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186
withdrawing any imputations in the letter from "Wireless the
paragraph maintains them.
It is submitted that the allegations which are complained
of are not comment or fair criticism but are allegations of
fact, that is of negligence and are libellous.
It is thought it will be possible to secure witnesses
who will give evidence as to the impression they gathered
from the letter, namely that it charged the plaintiff with
negligence in the performance of his duty.
It will be noticed that the defendants published the
libel in two separate publications one circulating in the
Colony and generally throughout the Far East. The other
circulating amongst a, perhaps, wider audience at home,
It
is naturally particularly distasteful to the plaintiff that
his relatives and friends at home should get the impression
that he neglected the duties of a responsible post.
The Extract from the outlook" was sent anonymously to
the plaintiff. It appears to be a good sample of fair
comment on similar lines,
The following references to "odgers on Libel" may
of assistance to Counsel.
Separate publications
P. 151
Publication onus.
p.152, 155,
Procuration.
p.161, 164.
-14-
be
Every publication of a libel is a
distinct and separate act and a
distinct and separate cause of
action.
The onus lies on the plaintiff.
Every one who requests or procures
allo ther to publish a libel ie
auswerable as though he wrote it
himself.
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