The police and the Attorney-General have violated the authority of the Penang legislative assembly and cannot prosecute Seri Delima assemblyman without the consent of the speaker said Datuk Law Choo Kiang (pic).
In a statement today, the Penang state assembly speaker said, without his consent they cannot punish any assemblyman over a wrongdoing inside the assembly, so the sedition charge hanging over Seri Delima assemblyman R.S.N. Rayer, who made the remark, is null and void.
"As speaker, I had given Rayer a warning not to repeat that remark under the Standing Order.
"I allowed the Barisan Nasional backbenchers to table an emergency motion to the special committee of the House in relation to the issue, although they could not get enough support from other backbenchers to push it through.
"I made the call based on the Standing Order and with that, all matters that arise from that issue should end immediately," he said.
Rayer, who made the remark during the state assembly sitting on May 20, was arrested for allegedly committing sedition yesterday.
He was initially due to be charged in court this morning but the prosecution was instructed by the Attorney General's Chambers not to charge him until further notice.
Law said the state assembly is the highest executive authority in the state, based on the principles of separation of powers.
"The judiciary is tasked with ensuring policies are followed without any wrongdoing or power abuse.
"The decisions made by the state assembly must be followed and respected by all," he said, adding that the judiciary cannot encroach into the powers of the state assembly.
Law also cited Articles 63 and 72 of the Federal Constitution on privileges in the parliament and state legislative assemblies.
He said elected reps enjoy immunity for what they say in the House except for making remarks on matters like human rights, the national language, and the rights, positions and privileges and sovereignty of the Malay rulers that may be deemed seditious.
"However, 'celaka Umno' is not included in any part in the constitution except that it is just not a nice remark uttered by an assemblyman during debates in the state assembly.
"The actions of the police and the Attorney-General in this case do not respect the separation of powers and can be seen as selective prosecution," he said.
Law asked all quarters to respect the status and power of the state assembly, and not let it turn into some children's playground.
He also lashed out at the police and Attorney-General for only charging the people, who intruded into the state assembly, for trespassing under Section 448 of the Penal Code.
"As I have stressed, the sanctity of the House must be respected. The men who had created a ruckus had no regard for the law that states it is a crime to violate the House.
"At the same time, they have also threatened the democratic system that has been in place.
"The police and the Attorney-General should show a good example in protecting and preserving the parliamentary democracy system of this nation," he said.
This morning, 15 men were charged with trespassing into the House at a George Town's Magistrate's Court. They claimed trial, facing three years jail, fine of RM5,000 or both upon conviction.
It was reported that the alleged trespassing was committed during a protest by Penang Umno Youth members on May 21, a day after Rayer uttered the remark "celaka Umno" (damn Umno) in his speech at the state assembly.
- TMI
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