Present: Branch C.J. and Garvin J.

LEISA v. SIYATUHAMY.

171-D. C. Kegalla, 6,600.

    Defamation-Statement made in course of proceedings in answer to Magistrate-Privilege.

An unsworn statement made by a headman, in the course of proceedings before a Police Magistrate, in answer to questions put by the Magistrate is absolutely privileged.

ACTION for defamation brought against the defendant, a village headman, by the plaintiff, a resident of his wasama. It was based upon a statement made by the defendant, in answer to the Police Magistrate, in the course of a case in which the plaintiff charged certain persons with assaulting and robbing her. During the course of the proceedings in the Police Court the plaintiff was cross-examined as to her moral character, and when objection was taken to these questions, on the ground that there was no foundation for the allegations, it was suggested to the Magistrate that the defendant should be called and questioned on the point. While the plaintiff was in the witness box the defendant was summoned into court, and in answer to a question stated that " the plaintiff's house is a house of prostitutes.