CO129-454 - Acting Governor Claud Severn - 1919 [4-6] — Page 184

180

I

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