Cheating charge dismissed

Press, 29 May 1981, Page 10

Cheating charge dismissed

In a reserved decision given in the District Court yesterday Judge Fraser dismissed a charge against Peter Anthony Toomey of conspiracy to defraud the Broadcasting Corporation by cheating in the 3ZB “Cash Connection” contest on December 10.

The defendant (Mr G. P. F. Thompson), aged 40, a cleaner, had denied the charge of conspiring with lain Bruce McMillan, a radio announcer at the time, to defraud the corporation of a sum of money in the “Cash Connection” jackpot. Sergeant J. E. Dwyer had prosecuted in the hearing which was completed earlier thjs week.

In his decision yesterday Judge Fraser traversed the evidence which had revealed that the defendant’s was the last successful jackpot total given before police, who were investigating alleged cheating in the contest, called on various friends and acquaintances of McMillan who were suspected of being involved in cheating in the contest.

The Judge said the defendant had been the “cut-off” point in the investigation. He gave the correct jackpot total when telephoned by the radio station and, almost im-

mediately afterwards, the police interviewed him. The Judge said there were some discrepanices between the defendant’s statement to police and the evidence of McMillan to the Court. However, there was no evidence that the defendant knew any more than he admitted to — that he was told in advance that his name was entered in the list and that he ought to listen to the radio station on December 10. There was no evidence that the defendant knew of his name being fraudulently included in the list or that he agreed, to its insertion, and also no evidence of an agreement to share the winnings with McMillan.

The only conclusion which the. Court could make was that the defendant merely made use of the information given to him. Had there been an agreement to divide the- proceeds the Court might have found the use of fraud or cheating established. However, the case was different from others which had been heard involving the same contest. The defence was such that the evidence fell short of establishing a conspiracy to defraud by cheating, the Judge said.