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paragraphs as legitimate comment or as fact still-1088 so can
they support the libel upon the ground that the circumstances
on which the first three paragraphs are founded justify the
libel. There is another aspect of the libel which will be deal t
with presently but if the defendants cannot justify the first
three paragraphs they cannot justify the libel as "fair
comment" or as fact, by setting up that it must be read in the
light of the first three paragraphs.
The fourth paragraph, upon which these proceedings are
founded, Contains the alleged libel, The defence, so far as is
know is fair comment". It is necessary to examine the libel
from this point of view as well as from the point of view of the
Plaintiff. So far as the plaintiff's point of view is concerned
it is submitted the paragraph in question víz;- "It is to be
hoped that the New District officer (South) will display a
little more interest in his District than his poetical and
1 ai esez-faire predecessors" contains a distinct allegation of
fact that the Plaintiff neglected to perform the duties of
his office. A more serious or comprehensive charge could not
well be made against a Government servant in charge of a large
District and particularly against a Junior Government servant.
The plaintiff is clearly singled out from his predecessore
by the word "poetical". The passage openly alleges that the
plaintiff did not display enough interest in his District i.e.
in his duties in respect of his District. If it is necessary
in the interests of the pistrict and its inhabitants that the
New District officer should take a greater interest in his
duties than was taken by his predecessors and particularly by
the plaintiff then it necessarily follows the plaintiff did
not take sufficient interest i.e. he slacked.
The passage contains, in its language, charges against
the plaintiff of negligence in the performance of the duties