GEORGE TOWN, Jan 19 — Penang DAP’s RSN Rayer who was charged with two counts of sedition in 2014 for uttering the words “celaka Umno” raised two preliminary objections today in a bid to have the court strike out the two cases.
His lead counsel, Gobind Singh Deo, who submitted the objections to the Sessions Court this morning, said they touched on Rayer’s privilege as state assemblyman and on the question of whether the lawmaker’s words were seditious in nature.
“I have raised preliminary objections on two grounds — one is on whether the court has jurisdiction to hear this case because the alleged offence was made during the proceedings in state assembly.
“Second, is whether the words said could amount to a seditious tendency, so if there’s no seditious tendency, then there’s a protection under Article 72(2) of the Federal Constitution,” Gobind told reporters after submitting the preliminary objections.
Earlier in court, Gobind read out Article 72(2) of the Federal Constitution, which provides protection to state assemblymen and parliamentarians for what they say in the House.
“There was only one exception to that protection, under Article 72(4), where only if the case is under the Sedition Act,” he said.
Lead prosecutor Datuk Razali Che Ani said the prosecution would need more time to study the objections raised by Rayer’s team.
Sessions Court judge Ibrahim Osman postponed the cases against Rayer and fixed February 29 for mention.
Rayer is facing two separate sedition charges for his controversial “celaka celaka Umno” remark made in May 2014.
He was charged in August 2014 under Section 4(1)(b) of the Sedition Act for allegedly uttering the “celaka Umno” words on May 20 that same year during the state legislative assembly sitting.
He was charged a second time, also for a similar “celaka Umno” remark, allegedly made during a Bukit Gelugor by-election ceramah at Jalan Delima on May 22.
Outside the courtroom today, DAP secretary-general Lim Guan Eng urged the Attorney-General to withdraw the case against Rayer.
“What was said was in the state assembly and what he said was not directed at any community but against Umno,” he said.
The Penang chief minister also raised the matter of privilege, saying it would be unconstitutional to punish Rayer for words uttered inside the state assembly chambers.
“Whatever he said in state assembly, we have privilege unless he touched on seditious matters.
“And he was attacking another political party, not touching on race or religion, so the AG should direct for this case to be withdrawn,” he said.
