- J10 P173
on the issues, that the appellant’s 3rd witness had been charged
over the alleged clandestine meetings. That the question whether
the contents of the charge letter were true or not is neither here nor
there. The newspaper article is simply informing the public about
the fact that the appellant’s 3rd witness was charged with
disciplinary offences by the M.M.D.
We have examined the case record and the judgment appealed
against. We have also considered the submissions and have looked
at the authorities cited, on the 1st ground.
Two defences were pleaded and argued in the Court below,
and have been raised and argued again in the 1st ground. These
are the defences of fair comment and denial that the words
complained are not defamatory. In the judgment, the trial Judge
did not specifically deal with them. He dealt with the claim on the
basis of the respondent’s duty to inform the public, full disclosure
in the process of doing so and the veracity or otherwise of the
statement complained of. In this judgment, we intend to deal with
the two defences in relation to the evidence on record. We wish to
start with fair comment.
It is a defence to an action for defamation that the statement
is a fair comment on a matter of public interest. The rationale is
that criticism ought to be, and is, recognised in any civilised
system of law as indispensable to the efficient working institution

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