In The Privy Council.

On appeal from the Supreme Court of Ceylon.

Present: Lord Macnaghten, Lord Atkinson, Lord Collins, and
Sir Arthur Wilson.

COREA v. PEIRIS.

D. C, Kurunegala, 2, 740.

Malicious prosecution-Requisites of proof-Charge based on information-Belief in the truth of the charge-Conduct of a reasonable man of ordinary prudence-Animus injuriæ Reasonable and probable cause-Burden of proof-Competency of counsel to give evidence on behalf of his client-Making out a new case, on the hearing in review-Roman-Dutch Law-English Law.

The principles of the Roman-Dutch Law and the English Law on the subject of malicious prosecution are practically identical, and the onus of proving the existence of animus injuriæ, or malice rests on the plaintiff under both systems of law.

Where a person, makes a criminal charge against another on information received by him from others, the motives of his informants, or the truth in fact of the story they tell, are to a great extent beside the point. The crucial questions for consideration are: Did the prosecutor believe the story upon which he acted ? Was his conduct in believing it, and acting on it, that of a r