It is not automatic that because the first case against the Democrat Party was dismissed on technicalities that the second one will be as well.
About 50 anti-government demonstrators dressed in black rally in front of the Constitution Court in Bangkok yesterday to protest against its ruling on Monday to dismiss the case against the Democrat Party on technical grounds.
The basics of this story should be clear and, once again, you will seem much of the same vocabulary as you have over the past two days. It is still a difficult story, however, so prepared to spend some time with it. I suggest you listen to the audio more than once.
Prosecutors gird for next round
Democrats hope to have latest case dismissed
The Office of the Attorney-General expects the case against the Democrat Party over a suspected illegal donation to go ahead despite the Constitution Court on Monday dismissing a case against the party over alleged abuse of an election grant.
The OAG said yesterday the charges in the two cases were quite different, but the Democrats' defence team still plans to ask the court to dismiss the donation case.
The party hopes to use the court's decision on Monday to drop the charge of misuse of a 29-million baht political party development grant as the basis for asking for the case involving the multi-million baht donation to be thrown out as well.
The Democrat Party has been accused of accepting an illicit donation of 258 million baht from cement giant TPI Polene Plc without declaring it. It faces possible dissolution if found guilty.
Deputy Attorney-General Waiyawuth Lortrakul said yesterday prosecutors were ready to contest the Democrats' request for the case to be dismissed.
He said the prosecutors saw the donation charge as distinct from the case related to the 29 million baht grant.
The two cases have different grounds to proceed and the legal provisions that needed to be enforced were also not the same, said Mr Waiyawuth, who works on the prosecution team handling the 258 million baht case.
Election Commission member Prapun Naigowit yesterday insisted the case of the donation would not run into the same technical hurdles over the time frame for submission required by law as that involving the grant.
He felt EC chairman Apichart Sukhagganond, as the political party registrar, had done his best in the funds case and should not bow to the pressure being put on him to resign to take responsibility for the matter being dismissed.
He said the legal provisions governing the dissolution of political parties might need to be amended.
"The dissolution of a political party is a major issue, but the legal 15-day time frame is too short," he said.
The Centre for the Resolution of the Emergency Situation has ordered security officers to provide protection for the Constitution Court judges amid fears they could be attacked following their decision which spared the Democrats.
Chalerm Yubamrung, leader of the Puea Thai Party MPs, said yesterday he planned to seek the impeachment of the four judges who ruled in favour of the Democrats on Monday.
Mr Chalerm said he would ask his party to file a motion with the Senate seeking to oust the four charter court judges under Section 270 of the constitution.
If the four judges were not found guilty, he said he would then move on to petition to expel Mr Apichart.
The EC chairman should be held responsible for failing to submit the case related to the misuse of the 29-million baht grant in time, Mr Chalerm said.
The Constitution Court yesterday issued a statement explaining why four of its six judges voted to drop the charge of misusing the grant.
The statement said three of the judges ruled to dismiss the charge because a recommendation by Mr Apichart during an EC meeting on April 12 this year that the Democrat Party be dissolved was the EC chairman's personal judgement. It was not seen as the political party registrar's recommendation.
This meant the political party registrar had not come up with a recommendation that the Democrat Party be dissolved, the statement said.
The statement also said the commission's resolution at its meeting on April 21 that the political party registrar would proceed with the dissolution case was procedurally incorrect and therefore unlawful.
The fourth judge ruled to dismiss the charge because it was clear Mr Apichart had failed to submit the case within the 15-day time frame required by law, according to the statement.
