Present The Hon. Mr. A. G. Lascelles, Acting Chief Justice,
and Mr. Justice Middleton.

COREA v. PIERIS

D. C., Kurunegala, 2,740.

Malicious prosecution-Actio de injuria-Acquittal-Onus-Animus injuriandi-English Law-Roman-Dutch haw-Counsel giving evidence for their clients.

In an action de injuria arising out of a criminal prosecution, the fact that the plaintiff has been acquitted does not throw on the defendant the onus of justifying the prosecution.

Both according to the principles of the Roman-Dutch Law and the English Law, in an action for malicious prosecution the onus is always on the plaintiff to prove-(1) that he was innocent, and that his innocence was pronounced by the tribunal before which the accusation was made; (2) that there was a want of reasonable and probable cause for the prosecution, or, as it may otherwise be stated, that the circumstances of the case were such as to be in the eyes of the Judge inconsistent with the existence of reasonable and probable cause; (3) that the proceedings of which he complains were initiated in a malicious spirit, that is, from an indhect and improper motive, and not-in furtherance of justice.