Ruling Democrat Party's judgement day

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BANGKOK, Nov 29 -- The ruling Democrat Party and its executives face a possible court decision today on their future--a judgement that could order the party to be disbanded and its leaders banned from politics.

The Constitution Court on Monday will hear closing remarks of the prosecution and the defence and will then decide whether or not to deliver a verdict on that day, as was done with three previous party dissolution cases.

High court president Chat Chonlaworn is scheduled to preside over the session when the Constitution Court judges meet to decide whether the Democrat Party misused Bt29 million in political campaign funding allocated by the Election Commission (EC) prior to the April 2005 election.

For the defence, Democrat chief adviser Chuan Leekpai is to deliver a closing statement, while for the prosecution, lead prosecutor Kitinan Thatpramuk will present the final argument on seeking to disband the Democrats.

The six presiding judges have reportedly drafted their individual opinions, paving the way for a vote on their collective decision in the case.

The Democrat Party, contesting the charges, will say they are unlawful and that spending restrictions affecting the party depend on which Political Act – either the now defunct 1998 or the present 2007 act.

The party had spent the funds on projects which had been approved and the party had reported its spending accurately.

Under the current constitution, senior leaders, including party leader Prime Minister Abhisit Vejjajiva, could be banned from politics for five years if the party is found guilty. Mr Abhisit was a deputy leader of the party at that time.

Mr Abhisit earlier said this case differed in its essential nature from the electoral fraud charges brought at other times against the Thai Rak Thai, People Power and Chart Thai parties.

He admitted that if the court disqualifies him it will cost him the prime minister's seat and his post will be filled by a caretaker who is most senior among the cabinet ministers.

Deputy prime ministers Suthep Thaugsuban, Trairong Suwannakhiri and Maj Gen Sanan Kachornprasart have all been mooted as possible caretaker prime ministers.

Mr Suthep is the most senior deputy followed by Mr Trairong.

Mr Suthep and Mr Trairong are both Democrats. Gen Sanan, once the Democrat secretary-general, is a member of the Chart Thai Pattana Party.

Mr Suthep, Mr Trairong and Maj Gen Sanan do not face the threat of a political ban as they were not Democrat executives at the time of the alleged misuse of the election campaign subsidy.

The Democrat Party has also been accused of violating the Constitution and faced dissolution by receiving a Bt258 million donation, exceeding the legal limit, from TPI Polene Plc, one of the country's leading cement manufacturers, founded by former Matchimatipatai Party leader Prachai Leophairatana. (MCOT online news)