183
The
his own opinion and not making a definite allegation.
Passage gives no indication of opinion but only gives indicat-
ions of allegation. on the assumption, however, that it is
comment it is submitted that it is clear it is not fair comment.
The burden of the whole of the rest of the letter is that no
electrical communication exists; that it ought to exist, that
the Police Stations have been crying out in vain for it, that
the Government (not the plaintiff) has neglected both the noed
and the cry, that the writer hopes the New District officer will
persuade the Goverment to change both its view and its
a
ttitude on this one question (not that the views or attitude
or attention to duties of the Plaintiff ought to have been
changed) which is the sole question with which the writer is
concerned, Now then can a general charge of neglect in respect
of duties other than tho se relating to this one question come
within the bounds of what is fair.
Not only this but "fair comment" must be founded on facts
truly stated. The writer slips up badly here. His facts are :-
(a) That the Government have neglec ted the question.
on
the contrary it has had the close attention of the
authorities,
(b)
That the Police Stations have been crying out in vain.
They have not cried out at all.
(c)
That the plaintiff could by his efforts have ensured
the provision of communication. As a Junior officer
subordinate to the Goverment he could have done
nothing of the sort whatever he had done unless he had
provided communication out of his own pocket and,
apart from the fact that he had no pocket out of which
to provide it, it is very doubtful if he would have
been permitted to personally provide it.
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