‘20 officers’ in raid; gaming act charges

Press, 11 July 1980, Page 5

‘20 officers’ in raid; gaming act charges

Evidence that 20 police officers made a raid on His Lordships Hotel, with a search war-rant under provisions of the Gaming and Lotteries Act, was given in the District Court yesterday. The hotel licensee, Durham Stuart Ogilvie, faced two charges under the act, and one of selling liquor to persons in the bar at a time when he was not authorised to sell.

The defendant, aged 47, pleaded not guilty to charges of permitting the hotel to be used for the purposes of an illegal lottery — a Calcutta sweepstake on the New Zealand Cup on November 6 — and permitting the. hotel to be used for an illegal game of chance, a red, white, and blue game. He admitted the charge of selling liquor to patrons. After hearing prosecution and defence evidence, and counsel’s submissions, Judge McAloon reserved his decision until August 6 on the gaming charge - . The defendant was remanded on bail until then.

Mr P. G. S. Penlington and Mr K. T. Grave appeared for the defendant. Sergeant W. J. McCormick prosecuted.

Prosecution evidence was given that when the police party visited the hotel about 10 p.m. on . Sunday, November 4, they’ found a Calcutta

sweepstake and colour game in progress. The colours game involved players placing money on their selected colour on a table which had sections in each of the three colours. A dart was then thrown at a board which had one-eighth inch (0.32 cm strips of each colour.

Even money was paid on two of the colours, and double money on the other colour if it was hit by the dart. The Calcutta was run on the New Zealand Trotting Cup which was to be run the following Tuesday. Persons drawing a horse had the chance to auction it, or retain, it for the running of the race. If the horse was auctioned the seller retained half the' money and the other half! went into the race pool.

At the end of the auction the money was to be divided : into first, second, and third prizes for the holders of tickets on the major placegetters in the cup race. Detective R. Homan said 50 to 60 persons were in the public bar, most of them with drinks.

A blackboard in the bar had horses’ names, and other names and numbers, and varying amounts of money

written on it. A man sat at a table counting money. The detective seized $1540 in notes and $330 in cheques. A sum of S2OO was found at a table where the red, white, and blue game was being played. Cross-exam-ined, he said this was a type of game available at entertainment places such as sideshows.

The defendant said in evidence that he agreed to a request from a club for the Calcutta sweepstake to be held when he found that tickets were only $1 and no money was to be taken out of the pool for profit to organisers. He said he asked a friend to run the colours game as the friend had been conducting this game at showgrounds for the last 20 or 30 years.

The defendant said he became very upset when the police party of 20 arrived, damaging doors. He felt very 7 embarrassed as many persons there were his personal friends, whom he had asked along. Mr Penlington quoted legal references in support of his submissions that skill was required i.i the games, and that the sweepstake was not a lottery.