prosecutor – a lawyer whose job is to prove in court that someone accused of a crime is guilty อัยการ
gird – to prepare for a difficult activity เตรียมพร้อม
round – one of a serious of events, activities, etc. รอบ
dismiss (a case) – to decide that a court case should not continue ยกฟ้อ
Attorney-General – the top legal officer in some countries, who advises the leader of the government อัยการสูงสุด
suspected – thought to be something เป็นที่สงสัย
illegal – against the law ผิดกฎหมาย
donation – money or goods that you give to an organisation, especially one that helps people เงินหรือสิ่งของบริจาค
alleged – claimed to be true, even though this has not yet been proved ที่กล่าวหา
abuse – the use of something in a bad, dishonest, or harmful way การใช้ในทางที่ผิด
grant – an amount of money that the government or an organisation gives you for a specific purpose and does not ask you to pay back เงินช่วยเหลือ
charge – an official statement accusing someone of committing a crime ข้อหา
misuse – using something in an unsuitable way or in a way that was not intended ใช้ในทางที่ผิด
illicit – against the law ผิดกฎหมาย
declare – to state officially how much you money you have recieved, how much property you own, etc. เปิดเผย
dissolution – the process of officially ending the existence of a group of organisation การยุบ (พรรค สภา)
find guilty – to prove in a court of law that someone has committed a crime พิสูจน์ว่ามีความผิด
contest – to disagree with something and often to take action to stop it from happening ถกเถียง โต้แย้ง
distinct – clearly different แตกต่างอย่างสิ้นเชิง
grounds – reasons for saying or doing something เหตุผล
proceed – to continue as planned ดำเนินการ
legal – relating to the law or lawyers เกี่ยวกับกฎหมาย
provision – a part of an agreement or law that deals with a particular problem มาตรา, บทบัญญัติ,
enforce – to make sure laws are obeyed บังคับให้ใช้, บังคับให้ทำ, ใช้กำลังบังคับให้ปฏิบัติตาม
insist – to say very firmly that something is true ยืนกราน ยืนยัน
technical – involving the exact, small details of something
hurdle – an obstacle; a problem that you must solve before you can do something successfully อุปสรรค
time frame – a period of time when something happens or must happen เงื่อนเวลา
submission (verb form: submit) –formally giving something to someone so that can make a decision about it การยื่น (เอกสาร) เพื่อการพิจารณา
political party registrarp – an official whose job is to keep official records on political parties นายทะเบียนพรรคการเมือง
funds – money needed or available to spend on something เงินทุน
bow to – to agree to do what someone wants you to do even though you do not want to do it ยอมให้่
pressure – a force pressing against you or attempting to defeat you ความกดดัน
resign – to leave a job permanently ลาออกจากตำแหน่ง
take responsibility for – to say or admit you are the cause of something, usually something bad แสดงความรับผิดชอบ
matter – something that you are discussing, considering or dealing with สิ่งที่พูดถึง ประเด็นที่พูดถึง
govern – to control the way that things happen ควบคุม, บังคับ, ครอบงำ
amend – to make changes to a document, law, agreement, etc. especially in order to improve it แก้ไข
issue – a problem that needs to be considered ประเด็น
resolution – solving a problem, or to finding a satisfactory way of dealing with it การแก้ไขปัญหา
emergency – an unexpected situation involving danger in which immediate action is necessary เหตุฉุกเฉิน
amid – during the time when something else is happening ท่ามกลาง
spare – to prevent someone from having to experience something unpleasant ยกโทษให้,อภัยโทษ
impeachment – the process of formally accusing a public official of a serious crime relating to their job การกล่าวโทษเจ้าหน้าที่รัฐว่าทำผิดศีลธรรมหรือจรรยาบรรณ
rule – (of a court or other group with similar authority) to make and announce a decision ตัดสิน, พิพากษา, ชี้ขาด
file – to take official action like making a complaint ยื่นคำร้อง
motion – a formal proposal that people discuss and then vote on in a meeting or debate ญัตติ, ข้อเสนอเพื่อการอภิปรายในที่ประชุม
oust – to force to leave a position of power ขับออกจากอำนาจ
charter – constitution รัฐธรรมนูญ
petition – to ask someone in authority to do something ยื่นคำร้อง
expel – to force someone to leave a position, place, school, organisation or country ขับไล่,ไล่ออก
issue – to announce something officially ออกประกาศ
recommendation – a suggestion for how to solve a problem, deal with a situation ข้อเสนอแนะ
resolution – an official decision that is made after a group or organisation have voted มติ
procedure (adverbial form: procedurally) – a way of doing something ขั้นตอนการดำเนินการ
unlawful – against the law ไม่ชอบด้วยกฎหมาย, ผิดกฎหมาย
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