Sept.1,1911    Present: Lascelles C.J. and Middleton J.

SILVA v. BALASURIYA.

230 -D. C. Matara, 5,086.

Defamation-Action does not lie against witness for statements made in Court-Dutch law when deemed obsolete.

A witness is protected by the law of Ceylon from proceedings for defamation in respect of statements made by him as witness in the course of a judicial proceeding.

Lascelles C.J.-When we find that the Dutch law on a matter of frequent occurrence is inconsistent with the well-established and reasonable practice of the Colony, and that it has never been recognized by the Supreme Court, it is a fair inference that the Dutch law on this matter has either never been introduced into the Colony, or, if introduced, that it has been abrogated by disuse.

THE facts are set out in the judgments.

Sampayo, K.C., for the plaintiff, appellant.-Under the Roman-Dutch law a witness has only a qualified privilege; the Roman-Dutch law does not go so far as the English law and give a witness an absolute privilege with respect to statements made by him in the witness box. (3 Nathan 1631; Norden v. Oppenheim.1) The law applicable to this case is the Roman-