INFORMATION DISMISSED

New Zealand Times, Volume XXXVI, Issue 8181, 24 July 1912, Page 2

INFORMATION DISMISSED

GUILTY KNOWLEDGE OF BOOKMAKER NOT PROVED.

Tho information against Henry Martindale of illegally paying a bet to Peter Souter in the Commercial Hotel was dismissed by Mr W. G. Riddell, S.M.,‘in a reserved judgment at tho Magistrate’s Court yesterday. It was admitted by defendant that ho was a bookmaker and that he paid tho bet to Souter on Juno 29th, but it was argued by Sir John Findlay, defendant’s counsel, that before defendant could bo convicted mens rea (guilty knowledge) must be proved. The evidence of Souter was that he went to the Commercial Hotel on June 29th and saw in the bar a bookmaker named Scott, with whom he had made a bet on June 27th in the same premises, that Scott spoke to defendant, who then approached him, asked the name of the horse, the day, the amount and his initials. After getting Souter’s answers defendant paid him £2 0s 6d in settlement ot the bet made with Scott.

His Worship said that if the payment made by defendant had been in connection with a bet made by himself in the hotel there would have been no' doubt about his knowledge and consequent liability under the Act. The payment was, however, made on behalf of another bookmaker, who had at that time, by making such a bet, committed an offence. Defendant denied that he Knew the bet paid by him was an illegal one, and as tho section of the Act was highly Eenal the court must be satisfied that e had this knowledge before convicting. 'ln all the circumstances his Worship was not prepared to say that mens rea had been proved. The information was dismissed.