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{
    "id": 848293,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/848293/?format=api",
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    "content": "to provide evidence that the matter is active in court and that its consideration is likely to prejudice a fair determination of the matter in court. Paragraph 5 gives the Speaker the discretion to determine whether to permit any matter before the Senate or a Committee taking into account paragraphs 2 to 4 above. In other words, for clarity. Paragraph 4says as follows: “Even if all the elements contained in paragraphs 1 to 4 exist, namely; there is an active matter, discussing it would be prejudicial? These are circumstances that a matter is active when it is not”. In spite of all those elements and parameters being in existence, the Speaker still retains the discretion to allow whether a matter can proceed or not, so long as it is before the Senate and, or a Committee. So, even if all those matters are proved, the discretion of the Speaker in paragraph 5 still gives this House the authority through the Speaker, to determine whether a matter can still proceed and that will not violate the sub judice rule. Hon.Senators, the sub judice rule has its origin in the Convention of the Commonwealth Parliaments, in that, restrictions need to be placed on the discussion of matters that are before the court. It is known as the Sub Judice Convention. The purpose of the Convention is to balance the freedom of speech in Parliament and fair trials which are both important values and neither can be permitted entirely to tramp the other. There are two recognized purposes of this Convention. The first is similar to the purpose of common law sub judice, in relation to media and the public, is to prevent, comment and debate of parliament from exerting an influence on juries and from prejudicing the position of parties and witnesses in court proceedings. The second purpose of the Convention is to prevent parliamentary debate on matters"
}