WINNER OF £12,000

Poverty Bay Herald, Volume LXI, Issue 18582, 17 December 1934, Page 5

WINNER OF £12,000

LOTTERY CHARGE INFORMATION DIS MISSE I) DONATION TO HOSPITAL (Special to the Herald.) WAIROA, this day. On condition that he undertook to donate £5 to the hospital, an information under the Gaming Act against •'J.D.," the winner of £12,000 in a recent Tasmanian consultation, was dismissed by Mr, E. L. Walton, S.M., at the monthly sitting of the Magistrate's Court in Wairoa. The defendant, whose name was Jack Devane, was charged that on or about October 2 he engaged in a lottery, namely Tattersall's consultation promoted in Tasmania, by holding ticket No. 160,477 in a sweepstake. Mr. C. V. Chamberlain pleaded not guilty to the charge on the defendant's behalf.

Sergeant McGregor stated in opening that after reports had appeared in the press that a Wairoa resident had won tII2,CCO, arid was the holder of ticket No. 160.477, the defendant was interviewed by Constable Tuck, and admitted 'that he 'was "J.D.," who was stated to be the holder of the ticket. At no time would the ' defendant admit that he had bought the ticket, but staled that, it had been sent .to him from Australia. t

This was confirmed in evidence by Constable Tuck, who added that when he interviewed the defendant the latter said that such tickets could be bought anywhere in Australia, and that the ticket in question had been sent to him. but that he had not bad it five,minutes before lie deposited it in the bank. He declined to make any Otner .statement until he saw a solicitor.

Mr Chamberlain submitted that before the prosecution could succeed it must show that .Tattersall's was a lottery. The magistrate- remarked that he would be the laughing-stock of New Zealand if ho were to hold that it was not.

Mr. Chamberlain pointed out that if it were held to be a lottery'the defendant could be fined and excluded from all racecourses in New Zealand.

The magistrate agreed that because of the powers of the Racing Conference the defendant could receive a double punishment for the one offence. If the defendant gave an undertaking that he would donate £5 to the Hospital Board the information would be dismissed. Counsel for the defendant intimated that that course would be followed.

Another information, charging the,defendant with having purchased a ticket in a lottery, was dismissed for lack of proof.