the words were published. Where a defence of qualified privilege is set up, as in the present case, the burden lies on the defendant to prove that he made the statement honestly, and without any indirect or improper motive. Then, if he succeeds in establishing qualified privilege, the burden is shifted to the plaintiff in this case to show actual or express malice which upon proof thereof, communication made under qualified privilege could no longer be regarded as privileged: Rajagopal v. Rajan [1971] CLJU 117; [1971] 1 LNS 117; [1972] 1 MLJ 45 [27] Rajagopal v. Rajan (supra) was a Federal Court judgment which held, inter-alia: "In a case in which it is sought to rely on this defence (qualified privilege), it is for the defendant to prove the facts and circumstances which establish that occasion as privileged. If he does that, the burden of showing actual or 13 express malice rests upon the plaintiff and, if this is shown, communications made even on a privileged occasion, can no longer be regarded as privileged (Halsbury's Laws of England (3rd ed.), Vol 24, section 98, pg. 55).". Further, that: "Malice which avoids qualified privilege is ill - will or spite or any indirect or improper motive in the mind of the defendant at the time of publication and actuating it (Halsbury's, ibid section 1380, pg 79)."