The Sessions Court in Penang has freed Seri Delima assemblyperson RSN Rayer from one of the two sedition charges filed against him.

Sessions judge Roslan Hamid ruled that the prosecution was not able to prove that Rayer's ‘celaka’ remark, made during a ceramah, has the tendency of sedition.

Rayer is facing two charges of sedition under Section 4(1)b of the Sedition Act for allegedly uttering the word ‘celaka’ (damn) against Umno at a ceramah during the Bukit Gelugor parliamentary seat by-election in May 2014.

On the second charge, Rayer is accused of uttering the same word against Umno in the Penang state legislative assembly in May 2014.

This case is still on trial, under another judge in the Sessions Court, Ibrahim Osman.

When met outside the court, Rayer's lawyer Gobind Singh Deo welcomed the court's decision to free his client from the charge.

"As we have said earlier, there is no offence in this case," said Gobind, who is also the MP for Puchong.

"Today, we witnessed how the court had delivered the same decision, which proves what we have been saying all this while.

"Now, we urge the attorney-general to look into the court judgment and not to appeal against the decision," Gobind said.

"We hope the AG will accept the decision and will not go further."

Umno just a political organisation

Reading his decision, judge Roslan said the prosecution needed to prove two elements if they wanted to establish a prima facie case against Rayer under the Sedition Act.

"Although the prosecution has called six witnesses and proved that Rayer had indeed uttered those words in a speech, they failed to prove that the remark carried any seditious element or tendency in nature.

"The court needs to consider the full background and context of the relevant remark," Roslan added.

"However, Umno is just a political organisation and not equal to any individual, ethnic or religious group. Hence Rayer's remark can't be seen as seditious."

Also present in court were Chief Minister cum DAP secretary-general Lim Guan Eng, state executive councillors Jagdeep Singh Deo and Phee Boon Poh, Jelutong MP Jeff Ooi and Air Itam assemblyperson Wong Hon Wai.

Other than Gobind, Rayer's counsel included Ramkarpal Singh and CV Prabhakaran, while DPP Lim Cheah Yit prosecuted.