TOTALISATOR CASE.

New Zealand Herald, Volume LXV, Issue 20076, 13 October 1928, Page 15

TOTALISATOR CASE.

WINDOWS IN STANDS. DISMISSAL OF APPEAL. CLUB SECRETARY'S CONVICTION. [nv TELEGItArir—PRESS association.] WELLINGTON. Friday. The Appeal Court to-day dismissed the appeal of Harold Edward Goggin, secretary of tho New Zealand Metropolitan Trotting Club, Christchurch, with costs £2l and disbursements. Goggin appealed against the decision of a Christchurch magistrate, Mr. E. D. Mosley, in convicting him on a chargo that, as a servant of tho club, ho did unlawfully permit to bo received an investment on tho totalisator elsewhere than at the totalisator itself Tho prosecution showed that windows in tho members' stand and tho stewards' stand had been used for the sale of tickets. Tho magistrate, being of opinion that the word "totalisator," as used in tho Gaming Act, did not extend to cover tlieso windows, accordingly convicted defendant of receiving investments contrary to tho provisions of the statute.

Tho judgment of tho Appeal Court stated: "The history of tho use of tho totalisator, as given in evidence in this case, does not anywhere show tho existence of a practice whereby a separate and distinct office, not in any respect manually, mechanically or electrically connected with, or operating simultaneously with, tho main totalisator, has been treated as part of the totalisator. "Especially so is tho case where no attempt has been mado to synchronise the payments at a separate office, with tho payments at tho main totalisator. It may be that the distance from tho main totalisator does not affect tho test, so long as thero is sufficient connection between tho separate pay-in office and tho main total isator us is reasonable to enable invest mcnts as approximately mado in the sep aralo office to bo recorded on tho main dial of the totalisator.

"This question does not arise hero bn cause the pay-in office appears to have no connection with the main totalisator. Tho question in each case must depend mai'ily on tho facts. All we have to decide in tho present caso is whether an investment received in an entirely separato building, with no connection and no attempt at synchronising with tho main totalisator, is payment made elsewhere than at the totalisator itself.

"Tho magistrate, on tho facts, found that such an investment was not made at tho totalisator itself, and we think ho was right in so finding."