UNLAWFULLY ON RACECOURSE

Hawke's Bay Tribune, Volume XXIII, Issue 77, 13 March 1933, Page 6

UNLAWFULLY ON RACECOURSE

NAPIER MAN BEFORE COURT. CONVICTED AND FINED £2. A case of an unusual uature was heard lu the Napier Magistrate's Court this morning before Mr A. M. Mowlem, S.M., when Louis Spiro, a musician, of Napier, pleaded not guilty to a charge of being found on the Napier Park Racecourse during a meeting, being a person who was debarred from attending such owing to a conviction under the Gaming Act 1908. After hearing the facts, His Worship entered a conviction and imposed a tine of £2, with costs 10/-.

The proceedings were conducted for the police by Detective-Sergeant J. Bickerdike.

Evidence was given by acting-De-tective A. Gillum that on March 2 last he was on the racecourse when he saw the defendant there. When approached, Spiro said he was looking for his brother-in-law. He had a race card in his hand and appeared to be following the races right through. Questioned by the defendant, who was not represented by counsel, witness told him that he, Spiro, was first seen outside on the road and later inside, making towards the gate from the grandstand. Senior-Sergeant W. Pender also gave evidence. He said that on the morning of the races Spiro called in to see him and asked what was his position regarding attending the races. Witness said as he had had a previous conviction, he was not entitled to go on the racecourse. Witness advised him to apply to the racing authorities for exemption from the penalty.

The Clerk of the Court, Mr G. G. Chisholm, then gave evidence that the defendant had been convicted under the Gaming Act on February 3 last for conducting an illegal lottery on the racecourse.

In his own defence Spiro told the Court that he had an appointment with his brother-in-law on March 2. The latter was attending the races, so Spiro went out there to see him. He first waited for him outside the course on the road and later went just inside the gate. His Worship: And yet you went to the Senior-Sergeant to enquire your position and even then went on the course?

Spiro: But surely you don’t consider being just inside the gate being on the racecourse.

His Worship: It doesn’t matter what you consider. The fact is that you went inside when you knew you shouldn’t.

Spiro then applied for the suppression of his name, but His Worship refused this.

Spiro: Why? I don’t suppose I will be ' able to hold my head up in the town.

His Worship: You see, Spiro, you deliberately go to the Senior-Sergeant to find out that you are debarred from attending the racecourse and then actually go on the course. I cannot order your name to be suppressed. Spiro: You look at it in a different light. I did not consider that being just on the inside of the gate would be considered on the racecourse. His Worship said he would like to deal lightly with the defendant, but was unable to do so in view of the fget that Spiro had gone on to the racecourse when he knew his position thoroughly beforehand.