Wow！原來痛罵《巫統該死》Celaka Umno是無罪的！太好了！今後大家可以理直氣壯的痛罵Celaka Umno了！
文：張丹楓
這不是我們自己說的，這是法庭說的！斥罵巫統該死不是罪！檳州地庭同時宣判《Celaka Umno》並不等同與《Celaka Melayu》；因為巫統不能證明他們是唯一代表馬來人的團體，巫統只是一個政黨。因此罵巫統Celaka並未觸犯煽動罪，當庭宣判檳州行動黨州議員RSN 雷耶無需針對警方的煽動罪指控答辯；警方敗訴！
檳州地庭庭主伊布拉欣奧斯曼在判詞中說，訴方（即警方）無法提出足夠證據證明雷耶州議員觸犯煽動罪。
他說，雖然訴方證明了答辯人確實有在州議員發表談話時提到Celaka字眼；但是訴方卻不能證明證明這個字眼含有煽動成份，因為巫統並非一個單一種族團體，巫統只是一個政黨。馬來西亞由馬來人主導的政黨不只是巫統一個因此不能構成《辱罵巫統該死等於辱罵馬來人該死》的指控。Celaka Umno not Celaka Melayu！
庭主同時也認定《巫統》這個名稱不能與馬來族群劃上等號。《巫統只是一個政黨，在法理上沒有代表某個單一族群的權利和地位。》
雷耶是因為在2014年州議會開會時受到巫統的流氓暴徒不斷干擾，忍不住在議會大廳痛罵《Celaka!Celaka!Celaka Umno!》，因而被巫統的《看門狗》警方援引煽動法令第4（1）（B）條文控上法庭。一旦罪名成立，可被判坐牢不超過5年及罰款不超過5千令吉。
『Celaka Umno not celaka Melayu』, court rules as DAP rep acquitted of second sedition charge
GEORGE TOWN, July 28 ― The Sessions Court here acquitted and discharged today DAP state lawmaker RSN Rayer of a second sedition charge over his 「celaka Umno」 (Damn Umno) remark.
Sessions court judge Ibrahim Osman said the prosecution had failed to prove a prima facie case against the Seri Delima state assemblyman.
「While the prosecution has proved that he has said those words in a speech, it has failed to prove the seditious element as Umno is not a racial group but a political group,」 he said when reading his decision today at the end of the prosecution's case.
The court also finds that the phrase 「celaka Umno」 does not translate to 「celaka Melayu」.
Rayer had been accused of uttering 「celaka, celaka, celaka Umno」 on May 20, 2014 during the state legislative assembly sitting.
He was charged under Section 4(1)(b) of the Sedition Act 1948 and would have been liable to be jailed up to five years or fined RM5,000 or both if found guilty.
Ibrahim today said he did not find the phrase 「celaka, celaka ini, celaka Umno, biadap, kurang ajar」 to contain any seditious tendency.
Rayer had made the remark at the appropriate forum, in the state assembly, Ibrahim added when pointing out that the lawmaker was also commenting on elements raised in the Penang governor’s speech.
He also said a political party cannot be defined as representing a race.
「The court could not accept Umno as a race because by referring to a political party as a race, it would give rise to negative implications as there will be many other speeches against political parties especially during election campaigns,」 he said.
The judge then acquitted Rayer and ordered that he be released immediately from the charge.
This is the second sedition charge Rayer has been acquitted of and discharged in relation to the 「celaka Umno」 phrase.
In April, he was acquitted and freed of a charge under Section 4(1)(b) of the Sedition Act 1948 and an alternative charge under Section 504 of the Penal Code.
He was charged with uttering a similar 「celaka Umno」 phrase during a Bukit Gelugor by-election ceramah at Jalan Delima on May 22, 2014.
Outside the courtroom, Rayer's lead counsel, Gobind Singh Deo, urged the Attorney-General not to appeal against the decision and asked that the appeal against the April decision also be dropped.
「The AG yesterday said he doesn't understand why people criticise him and question him so I call upon him to study this case as to why people question his role,」 Gobind said.
He said the AG should not appeal against this decision as it might impact on the role of all elected representatives.