But surely someone should be allowed to say what they saw, be it prima facie or not as long as no accusations are made. eg I saw or my mate saw x and y come out of the toilets at the pub the other night. If no accusations are made, I can't see how that would be defamatory. If he said I saw x and y coming out of the toilets and I bet they were doing z then that is defamatory. eg what if someone said I saw Cogs and Polak driving down the street together the other day. Is there a difference?
However, with daniel's final comment, "Now i wonder what was going on there??" could have the potential to bring on speculative replies which would no doubt have the potential to be defamatory.
Anyway food for thought. Lets not let freedom of speech be a victim here.