ELTHAM BOOKMAKING CASE

Hawera Star, Volume XLIX, 17 July 1929, Page 5

ELTHAM BOOKMAKING CASE

WHAT MIGHT HAVE BEEN

In imposing a fine of £IOO on Antonio Novak at the Eltham Magistrate's Court yesterday for carrying on the business of a bookmaker, Mr. R. W. Tate. S.M., said to tlie accused: “You have heard what counsel has said —he has said it very well. You are a foreigner charged with infringing the law. largely because others are doing it. What you are up against now is that you are liable to a fine of £SOO or imprisonment for a, term of two years. There lias not been anything said on the question of imprisonment because I realise that counsel would find it a very difficult subject to discuss. You have been convicted before under the Gaming Act, and I have to ask myself what justification there is for fining you-at all, and why should 1 1 not send you at once to gaol. It seems to me tiiat a good - long period in gaol would give you at any rate time to reflect on the unwisdom of I conducting tlie bookmaker’s business. But I don’t propose to send you to gaol—although you deserve to go there —because you are a foreigner. 1 have j not sent a bookmaker to gaol yet, but when I do it will be one of my own race. It would be more satisfactory to send one of my own blood to gaol first instead of a foreigner. Only for that reason, to gaol you would go. You are convicted out of your own confession and will be fined £100.”

Mr A. Chrystal, who appeared for the accused, asked for a time allowance in which to pay the line, pleading that the latter was only in a. small way of business and could be classed as ■ a “silver bettor.” Accused, he said, I had been previously convicted and ; fined £SO for a similar offence. This had made serious inroads into his legitimate business as a restaurant keeper, and it was with the object of recouping himself that he had continued as a bookmaker. He was foolish to bet in a small way, as otherwise he would have made sufficient to' clear his liabilities. In proof that accused was not in a large way, the sum of only £43 17s 9d was found on the premises at the time of the police raid, this amount representing his betting for three days’ racing and the returns from his business. Accused had pleaded guilty and had not given the police any trouble. The infliction of a heavy fine would probably not affect the accused so much as those who are dependent upon him. The magistrate said accused must not think he could go on doing this kind, of thing with impunity, or in the • same way that one bought a sewing I machine, and lie hoped counsel would impress upon his client that he had very nearly been committed to gaol. Two months were allowed in which to pay the line.