GAMING OFFENCES

Hokitika Guardian, 26 July 1938, Page 6

GAMING OFFENCES

UNLAWFULLY ON BACEUOUHSE.

'"Per Press Association —Copyright).

WELLINGTON, July 25

A plea of not' guilty on the grounds that’ the part of the . racecourse on which they were standing was leased to the Y.M.C.A. was entered when Richard Jones, William Harold Davis, George Dyhrberg and Gordon Sinclair Cook: appeared before. Mr A.- M. Goulding, S.M., in Upper Hutt Court, each charged that being a person convicted of an offence, he was. unlawfully on the Trentharc racecourse.

v Constable F. J. Williams prosecuted and -Mr A. J. Mazengarb appeared for all the defendants-except Cook. Constable C.F. Stewart said that at the meeting on July !) he wont with‘Mr Black, the racecourse, detective, to that portion of the ground near Camp Road used . for training purposes. He , saw . some men .' enter and 10 to the outer, rail of the course. As Mr Black and he approached, .the men broke-up and-walked away, Davis ~and Dyhrberg going into / the pine trees ..All the. defendants had been warned :on the first day of the meeting except Jones who had been warned before - ■

,In reply to counsel the constable said that Jones had not been warned personally, but was to keep back off the course. - '-. -

Robert George Black, racecourse inspector,-. staled that, Jones anu Dhyrberg had applied for exemption and' it had been refused,.- Davis formerly had permission to go on to the course, but this had been revoked. Jones was generally on: the road or in the surroundings, but he bad never seen him on the racecourse.

The Magistrate remarked that it would be a nice point .of law if the meii joined the Y.M.C.A. and watched the races from there. . , .

Mr Mazengarb said bis three clients had been convicted of gaming offences. The Y.M.C.A building . was actually, on racecourse property and there was reasonable belief for tne men to think they were on Y.M.C.A. ground and watching the races from outside the course. / .

'.Dyhrberg., said that until -last year lie was a ; member of the Wellington Racing Club. He thought lie was on /Defence Department property. '. He admitted lie had been warned on the first day not to come on to the course.’a There were twenty ,or .thirty men standing outside the rails at this Spot. - . y : Richard Jones said die; had been watching the races ■ from tliis spot for the'- past twenty-five years. All the -bookmakers !used" to .stand; there. - He had' been in constant work for eleven , years now,..•and • had applied, foi. exemption from • the prohibition of keeping off;/the racecourse, hut he did not' know at the time it had been refused.

! Davis said lie did not think lie was on the racecourse, but on Defence Department property.- He had an exemption, but it had been revoked. ■ Coolc did not give evidence, but admitted' that he had been;warned. Mr Goulding said die was perfectly satisfied the men knew they were- on racecourse property./ He knew that himself when he was at Trentham canip some years ago and had walked over the spot. Those men anew all about gaming and ran Away when approached. If they -wanted to see the race it would have to be from some point off the. course. . A .fine of .£1 and costs would he imposed in each case. 1