High Court, in defamation proceedings, determines that a fair trial is still possible, and refuses application to dismiss the jury, on the grounds that the questioning by the counsel for the newspaper did not cross the line into impermissible evidence as to the meaning of the impugned article.
Defamation – practice and procedure – evidence - application to discharge the jury - counsel for the newspaper had evinced an intention to introduce and had sought to adduce on the cross examination of the politician impermissible evidence as to the meaning of an article about which he complains and published by the newspaper – argued that putting the evidence of a witness who to the effect that he considered the impugned article to be a joke trespassed impermissibly on a function which is the exclusive preserve of the jury - deliberate attempt to prejudice the jury as to meaning which cannot be corrected by a direction of the Court or by way of examination of the witness - inevitably involve an inquiry into the witness’s understanding of the article - evidence was likely to have had an impermissible and prejudicial impact on the jury – newspaper articles about the purported attitude of the witness – newspaper were unaware of the witness’s potential involvement until examination in chief - entitled to explore these matters - ascertain whether he would be willing to give evidence concerning these matters and, if so, it was absolutely proper such should be put to the politician so as to enable him comment upon it - evidence as to meaning – law governing applications to discharge the jury - whether or not, having due regard to the matter in question and the circumstances which have given rise to the application, a fair trial may yet be had by the parties - case is not made that the impugned article was published in jest - thin line which may exist between evidence as to meaning and evidence as to the impact or effect of an allegedly defamatory statement - will not be permitted to give any evidence which goes to the meaning he may have attributed to the article although his reaction thereto as described by the Plaintiff during his evidence in chief may properly be explored with him in due course – fair trial still possible - application to dismiss jury refused.