Fine for car raffle

Press, Volume CXI, Issue 32587, 22 April 1971, Page 3

Fine for car raffle

(N.Z. Press Association) OAMARU, April 21. John Arthur Charles McKenzie, aged 56, a \ farmer, and president of i the Oamaru Jockey : Club, was fined $2OO ; when he appeared before Mr T. A. Ross, S.M., this morning on a charge of establishing a raffle with a car as a prize.

Detective J. D. Gordon/said that McKenzie had established a raffle, to be drawn after a social function, with a motorcar as a prize.

In November of last year 3000 tickets had been printed to be sold at $2 each. The raffle had been drawn at a function on March 12. Detective Gordon said that McKenzie had freely admitted establishing the raffle on his own initiative to help the Oamaru Jockey Club out of financial difficulties.

Mr E. T. Alty, appearing for McKenzie, who pleaded guilty, said that McKenzie had established the lottery on his own initiative with the aim of raising money for the club.

“Throughout the period the defendant was under the impression that the means by which he was raising money

was legal. The tickets were sold for a social function at a much inflated price. The money raised was used to purchase a car which was intended to be given to the president of the social club, to be drawn for at the function.”

Mr Alty said that it was significant that the Jockey Club had suffered a series of setbacks. This year the club had established a meeting, hoping to attract horses and patrons from a great distance away. About SIO,OOO had been offered in prize money instead of the usual S6OOO.

“The purpose of the raffle was to underwrite a loss at this meeting. The club faced not only the normal loss but an additional S4OOO if the meeting was not successful.” Mr Alty said that as a result of a conviction being entered, the defendant would be banned from entering a racecourse. There was a provision for an exemption to the ban, but it was a long process. The Magistrate said that the matter caused some concern about the social attitude of the community to the charge. “A major part of the penalty is that he will be banned from the racecourse. It seems odd that in being convicted he will be banned from an industry which depends on gambling. “The Government has established a sort of lottery to

encourage savings by bonus bonds and other methods and is in danger of having the finger pointed at them when they penalise gambling activity.”

The Magistrate said that he had looked at the act to see if he could get around the situation by not entering a conviction, but by charging heavy court costs. However, court costs had to be fair and reasonable in payment of prosecution. “I cannot see that the award would be fair, and therefore I am bound to impose a fine. I am not prepared to impose just a nominal fine, because the organisation concerned had made a substantial profit.”