$l000 fine, for third bookmaking offence

Press, 20 February 1980, Page 4

$l000 fine, for third bookmaking offence

A Christchurch restaurant owner’s third conviction for bookmaking cost him $1076 in the Magistrate’s Court yesterday. The defendant, Anthony Patrick Canovan, aged 39, proprietor of the Charing Cross Restaurant, was fined $lOOO by Mr F. G. Paterson, S.M.

The Magistrate also ordered the fortfeitiire of the $276 which was in the defendant’s wallet and pockets when he was apprehended by two detectives, but directed that $2OO of this go towards payment of the fines.

The defendant, who was represented by Mr M. B. O’Regan, pleaded not guilty to the offence.

Sergeant W. J. McCormick prosecuted. Two detectives gave evidence of seeing the defendant in the lounge bar of the King George Tavern, Madras Street at 3-40 p.m. on September 29.

He had a transistor radio on the bar, and a race digest and pen. . Detective L. P. Payne said that, in the 1| hours that he and Detective R. Homan, were in the bar, three races were run and four or five persons approached the defendant and passed him money: The defendant was also seen to pay money out to three patrons. One patron gave the defendant $lO to place on a horse running at a North Island meeting. The defendant received at

least six telephone calls, and spoke briefly to the caller before returning to his position and again making reference to his race digest.

Detective Homan said that after being arrested in the hotel the defendant denied having been bookmaking and said he was just drinking. The defendant had $276 on his person. Cross-examined, he said the defendant had stated the money was from his restaurant takings. It comprised change in one picket, a large amount of money in his wallet, and loose notes in another pocket.

No defence evidence was called but counsel submitted that the defendant had takings from his restaurant at the tavern. There were Other sporting events broadcast that afternoon, and this explained why he only listened to race commentaries at intervals.

The Magistrate said he accepted that the defendant was operating in only a comparatively small manner. However, he warned the defendant that if he committed a fourth bookmaking offence lie could lose his liberty'. (Before Mr K. W. Frampton, .. . S.M.) SIX WEEKS JAIL A man convicted on one charge of receiving, and another of- theft, involving property to a total value of $778. was sent to prison for six weeks.

Last week Neil John Gould, aged 24, admitted receiving 16 shirts and a jersey, and stealing five pairs of sheets, the property of the Farmers Trading Company on February 4. ■

In explanation to the. police Gould had said the unemployment benefit was hot enough and that he committed the offence, to get extra money. Counsel (Mr P. D. Woolley) said had it' been determined only recently that his client was an alcoholic. He said Gould had been at a loose' end had been spending time in bad company, and had been spending his benefit on alcohol.

Mr Woolley said a place was available next month at Queen Mary Hospital at Hanmer Springs where his client could receive treatment.,

The Magistrate accepted that the offences had been committed in order to obtain funds so that the defendant could continue drinking. In imposing the term of imprisonment h® said it was primarily to impress on Gould the seriousness of his offend- 1 ing and in the hope, it would provide the motivation in that the defendant would seek treatment for his alcoholism and continue with it. . An. associate, Carl Arthur Sparrow, aged 23, unemployed who ■ also admitted and was convicted, on the joint charge of stealing five pairs of sheets, was sentenced to six months periodic detention..