1935 Present : Maartensz and Koch JJ.

SABAPATHY v. HUNTLEY.

328-D. C. Avissawella, 1,635.

Defamation-Statements made against Medical Officer-Charges of professional incompetence and negligence-Made to Director of Medical and Sanitary Services-Communication to the Chairman of Planters' Association who was also Member of Medical Wants Committee-Privilege-Truth of statements a complete defence-Appeal-Question, of fact-Decision of House of Lords-Evidence Ordinance, ss. 114 and 165.

Plaintiff, the District Medical Officer in charge of a Government hospital, sued the defendant, a planter, for the recovery of damages arising from certain defamatory statements made by the defendant , concerning the plaintiff.

The statements were made in a letter, which was addressed to the Director of Medical and Sanitary Services, a copy of which was sent to the Chairman of the Planters' Association of the District and was published in the newspapers as part of the proceedings of a meeting of the Association.

The Chairman of the Association was also a member of the Medical Wants Committee instituted under the provisions of the Medical Wants Ordinance, No. 12