THE GAMING ACT.

Otago Daily Times, Issue 18898, 26 June 1923, Page 7

THE GAMING ACT.

IMPORTANT TEST CASE. PRIVILEGES OF NEWSPAPERS. (Per United Press Association.) PALMERSTON N., June 25. “ I have carefully perused the article which is the foundation for the prosecutions, and in my opinion the words complained of in no case give advice as to tiie probable result of horse races i£ section 30 bears the construction I hay© placed upon it. The article certainly gives soma indication that certain, horses are in form and may run prominently, but in my opinion the language used falls short of giving advice as to th© probable result .of the races,” said Mr J. L. Stout, S.M., iu ■ i dismissing the informations against Robert H. Billens, editor of the Manawatu Daily f Times, to-day in an important test case laid under section 30 of the Gaming Act. Tlie defendant was charged under eight separate informations that he did publish a newspaper which contained advice as to th© probable result of each of eight raosa run at the Feilding Jockey Club’s meeting on March 31, 1923. The statutory provision relied upon was section 30 (1). of “The Gaming Act, 1908.” There was no dispute as to the facts. In giving his decision the Magistrate quoted the section referred to, which makes every person liable to a fine not exceeding ::: £2O who publishes a newsprint which con- V tains any information, advice, or suggestion as to tile mobable result of a horse race to ! be run, whether in or out of New Zealand. The section, the magistrate said, must be ■* considered remedial, and must receive such a fair, large, and liberal construction and < ! interpretation as would best assure the attainment of the object of th© Act according to its true intent, moaning, and spirit. It should, however, be born© in mind that the i Statute was a penal one, and it should also be borne in mind that th© liberty of the press to comment on public matters should • not be curtailed except by express words. In this connection it was important to note that racing was a legitimate sport, which had legislative sanction, and also . that gambling on horse races was similarly recognised so long as it was done through the medium of the totalisator on a racecourse and not through bookmakers. These facts must be borne in mind when considering the objects of the Act. Th© whole question, in his opinion, turned upon thq meaning to be given to the words “probable result” of a race. The result meant “the conclusive issue or outcome,’’ and in his opinion “probable result” must mean either the probable winner or winners. It was notorious that where three or more horses started th© first three obtain prize money, and in such a case to give advice as to the probable result must mean to give the name of the likely winner or the three likely winning hordes in that order. This was what was colloquially known as “tip- ■: ping,” and was the practice of the news-'V papers in England and abroad, and in his opinion was what was aimed at by section . 30 (1). The information must be dismissed.

At the hearing- Detective-sergeant Quirka appeared for the police and Mr H. R. Cooper for the defendant.