On 16/03/2008, J. Colaco < jc> <[EMAIL PROTECTED]> wrote:
> jc's comment: > > I wonder whether somehow, we have possibly lost sight of the fact that > > 1: a 15 year old was raped and was found dead - possibly killed. > 2: Goa has become infested by drug dealers and their drugs. > 3: this was NOT so until 1966. > > A crime (perhaps 2 crimes) has(have) been committed. One which has > plastered Goa negatively in the national and international press. > > Whenever LIBEL suits arise, one wonders if we know what that means and > how difficult they are to prove. Furthermore, even if they are > successful - ALL they end up doing is wasting the time of the courts. > This mother, Fiona MacKeown, could hardly be able to pay up costs. > > To succeed in any libel suit, Ravi Naik must show not only that the > offending statement is false, but also that Fiona MacKeown either knew > it to be false or did not care whether it was true or not. (The bar in > Indian libel law might be set a wee bit lower) > > In any event ... I'd like to use this opportunity to direct our > attention to What the BJP is alleged to have done to Tehelka ........ > "The saga is a depressing example of how the Kafkaesque weight of > government can be used to crush those who challenge its methods " > > please vide infra > > jc RESPONSE: The burden of proof in libel cases is reversed; in effect Fiona would have to prove that she did not libel..... Please see:- http://www.libertarian.co.uk/lapubs/legan/legan032.pdf Also check up law books on libel. -- DEV BOREM KORUM. Gabe Menezes. London, England