Thursday 12:45pm More to come after 6pm Thai time. Quickly, I have heard Abhisit being interviewed and he was very conciliatory to TRT saying amongst other things he felt for the 109 party executives (excluding Thammarak and Pongsak)who have lost their political rights. He also made some references to how reconciliation might be difficult given the outcome of the case. He further said that he/the party would meet with other party executives to discuss the political situation, he stated that this would include TRT party executives.

A Chat Thai representative stated that former TRT party executives could still be members of political parties.

2:45am

Reuters reports:

"It's a big surprise because banning more than 100 people will make the political game unfair. It's negative for the country's political climate, which needs checks and balances," leading financial analyst Thanawat Patchimkul said.

"It's a political massacre," said Kongkiat Opaswongkarn, head of a leading brokerage.

Thaksin, living in exile in London, was saddened by the punishments, his lawyer said.

"It is an unexpected ruling and we are disappointed by the verdict. It's too harsh on Thai Rak Thai," Thaksin's lawyer and spokesman Noppadon Pattama told Reuters in Bangkok.

"DANGEROUS CRIMES"

The tribunal found Thai Rak Thai guilty of paying a small party to run in elections last year to circumvent rules on single candidate polls.

It also said Thai Rak Thai paid two small parties to bribe an election official to falsify their records to show candidates were eligible to run in elections Thaksin called as street protesters accused him of abusing power and corruption.

"The Thai Rak Thai's crimes are very dangerous to democracy," Judge Krairerk Kasemsant said as Thai Rak Thai officials, including several former Thaksin cabinet colleagues, sat stonefaced as the verdict was read out.

There was no immediate violence in Bangkok, where 1,800 uniformed, riot and plain-clothes police surrounded the court with 13,000 police and troops waiting in the wings.

But that could still come, analysts said, with a new constitution due to be put to a referendum in September ahead of a general election the government installed by the military has promised for December.

"I think it would be naive to assume that a decision will resolve the current political problems," Global Insight analyst Elizabeth Mills said in London. "It will be difficult to envisage how meaningful elections can be held in December."

Few doubt the generals, who say they staged last September's coup in part to prevent violence as the street campaign against him grew, wanted Thaksin out of politics.

However, banning the telecommunications billionaire could outrage the millions of people in the countryside and the urban poor who gave him two landslide election victories.

"It is certain the people of the country won't accept it," Thai Rak Thai leader Chaturon Chaisang said while calling for restraint.

1:53am

TRT was dissolved because the Constitutional Tribunal deemed it had breached section 66(2) and section 66(3):

The Constitutional Court may issue an order dissolving a political party which has carried out any of the following:
...
(2) an act which may be adverse to the democratic regime of Government with the King as Head of the State under the Constitution;
(3) an act which may endanger the security of the State, or may be contrary to law or public order or good morals or

COMMENT: Ok, under section 66(3), you could say the action was "contrary to the law" which is a very low threshold although part of the Tribunal's decision almost suggested it lacked "good morals", but did they commit an act which was "adverse to the democratic regime of Government with the King as Head of the State under the Constitution"? I really don't get this one.

I wish to note my concerns with the decision primarily relate to the courts reasoning. However, I have some concerns over the court's finding of facts on the actions of Thammarak and Pongsak. I don't have have access to the witness transcripts and was not in the court able to assess the witnesses demeanour. That aside. From what the court found there was certainly no smoking gun either on (1) the actions of Thammarak and Pongsak, or (2)the nexus/connection between their actions and the actions of TRT.

I was surprised at the logic of their fact finding especially as some of the key witness testimony was of witnesses who completely changed their testimony from them being paid by TRT to them being forced to testify by the Democrat Party. The reliability (or in legal speak the probative value) of this evidence is suspect. As it was not a criminal case there is a lower threshold for what evidence is admissible, but I seriously question the value of the evidence. Nevertheless, I am willing to concede there was at least a reasonable case against Thammarak and Pongsak as individuals, but how did they connect their evidence to be the actions of the party (see Tettyan's comment)

1:37am
A PDF of the TRT decision is available here.

