GAMING CHARGES DISMISSED

Press, Volume XCIV, Issue 28161, 27 December 1956, Page 9

GAMING CHARGES DISMISSED

LEGAL SUBMISSIONS UPHELD (New Zealand Press Association) NAPIER, December 25. Charges against two men of keeping a common gaming-house at the recreation hall in the Whakatu freezing works were dismissed by Mr W. A. Harlow, S.M., in the Napier Magistrate’s Court yesterday. The men, Meril Purcell, a 52-year-old labourer, of Hastings, and Ronald Huata, aged 30, of Whakatu, pleaded not guilty. They were represented by Mr A. G. T. Wane. The Magistrate upheld .Mr Wane’s submissions that the prosecution had failed to make out a prima facie case on two points under the Gaming Act. These were that there was a need to prove a control or possession of the premises, and that an isolated occasion was not applicable to the charge, which implied habitual use. The recreation hall at the works did not belong to the accused, said the Magistrate. They had only the same right to it as the other men. Therefore, they did not have any proprietary interest or control of the premises. There had been no evidence that the accused had even been suspected of keeping the house on any other occasions, said the Magistrate. “The only persons who could be prosecuted are the owner, occupier, or user, when the latter uses the premises for business. There is clearly no evidence of anything in the way of a localised business.” It was not for him to suggest a remedy for the evils of the occurrences, but he did not doubt that there was one, the Magisstrate said, dismissing the informations.