Lomas v Caine [1980] FijiLawRp 20; [1980] 26 FLR 108 (8 February 1980)

[1980] 26 FLR 108

SUPREME COURT OF FIJI

PETER ANTHONY LOMAS

-v-

FREDERICK CAINE

[SUPREME COURT, Kermode, J.-8 February, 1980]

Civil Jurisdiction

A. Singh with Anil Singh for Plaintiff
V. Parmanandam for Defendant.

Action for Slander in respect of words spoken at the Tradewinds Convention Centre, Lami. Discussion of meaning of fair comment, plea of justification, aggravation. Onus on defendant. Accusation of racial hatred defamatory.

Held: An accusation of racial hatred was defamatory

Case referred to:

Digby v. Financial News Ltd. (1907) 1 K.B. 509.

KERMODE, J.

JUDGMENT

This is an action for slander although the indorsement on the writ of summons states the claim is for damages for libel. The indorsement and the statement of claim make it clear however that the plaintiff complains about words allegedly spoken about him and published by the defendant at the Tradewinds Convention Centre Lami.

It is not in dispute that the plaintiff was at all material times a journalist employed by the Fiji Sun newspaper.

Nor is it disputed that the defendant at a meeting of the Alliance National Council to which members of the public and the press were admitted, spoke and published of the plaintiff the following words:

"......Some of the people who write these articles should he sent out of this country. And I've got to mention the man's name and that is this Peter Lomas and a few American Peace Corps who have sowed the seed of hatred in the sport of basketball. And I found out in other sports that this particular author has also caused racial hate in rugby in football and professional boxing. I was more than insulted of this recent scrap between Mundine and Fossie Schmidt of Samoa. You should have been there to see the reaction. I wasn't there but someone who saw (laughter) came and said 'hey, you Samoan.' (Laughter) You save how Fossie Schmidt ran out of the scrap to his dressing room. It's the way the article was written accusing the Australian aborigine that he's got a glass jaw. And now there's a division amongst the Samoans in the Western Division. This type of example we must stamp out and get rid of people who do indirect create this."

The evidence discloses there was a meeting of the Alliance National Council at the Tradewinds Convention Centre on the 5th August 1978. Amongst others who were present at the meeting were the Prime Minister, Ratu Sir Kamisese Mara, the Deputy Prime Minister, Ratu Sir Penaia Ganilau, the Minister for Labour and Immigration, Ratu David Toganivalu and other ministers and former ministers and prominent supporters of the Alliance Party.