CNN reports:

The party used the parliamentary election as "a means to achieve totalitarian power," Judge Vichai Chuenchompoonuj said. "It goes to show that the ... defendant does not believe in the democratic system."

The decision, which cannot be appealed, was greeted with shock and tears at Thai Rak Thai headquarters, where hundreds watched the proceedings on television. Party leaders, however, urged supporters not to protest.

"We want to insist that we will not protest the ruling," Thai Rak Thai leader Chaturon Chaisaeng told reporters.

"We know you are confused, some are disappointed. But we ask you to be patient and be prudent. As long as people have faith and belief in our party platforms, there will be a way out."

Before the ruling, Thaksin had also appealed for calm from exile in London.

"We have to respect the rules of the game. That is, the rule of the law," he said

.

COMMENT: Has the Tribunal opened up a can of worms by its almost political criticism of Thaksin? They could have left at they broke the law. End of story.

1:27am

From a political talk show on Channel 9, Prinya a Law Lecturer at Thammasat and Vice-President (or is it Vice-Rector) of the University. Sodsiri is a former judge and current Election Commissioner (yes, she is the supporter of the military joining the National Crisis Council).

Some major points from Prinya:

• The Democraty Party has been dissolved 4 times. He also talks about registering a new party and stated that TRT could register as a new party in a similiar name or even the same name. This has been allowed in the past.
• TRT should be given a new chance. He said that power rests with the National Legislative Assembly who can rescind the Orders of the Coup Leaders, thus the new law would also apply retroactively. He said this might lead to reconcilitation. Currently, 111 people are in a political prison for 5 years. Were they were all wrong?
• As soon as possible, we should have a new election.
  

COMMENT: He briefly said he didn't agree with the decision although it is clear from hearing appearing on a similar type show the other day, he didn't agree with all party executives being banned as this would require the law applying retroactively, which he said was against the rule of law.

Some major points from Sodsiri:

• Can't register a new party because of Orders of the Coup Leaders. These Orders would need to be rescinded first.
• The Election Commission is ready for an election, subject to the promulgation of a new constitution. She said it was possible for a new election in October if the Referendum was held on 19 August.
• Question on whether actions of Pongsak and Thammarak were actions in the name of the party or actions for the benefit of the party?
  

COMMENT: October Election. Interesting?

1:22am I have just noticed for some reason upon editing this page that it changed the default not to allow comments so I apologize it should be ok now. I don't know why this has happened. If you want to comment you should be able to do so now.

12:16am Talking with Matchima leader Somsak (who was a TRT party executive and this is banned for 5 years) on TITV. He thinks the decision won't led to reconciliation.

COMMENT: I wonder whether a political party will be established by former TRT MPs who were not party executives? I imagine it will be called the "Nominee" party.

12:12am Chaturon is now speaking on the stage. He wants to think all the people who came to the party HQ to support them. He also wants to thank [all party supporters] for not pressuring Constitutional Tribunal and for not going to the Constitutional Tribunal today.

Sudarat has now also arrived and is coming onto the stage.

Chaturon says that the decision was unexpected. He says they have a different view on the verdict and thinks they didn't receive justice. He said that many people will review the decision. He says the decision reflects the position that whoever seizes powers wins. He cannot accept this type of power. He says that now he has lost all political rights and can't vote. He says the country is under a dictatorship and it is causing economic problems.... We then go back to the studio.

COMMENT: He seems to be careful not to criticise the judges, but is going after the CNS.

12:09am A TRT person representative is speaking and saying that TRT wants reconciliation.

NOTE: Somkid is also one of the party executives.

12:03am Thai TV reports from TRT party HQ. They are asking for people to do not do anything. Chaturon has just arrive at TRT party HQ.

11:59pm Chaturon is quoted as saying that the decision was unexpected, but respects the decision and asks that no one does anything. 11am tomorrow TRT will have a press conference.

