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TMI Blog1934 (10) TMI 8X X X X Extracts X X X X X X X X Extracts X X X X ..... t of an article entitled: An Armistice Day in Rome, which was published in that newspaper on November 19, 1928, in which, in the second column, determinate facts, dishonouring and untruthful, are ascribed to plaintiff, damaging said plaintiff's honour and reputation in such a manner as to expose him to public contempt and derision, imputing to him that he had stupidly and unwarrantedly attacked the dogmas of the Catholic Faith, in which article the following words occur: But the advent of Strickland has created such an atmosphere through his stupid and unwarranted attacks on the tenets of faith. 3. In his statement of defence the respondent repudiated the claim and demanded its dismissal. 4. In accordance with the practice in M ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... xpedient to innuendo the word tenets as meaning dogmas, while the respondent, in addition to his general repudiation of the appellant's claim, pleaded justification. The appellant produced no further evidence, but the respondent produced certain reports of debates in the Legislative Assembly on January 31, and February 18, 1924, containing speeches by the appellant, and a publication, edited by the Vatican in 1930, containing documents relating to the Maltese Question, and which may be conveniently referred to as The White Book. This document are matter was produced by the respondent in support of his plea of justification, and the White Book was not produced as evidence, but only for information and reference. Further, as regards ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... his Church. Here, again, the appellant has led no evidence to prove that the incriminated article is per se defamatory, and their Lordships are unable to hold that it is per se defamatory. As already stated, the White Book and the reports of debates are not evidence for this purpose. 9. It follows that their Lordships agree with the Court of Appeal that the action falls to be dismissed, though on different grounds and it becomes unnecessary to consider the respondent's plea of justification or any further contentions in the case. 10. Accordingly, their Lordships will humbly advise His Majesty that the judgment of the Court of Appeal should be affirmed and that the appeal should be dismissed with costs. - - TaxTMI - TMITax - I ..... X X X X Extracts X X X X X X X X Extracts X X X X
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