Gobind Singh Deo, counsel for DAP Seri Delima assemblyperson RSN Rayer, raised preliminary objections in the Penang Sessions Court today to strike out his client’s sedition charge.

With the objections, Gobind urged the Attorney-General's Chambers to withdraw the charge against Rayer who was alleged to have uttered the word “ celaka ” (damn) in the Penang Legislative Assembly in May 2014.

Gobind ( photo ) said the objection was based on Article 72(2) of the Federal Constitution which refers to immunity which guarantees protection for elected representatives in legislative assemblies.

He pointed out that the exception to this is in Article 72(4) which states that the immunity can be revoked if the assemblyperson utters seditious words.

“Basically, the court has to decide whether the words uttered by Rayer amounts to seditious tendencies, if not the privilege extends,” asserts Gobind, who is also Puchong MP.

Penang head of prosecution unit Razali Che Ani requested for time to study the objections.

He argued that there were exceptions to parliamentary privilege under the Sedition Act 1948 as amended by the 1970 Emergency (Essential Powers) Ordinance No 45.

Under the amendments, one could be charged for seditious tendency under Section 3(1)(f) of the Sedition Act, or the tendency to question the national language, bumiputera special rights or the sovereignty of Malay rulers.

But Gobind countered: “Ordinance No 45 is no longer applicable and is void as Parliament has lifted the Emergencies in November 2011.”

Sessions Court Judge Ibrahim Osman then fixed Feb 29 for mention.

Meanwhile, Rayer was also charged under Section 4(b) for uttering seditious words in a ceramah during the Bukit Gelugor by-election in May 2014.

The case, to be heard in another court, was also deferred to Feb 29, and will be presided by Sessions Court Judge Zaharah Hussain.

No justification for the case

Earlier, Chief Minister Lim Guan Eng was in court to lend support to Rayer. Accompanying him was his political secretary and Air Itam assemblyperson Wong Hon Wai.

“The word is not directed to any individual and there is no justification for the case because ending this privilege (immunity) for elected representatives is neither democratic nor constitutional.

“There is no action when Umno attacks us, the AG should indeed withdraw the case or else it shows double standards,” said the DAP secretary-general.

Rayer had uttered the contentious word when referring to an event where several Umno leaders, in a rally attended by 600, condemned PKR's Machang Bubuk assemblyperson Lee Khai Loon over his ' kangkung ' flash mob .

Also in court today, as an observer, was Penang Perkasa Youth chief Rizuan Azuddin, who was among the 20 who barged into the Penang Legislative Assembly to look for Rayer on May 21, 2014.

The group had earlier accused Rayer of insulting Islam and the Malays, for directing the word " celaka " at Umno.