11:59pm BBC reports:

The Constitutional Tribunal said it "did not respect the rule of law" and could not exist as a political party.

COMMENT: So if TRT respects the decision now, does that mean the Tribunal is wrong. What about TRT broke the law and that is why they were dissolved?

11:53pm So how will protest the decision? I imagine those who were still in TRT before today (I am referring to Chaturon and not the PTV protesters) will be quiet about the decision, but might come out against the referendum.

Former Constitutional Drafter Khanin on Channel 3 thinks the elections will need to be held early to keep the situation under control.

11:45pm At TRT Party HQ, we have someone speaking. He doesn't appear happy,

11:39pm Ok, now the Court has given its verdict. TRT is dissolved and all 111 party executives are banned from politics for 5 years. So no Matichima, Thaksin, or even Snoh.

5 hours and 25 minutes. 104 pages. And they read it all!

11:29pm I see The Nation has the following report (cache - in case they delete it), but I still haven't heard the words officially:

The Constitution Tribunal ruled that the Thai Rak Thai did not have enough political ideology to remain as a political party and had committed wrongdoings warranting dissolution.

The tribunal found that the Thai Rak Thai-led government dissolved the House to help its party leader Thaksin Shinawatra over his personal problems.

The judges found that Thaksin had power over party's ideology.

The judges found that the political problem stemmed from the party leader's personal problems.

The judges ruled that the Thai Rak Thai allowed the election to be abused as tool for the party leader to try to monopolise power.

The tribunal also found that the party did not attach importance to elections and did not have political ideology to help the people to have well being as promised during election campaigns.

COMMENT: Should a court be deciding that because it deems a political party doesn't have political ideology that it should be dissolved? If this a case being decided strictly on legal principles.

Now, we are being told what happened after Thaksin stepped down/refused to accept the position of PM just after the April 2006 election.

11:23pm 5 minutes there were smiles on the all TRT faces, but now they seem a little mystified... I can't blame them.

11:23pm We are going back and forth. He says one thing and then seemingly contradicts what he says. He says TRT wasn't really interested in developing the country and difficult to find the principle of the party.

11:17pm Why the history lesson? We are now been told about the Shin sale, protests, Thaksin's dissolution of Parliament, now the coup... Judge said the problems arose from Thaksin.

11:13pm Actions must be severe in order to be a threat to national security and not just a minor breach of the law. Talking about TRT solved the economic crisis, won the 2001 and 2005 elections, had 14 million members. TRT will not be dissolved as to do so will cause economic problems or dissolving TRT will cause economic problems... It seemed settled but now he is still talking about the history of January/February 2006. What is going on? Oh, now he is blaming Thaksin.

10:59pm Both Thammarak and Pongsak are important members of TRT and received no personal benefits. The benefit would go to the party (because of the need when there is a single candidate in an electorate seat for that candidate to receive 20% of the vote). But Thammarak was responsible for the Northeast. However, it is believed on the evidence that both of them received support from TRT. Just waiting for the judge to say TRT will be dissolved as I can't see from their finding of fact that there is any other possibility.

10:20pm Bangkok Post reports:

The Constitutional Tribunal has found two Thai Rak Thai executive committee members guilty of illegally hiring small parties in the April, 2006, election - Gen Thammarak Issarangkura na Ayudhya and Pongsak Raktapongpaisarn.

10:10pm Thammarak and Pongsak supported the smaller parties and gave them money

8:05pm We are just looking at now whether the Constitution's Tribunal has jurisdiction to hear the case, the transfer of the case from the Constitution Court under the 1997 Constitution to the Constitutional Tribunal under the 2006 Temporary Constitution. I can only be imagined it is being dealt with now because the Constitutional Tribunal's jurisdiction was not previously challenged by the Democrat Party.

7:53pm TV is taking a break for the daily Royal News. No comment.

