TOTALISATOR CASE.

New Zealand Herald, Volume LXV, Issue 20070, 6 October 1928, Page 16

TOTALISATOR CASE.

WINDOWS IN STANDS. MEANING OF THE STATUTE. COURT RESERVES DECISION. [IIY TELEGRAPH—I'KESS ASSOCIATION. J WELLINGTON. Friday. The appeal by Harold Edward Goggin, secretary of tho New Zealand Metropoliton Trotting Club, Christclmrch, against tho decision of a Christchurch magistrate, Mr. E. D. Moslcy, in convicting him on a chargo that, as a servant of the club, he did unlawfully permit to bo received an investment on tho totalisator elsewhere than at the totalisator itself, was continued in the Full Court to-day At the hearing in the Magistrate's Court it was adduced in evidence on behalf of the informant and admitted by the defendant, that besides tho main totalisator, the club used two separate windows, ono in the members' stand and one in tho stewards' stand. The magistrate, being of opinion that tho word " totalisator " as used in the Gaming Act did not extend to cover windows of members' and stewards' stands, accordingly convicted defendant of receiving investments contrary to tho provisions of tho Statute. Mr. C. S. Thomas, for defendant, outlined the method adopted by the trotting club authorities in establishing these boxes and the ' objections • raised by the police. "It is admitted," he continued, "that moneys were received at these boxes, but it is our submission that these boxes are part of the totalisator, and therefore there is no offence.' Mr. A. Fair, tho Solicitor-General, urged that Mr. Thomas' argument was fallacious, for he had been speaking of the popular meaning of "totalisator, and had forgotten that what tho Court had to decide was the meaning of tho word as defined in the Act legalising the use of tho totalisator. Witnesses for tho defence in the Court below had spoken of what the public considered the word to mean to-day, but that was no guide to what tho Legislature meant in 1881. The boxes complained of had none of the characteristics of the original totalisator, and in tho light of the Statuto they could not bo considered a part of tho totalisator. Iho essential feature was a mechanical device for indicating tho amount laid on each horse, and, incidentally, the total amount laid on the race. Mr. Justice Reed remarked that he was at a loss to know why the police had brought the prosecution, for there was no allegation of abuse against the Metropolitan Club. Tho Court reserved its decision.