THE GAMING ACT.

Hawera & Normanby Star, Volume XLII, Issue XLII, 11 October 1922, Page 5

THE GAMING ACT.

DECISION EEVEESED

(BY TELEGRAPH PRESS ASSOCIATION.) PALMERSTON N., Oct. 10.

Mr Justice Keed has reversed the decision of the Magistrate (Mr J. L. Stout) in the police prosecution of Eobert William Davidson, for using premises occupied by him as a common gaming house.

The Magistrate, at the hearing, in dismissing the information, held that evidence as to telephonic communications between the police and third persons was inadmissible, and that, even if admissible, there was only evidence of "defendant's repute, and before defendant could be convicted there must be evidence of. actually betting on the premises.

In a lengthy review of the evidence, His Honour said the question to decide was not "has it been proved that the actual bet has taken place in the house," but was the particular house open and kept or used for betting purposes. The answer depended on the cumulative effect of probably a number of circumstances.

His Honour also held that evidence of the receipt of telephone messages was admissible as tending to prove that a systematic business was carried on by the respondent. This, and the admission made by respondent, definitely linked up the subject matter of the messages with the business carried on on the premises and the messages, in order to ascertain what the nature of the business was. The appeal was allowed, with costs seven guineas, and the case was remitted to the Magistrate.