7:45pm The Court is saying that the money allegedly paid by Thammarak, 50,000 baht, doesn't make sense as no reason to give the money. The images of Thammarak from the Defence Ministry were edited (not necessarily photoshopped, but could just mean misleading). Also, no evidence that anyone actually received the money.

7:42pm The Bangkok Post reports:

The Thai Rak Thai party of former prime minister Thakin Shinawatra has been aquitted of charges that it cheated in the April, 2006 general election, and will not be dissolved.

Judges of the Constitution Tribunal commented in their verdict that the party had "done a lot of good for Thailand" and also said that the barrier for dissolving a party was set high by the 1997 constitution and by human rights standards

Analysts said the ruling appeared to say that all the party's members could be held guilty and punished en masse, even if there were cheating in the 2006 election

COMMENT: I think the final paragraph should read .... members could NOT be held guilty..

7:25pm TRT seems to have got off on the first charge. The judge briefly talked about how important political parties are. On this charge, Order No 27 of the coup leaders (banning party executives) doesn't seem to apply - which I don't quite get as well TRT wasn't dissolved in that charge. If I understand correctly, that on the facts, Order No 27 can't apply retroactively. They appear to be distinguishing between TRT and the other smaller party which was dissolved. This sounds a little contrived although it is possible.

7:20pm The court is doing an analysis on former sections 27 and 29 of the 1997 Constitution. Not wanting to bore you will legalese, but section 29 provides for a balancing test for the restriction of civil liberties. It is similar to a proportionality test so Act of Parliaments can be deemed unconstitutional if they are not proportionate (i.e can't use a hammer to crack a nut). So they are saying there is a high threshold for dissolving party as it affects civil liberties. The court doesn't say, as there was a commercial break before that, so I am not sure if they are repeating TRT's legal arguments and giving their judgement. They are just reading out the verdict.

6:29pm Abhisit is being interviewed on Thai TV. Nothing much. He doesn't want to speculate on the TRT decision.

6:25pm Abhisit is giving a press conference. He is thanking Chuan and Banyat (both former leaders). He said he doesn't want to individually thank others in case he forgets someone, but does thank the lawyers Bundit and a law lecturer. He says he/the party is grateful.

He is referring to the importance of political parties in a democratic system which the judges referred to in their verdict. He hopes today is the end of a chapter and that from tomorrow we can start things anew, we can have the election in December, as the PM stated.

6:15pm The verdict against TRT is about to commence.

6:11pm There are only 2 charges against TRT. Democrat Party will hold a press conference when the party leaders get back to the party HQ - estimated within the next 10 minutes.

6:10pm There is a break in proceedings and we were are waiting for the TRT decision.

5:55pm: The smaller party was guilty as there was a document issued on behalf of the party which was found to be false - thus the necessary nexus between the actions of the individual and the party.

5:40pm: He is moving onto the next smaller party so the Democrat Party is ok. The party survives. The smaller party is dissolved, but well who cares.

Looking at Order No 27 from the Coup Leaders (party executives lose their political rights for 5 years), they say it can apply retroactively. Bad news for TRT. So if TRT is dissolved, all the party executives will be in trouble. It doesn't matter whether they resigned after the event.

5:36pm From what I understand from the Judge, there is no evidence for the dissolution of the Democrat Party, but he is still talking so there must be more charges.

COMMENT: There is talk about the importance of political parties for the country in a constitutional monarchy and their role in administering the country

5:22pm Another charge bites the dust:

The Constitutional Tribunal cleared two senior Democrat members of accusations that they involved in hiring smaller parties to contest in the April 2 election.

They were party spokesman Sathit Wongnongtoey and party's secretary general Suthep Thueksubhan.

Attorney General office had accused both of involving in the hiring of Prachathippatai Kaona party to run in Phuket in the April election.

However the Tribunal said that after examining the evidence, they found that both did not involve in the accused acts. Both also did not pay money to the smaller party to contest in the election

The Tribunal also said Taikorn Palasuwan, did not hire Wattawit Tantipirom, leader of Better Life Party to wrongly accuse Thai Rak Thai. What Taikorn did was merely seeking evidence.

