the party) after being contacted by a friend to find local people to be candidates.

*Allegation: Obstructing MP candidate registration in Songkhla.

Prosecution arguments:
:: A witness said the community radio host Chalee Noppawong who led the MP candidate registration blockade was a close aide to Democrat executive Trairong Suwankhiri.

:: Thai Rak Thai candidate in Songkhla said he saw former Democrat MPs greet Chalee at the scene.

Defence arguments:
:: The Democrats said they didn’t take part or support the blockade. Chalee wasn’t close to Trairong as accused.

:: When the Democrats informed voters they had a choice to select No Vote they were helping people understand their Constitutional rights.

* Allegation: Hiring the leader of the Better Life Party to set up Thai Rak Thai.

Prosecution arguments:

:: Better Life Party leader Watwarit Tantipirom said Thaikorn Polsuwan threatened him to co-operate with the Democrats, otherwise he would have to face lawsuit for fielding unqualified candidates in the election.

:: Video recording showed Thaikorn Polsuwan asking the party’s leader to frame Thai Rak Thai former deputy leader Suwat Liptapanlop. Reward money was mentioned.

Defence arguments:
:: The Democrats said Thaikorn was acting without the party’s acknowledgement as he wasn’t a member of the Democrat party. He was a leader of an anti-Thaksin group.

:: The video recording didn’t clearly mention the amount of money or people involved.

:: The Democrats said they didn’t have a reason to frame Suwat. Not filing a complaint against Suwat to the EC was proof of that.

:: Thaikorn said he went to meet Watwarit as he was investigating electoral fraud. His move had nothing to do with the Democrat Party.