CO129-454 - Acting Governor Claud Severn - 1919 [4-6] — Page 183

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indulging in a little exaggeration and in so far as his charge

of Government neglect, is based upon such crying out, his

comments seem to over-step the element of fairness because

they are exaggerated and because the facts do not appear to

tally with them,

The preceding remarks have been based on the assumption

that the references to the Government come within the category

of "gommen t but not of "fair comment" but it is submitted that

an examination of the paragraphs in question shows that they

contain not comment but an allegation of fact i.e. neglect.

it was perfectly open to the writer to comment freely on the

policy and action or inaction of the Government in the matter

of communication in view of whatever light it shewed itself

to him and to express an opinion that such policy action or

in-action had been negligent. But he appears to definitely

allege that the Government neglected the whole matter. This

seems almost a specific charge of "neglect" and not a comment.

If it is he can only justify it by substantiating it. Не

Cannot substantiate it because though it may be his opinion

it is not a fact.

So far then as the first three paragraphs are concerned

the position it is submitted, is that if they contain an

allegation of fact they cannot be substantiated. If they

coutain comment and not an allegation of fact such comment is

not fair comment" because it is founded on facts which are

not true i.e, no neglect,

It appears important to establish one or other of these

positions because it is the comment or allegation, whichever

it be, in these three paragraphs and the circumstances there

de tailed or alluded to which lead up to the libel the subject

of these proceedings.

If the defen dan ta are unable to support the first three

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