No sub judice involved: Legal experts

PETALING JAYA: Legal experts have said Dewan Rakyat Speaker Tan Sri Pandikar Amin Mulia was right in saying it would not be sub judice to proceed with the tabling of the Election Commission report on the redelineation of electoral boundaries.
He has the right to decide on a motion to be tabled and debated, said former minister Tan Sri Syed Hamid Albar, adding that the Speaker's ruling is based on the Standing Orders.
"Once the Speaker has made a decision, it cannot be challenged," he said when contacted today.
On the MPs rejecting a Bill by tabling a Private Member's motion, Syed Hamid said it is still up to the Speaker to accept or reject it.
Prominent lawyer Andrew Khoo concurred with the Speaker's opinion as Parliament members should have the freedom to discuss all matters.
"The principle of sub judice is only relevant when we have jury trials, and there is concern that jurors would be influenced in their decision by a public discussion of the case before the court.
"Since we no longer have jury trials, the need for sub judice protection may no longer arise," the Bar Council's Human Rights Committee co-chairman said.
"But I am also of the view that the redelineation proposals should not (have been) tabled because there are still ongoing litigation on the matter. It should not (have been) tabled until all cases are fully and finally determined.
"All MPs should honestly ask themselves whether the (redelineation) reflect and incorporate the principles set out in the 13th Schedule of the Federal Constitution," he said.
Adding that Parliament must consciously act to uphold, protect and defend the constitution.
However, Lawyers for Liberty executive director Eric Paulsen said the Speaker was "not being fair to the Opposition (as) his interpretation of the Standing Orders always favours the government".
"The redelineation case currently at the Court of Appeal is extremely challenging as it alleges that the Election Commission has prepared the report in violation of the Constitution, particularly due to malapportionment and gerrymandering.