RACE TIPPING CHARGE.

Hokitika Guardian, 26 June 1923, Page 1

RACE TIPPING CHARGE.

POLICE CASE AGAINST PAPER. DISALISSED BY MAGISTRATE. [by TELEGRAPH —PER PRESS ASSOCIATION.] PALMERSTON N., June 23. "I have carefully perused the article which is tiie foundation for the prosecution, and, in my opinion, the words complained of in no ease give advice as to the probable result of the horse races. If Section 30 bears the construction which I have placed upon it, the article certainly gives some 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 the probable result of the races.” These were the remarks of Air J. L. .Stout, S.AL, in dismissing the information against Robert H. Billons, Editor of the “M.innwatu Daily Times” to-day. In an important test, ea.su, laid under Section 30 of the Gaining Act, the defendant was charged, under eight separate informations. that he did publish a newspaper which contained advice as to the probable result cl each of eight races run at the Eeilding 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 tiie facts. The advice cpmptlnined of appeared in the columns of the “Manawatu Times” on March 31.

Tn giving his decision, the Afaglstrate quoted the Section referred to, which makes every person liable to a fine not exceeding £2O, who publishes a newspaper which contains any information, advice, or suggestion as to the probable result of a horse race to bo run, whether in or out of New Zealand. Mr Stout continued: The section must be considered remedial, and must receive such a fair, large and liberal construction and interpretation as will best assure the attainment of the object according to its true intent, meaning and spirit. It should, however, he borne in mind that the Statute is a penal one, and it should also be borne in mind that the ■ liberty of the press to comment on public matters should not be curtailed, except by express words. In this connection, it is important to note that racing is a. legitimate sport, which has legislative sanction, and aDo that gambling on horse

races is similarly recognised, so long as it is done through the medium of the tota-lisator on the racecourses, and not through bookmakers. These facts must he borne in mind when considering the objects of the Act. The whole question, in my opinion, turns upon the meaning to lie given to the words ’’probable result” must mean either the probable winner or winners, ft is notorious, where three or more horses start, that the first three obtain prize-money, and. in such a case, to give advice as to the prubanlc result must meant to give the name ot the likely winner, or the three likely winning horses in that order. This is what is colloquially known as “tipping,” and is the practice of newspapers in England and abroad, and, in my opinion, is what is aimed at by Section 30 (1)

1 have carefully perused the article which is the foundation for the prosecutions, and in niy opinion, the words complained of in no case give advice us to the probable result of the horse races. If Section 30 bears the construction I have placed upon it, the article certainly gives some indication that, certain horses are in form, and may run prominently: but, in my opinion. the language used falls short ol giving advice us to the probable result of the races. The information must therefore be dismissed. At the hearing. Deleelive-Sorgant Ouirke appeared for the police, and Ah- IT. R. Cooper for the defendant.