MONEYS ON THE 'TOTE'

Dominion, Volume 11, Issue 264, 27 July 1918, Page 9

MONEYS ON THE 'TOTE'

TECHNICAL BREACH OF STATUTE

INVESTMENT AFTER RACE

.HAD STAitt'ED

A case of interest to racing devotees came under the jurisdiction of Mr. \V. G. Riddel I, S.M., at the Magistrates Court, yesterday, when William Staniey Wheeler, treasurer of tho Wellington Hacing Club, was charged that on tlie first aav ot the Wellington meeting on July 10 last he did invest moneys on Iho totulisator after the time for the starting of the Trial Plate.

Mr. M. Myers, who appeared for the defendant, entered a plea of guilty, but proceeded to explain lliat the breach of the Act was in no way deliberate. Counsel read the section ot tho statute, which states that it shall not bo lawful for any oflicer or member of a racing club lo register on the totalisalor after the time oi' the start of a raco any moneys received for investment as a stnko in such race. On race days Mr. Wheeler nan something liko 115 people engaged on tha totalisalor. The club allowed five minutes from the ringing of the bell to the starting of a ruce to enable the clerks to complete tin ir calculations. Section 32 of the Gaming Act was designed to prevent fraud, but in the present case there was nut the least suggestion of fraud. The most that, could lie said was that there had been an accidental breach of the provisions of the scclion. The Wellington listing Club did not allow any tickets to bo sold after the starting of tho race It was absolutely impossible under the system adopted by the Wellington Hacing Club for any tickets to be sold alter the ringing of the bell, which too!; place live minutes before the advertised tinio of starling. In the rac» under notice there were i!l starters, awl Hie clerks in the iotalisator house took more than five minutes to make their calculations. In ordinary circumstances such a thing could not havehappened, because, the period.of five minutes was ample time in which to do the work. Owing to war conditions a great many, if not most, of the clerks usually employed on (lie I'Qtal.sator were absent at the front, and those who had taken their places were soxuewhat slower at the work. It was in those circumstances that the breach oco.irred, the clerks not finishing their calculations in time. 'The starter got the horses away promptly and the figures had to go up. Chief-Detective Boddam said the Trial Plate was the fourth race run, Royal Prince, No. 15, being the winner. "Ho was an outsider, I understand," added Mr. Boddam. The race was to start at 1.30 p.m. and the totalisator was to close at 1.25 p.m. While the final figures were being adjusted on Royal Prince tho bell rang, anil continued to do so after the race started. Tho race took approximately lnmi. 19sec. to run. After tho horses had passed the winning-post some huiuhtds of pounds were registered on the totalisator on tho horses numbered from 15 to 23. Tho chief detective said he did not suggest there was any fraud either on behalf of defendant or tho Racing Club, but at the same timo if such breaches of the law were allowed it might be possible for abuse and fraud to -be committed. Again, tho . public would bo likely to become annoyed, and might cnuse a serious disturbance. Mr. Myers:.l think the chief detective will agree that not >£1 was recorded which was not invested before tho five minute.' l ' boll was rung.

His AVorship said that' it was with ft view of avoiding suspicion 011 tho part of the public that a prosecution of tho kind under notice was'instituted.. It was clear, however, that it was purely a case of the l-aco being started punctually. As a rul6 races did not commence within fivo minutes of the ringing of the bell, ut any rate a great number of them did not. A nominal penalty would meet the ense. A fine of 2As., with 7s. costs, was imposed.