COMMENT: From Live TV another charge against the Democrat Party is dismissed.

5:10 pm The Bangkok Post reports:

The Constitution Tribunal decided Wednesday that Democrat party leader Abhisit Vejjajiva is not guilty of defaming ex-Thai Rak Thai party leader Thaksin Shinawatra as accused by the Thai Rak Thai.

Mr Abhisit was accused of making false accusations against Mr Thaksin when he was giving a public speech last year.

The tribunal judges said that what Mr Abhisit has said were the truth and that his negative opinions against Mr Thaksin were done according to his role as an opposition leader, so it was his right to do so according to the democracy.

The Democrat now still faces another three election fraud charges, launching a no-vote campaign, hiring small parties to make false accusations against Thai Rak Thai and preventing a candidate from a small party from contesting the election.

COMMENT: Things are still looking good for the Democrat Party. Abhisit is doing stretches.

4:43pm The Nation reports:

The Constitution Tribunal ruled that the Democrat had not campaigned negatively against the Thai Rak Thai by attacking the Thaksin regime.

The ruling was the first in six rulings being read by the tribunal.

COMMENT: There were initially 8 rulings in Thai, but I assume because the MPs and Senatorial Election Act doesn't apply, this has been reduced to 6.

3:43pm The Nation reports:

The Constitution Tribunal ruled Wednesday that the Democrat Party had not breached the MPs and Senatorial Election Act because the act had lapsed after the coup.

The ruling was the first verdict in four counts of charges against the Democrat.

Judge Somchai read the verdict, saying the organic law had not been exempted by any coup order so it was annulled by the coup.

The tribunal is still reading other verdicts.

COMMENT: Given this, TRT should get off on the same charge.

3:30 pm Are the judges working on the theory that if they bore the public to death with reading all the details of the case (we are 2 hours in) everyone will just be happy to hear the verdict?

Another Screenshot of Democrat Party Leaders (Chuan, Abhisit and the rest of the gang) from Kom Chad Luek



COMMENT: I wonder if Abhisit and Chuan are thinking to themselves that they should just have stayed at the party HQ. It reminds me of university all over again.

If you really want to, here is a live feed.

2:45: Still Nothing yet

2pm Kom Chad Luek and Thai Rath report that the President of the Constitutional Tribunal asks that the people prevent the country from being damaged and listen to the verdict. He pleads for reconciliation and that all Thais be unified.

COMMENT: Umm. Why is he saying this? I thought the decision wasn't political.

Screenshot of Democrat Party Leaders (Chuan, Abhisit and the rest of the gang) from Kom Chad Luek

13:25 pm The Nation reports:

12:55 pm: The Saturday People Against Dictatorship Group announces it fails to meet the schedule to hand out Jatukam Ramathep talismans at Sanam Luang at noon. The group claims police have stopped its truck carrying the talismans. About 300 people are waiting at Sanam Luang for the talismans. Police tell the group to cancel the plan to distribute the talismans if they fail to do it by 1 pm. Observers believe the group plan to use talismans to draw people to join its demonstration.

12.50 pm: The number of people in front of the Constitution Court rose to about 20.

12:30 pm: Abhisit arrives at the Constitution Court. He has to push through an army of policemen and reporters waiting outside the court. About 500 reporters, both Thais and foreigners, are covering the event

COMMENT: So the 15,000 security officials don't have much to do. There are more reporters than protesters! Will the CNS claim credit for "creating an understanding"?

12:40 pm Thai Rath reports on the schedule for the decisions. The Democrat Party decision will be handed down at 1:30pm and the TRT decision at 2:30pm.

The Constitutional Tribunal's website looks well prepared to add links, with the text (links yet to be added) to the decisions with respective links to 4 different servers.

12:05 pm Kom Chad Luek reports (Thai language only) quoting from government sources (within Surayud's official residence) that only TRT will be dissolved. The report says that what will happen to party executives is not yet known.

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