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| Version 1 | Version 2 |
|---|---|
| Man guilty in poker skills case | Man guilty in poker skills case |
| (about 1 hour later) | |
| An man has been found guilty of running unlicensed poker games. | |
| Derek Kelly, 46, argued poker is a game of skill so he did not need a licence under the 1968 Gaming Act, as the law requires it only for games of chance. | Derek Kelly, 46, argued poker is a game of skill so he did not need a licence under the 1968 Gaming Act, as the law requires it only for games of chance. |
| But the jury at Snaresbrook Crown Court disagreed and took less than two hours to find him guilty of organising games at his Gutshot Club in central London. | But the jury at Snaresbrook Crown Court disagreed and took less than two hours to find him guilty of organising games at his Gutshot Club in central London. |
| The prosecution said the Irish man took a cut from the prize pot as well as charging the players for participating. | |
| Kelly, a financial analyst from Greystones, Co Wicklow, Ireland, was found guilty of two counts of contravening of the Act. | Kelly, a financial analyst from Greystones, Co Wicklow, Ireland, was found guilty of two counts of contravening of the Act. |
| If we accept that a game of chance includes all games of combined chance and skill every game you could possibly think of would fall foul of this particular Act Zeeshan Dhar, defence lawyer Poker: A game of skill or chance? | If we accept that a game of chance includes all games of combined chance and skill every game you could possibly think of would fall foul of this particular Act Zeeshan Dhar, defence lawyer Poker: A game of skill or chance? |
| The charges related to games of poker, organised on 7 December 2004 and 27 January 2005, at the private members club in Clerkenwell in which a levy was charged on the winnings. | The charges related to games of poker, organised on 7 December 2004 and 27 January 2005, at the private members club in Clerkenwell in which a levy was charged on the winnings. |
| The Act states a licence is needed to host games of chance such as blackjack and roulette - but not games of skill, like chess and quiz machines. | The Act states a licence is needed to host games of chance such as blackjack and roulette - but not games of skill, like chess and quiz machines. |
| The trial centred around the popular Texas Hold 'Em variant of poker, in which each player is dealt two cards and then a "community pool" of five cards is placed on the table. | The trial centred around the popular Texas Hold 'Em variant of poker, in which each player is dealt two cards and then a "community pool" of five cards is placed on the table. |
| The jury was asked to decide whether it was a game of skill or chance, or a combination of both. | The jury was asked to decide whether it was a game of skill or chance, or a combination of both. |
| Graham Trembath QC, told the jury that they alone would decide the verdicts. | Graham Trembath QC, told the jury that they alone would decide the verdicts. |
| Shuffled cards | Shuffled cards |
| He said: "Is poker a game of mixed skill and chance? That is for you to decide. The prosecution submit that common sense dictates that it is. | He said: "Is poker a game of mixed skill and chance? That is for you to decide. The prosecution submit that common sense dictates that it is. |
| "Why do we say that? We say that because before a game can start someone shuffles the cards." | "Why do we say that? We say that because before a game can start someone shuffles the cards." |
| Zeeshan Dhar, defending Kelly, told the jury poker required such a level of skill it did not fall within the remit of the Act. | Zeeshan Dhar, defending Kelly, told the jury poker required such a level of skill it did not fall within the remit of the Act. |
| He said: "If we accept that a game of chance includes all games of combined chance and skill every game you could possibly think of would fall foul of this particular Act." | He said: "If we accept that a game of chance includes all games of combined chance and skill every game you could possibly think of would fall foul of this particular Act." |
| A date for sentencing and consideration of costs has been set for 16 February. | |
| The judge has said: "I do not consider this to be a case where any sentence of imprisonment is appropriate." | |
| The prosecution's legal costs were £16,000 with a bill of £6,800 for investigation of the case. | |
| Serious breach | |
| He said he was "minded" to make a very substantial" cost order against Mr Kelly with a relatively "modest" penalty. | |
| In a statement issued after the trial the Gambling Commission said it was pleased to see the case had concluded. | |
| "The law has always been clear, commercial gambling needs to be properly regulated to ensure that members of the public are protected from exploitation. | |
| "The Gutshot was not regulated and was in serious breach of the Gaming Act 1968," the statement read. | |
| Mr Kelly, a married father of four, is chairman of the Gutshot private members club, which opened in 2004. | Mr Kelly, a married father of four, is chairman of the Gutshot private members club, which opened in 2004. |