WO men will go on trial next month charged with illegally importing gaming machines into Bermuda following a police raid on a casino ship two weeks ago.

Ship captain Fermin Alfonso Reyes and George Kezas, managing director of Corinthian Ltd. ? the local company which charters the ship ? are charged with importing 100 gaming machines contrary to the Gaming Machines Act.

For some, the raid demonstrates Government's commitment to keep gaming machines off our shores and to maintain Bermuda's reputation as a "gambling-free" destination.

But to critics, the incident simply highlights what they describe as "hypocritical" regulations, which ban some forms of gambling but ignore others.

Last week lawyer Llewellyn Peniston, acting for the ship's owners, Estrellas Management (BVI) Ltd., questioned why Government seemed so intent on targeting gaming machines, yet appeared to endorse other types of gambling.

The fact is, while Government has declared war on gaming machines and also quashed any possibility of casinos opening on the island in the immediate future, those who fancy a flutter still can through various "legitimate" methods of gambling.

Bingo sessions regularly take place in church halls and clubs, while horse racing fans can put their money down on any number of runners at the Sea Horses betting shop in Hamilton, which televises a host of overseas racing meets.

Crown & Anchor has been a popular tradition for decades and is run by licensed operators at major cricket matches, including Cup Match, each year while numerous bars across the island hold regular poker nights for those wishing to cash in a pile of chips.

In October 2002, a editorial lamented what the paper viewed as inconsistent gambling legislation.

"Bermuda has a system in which gambling is technically illegal, yet licensed betting shops operate, bingo games are permitted, Crown & Anchor is allowed on certain dates of the year and yes, the gaming machine industry flourishes both in bars and night clubs and in private homes," the editorial said.

"Yet other forms of gambling, such as a national lottery which might actually benefit the general population, or a casino, which some tourism industry experts believe would rescue tourism, are illegal. The island is stuck with a system that lets some people gamble and not others, and does nothing to help those people and their families who are badly affected by this expensive and destructive addiction."

Although gaming machines have since disappeared, the emergence of both poker tournaments and Internet gambling recently means theviewstill rings true four years on.

Government's position on gaming machines has at least been consistent since it first pushed for a ban early in its first term. In 2001 the Prohibition of Gaming Machines Act was passed, giving establishments a three-year grace period in which to phase the machines out.

As the deadline approached some club owners claimed the ban would slash revenues, putting some businesses in jeopardy. Nevertheless Premier Alex Scott stood his ground.

"It [the deadline was a much publicised date. I would have thought it was a case of buyer beware for those structuring businesses on something which is going out," he said in response to business concerns.

He also explained why Government was targeting gaming machines, arguing that they attracted people who could not afford to gamble.

"The wealthy are not playing," he told .

With three years to get used to the idea, it is perhaps not surprising that, when the axe finally did fall on gaming machines in July 2004, there was little public protest. Some operators sought loopholes in the law but these were quickly plugged by Government and any controversy soon fizzled out. Neither were there massive job losses and bar closures as some operators had gloomily predicted.

Government remains unrelenting in its zero-tolerance policy on gaming machines. Under current legislation all cruise ships visiting the island must ensure that any machines on board are "sealed" while the vessels are in port, preventing anybody from playing them while in Bermuda's waters.

And Government has taken the same no-nonsense approach to casinos. In July 2004, Attorney General Larry Mussenden told the Senate: "We have no intention to entertain or propose any new forms of gambling into Bermuda at this time. At this point Government's position is that there is no debate on casinos."

The subject hasn't been broached since.

Zero tolerance on gaming machines and casinos then, but how does that fit with other forms of gambling which are allowed?

. Mussenden believes there is no contradiction in Government's position. When asked why some forms of gambling were allowed and others banned, the Senator referred this newspaper to a statement the Premier gave in the House of Assembly two years ago, and which he repeated in the Senate.

"Whenever this issue comes up, the question arises as to why we are prohibiting gaming machines whilst permitting other games of chance such as bingo, Crown & Anchor, football pools and horse racing," the statement said.

"In response, I would say that the Government is concerned about all gambling, no matter what form it may take. However, the Government has been flexible towards those games of chance that are considered a part of our culture and tradition.

"Gaming machines, unlike those other forms of gambling, are by their nature intended to induce people to greater gambling and therefore we believe that their influence should be removed from Bermuda.

"This is an example of a Government that had a decision to make, made that decision and now has the courage and the conviction to stand by that decision."

Government rakes in a whopping 20 per cent tax on all football pools and horseracing bets placed by punters ? but nothing on Crown & Anchor.

Gaming machines, on which gamblers also paid no tax, may have gone but they have been replaced by an even bigger phenomenon ? and one that the Government could find even harder to legislate against should it choose to do so.

the last two years the popularity of the card game poker has exploded world-wide, with televised tournaments turning top players into international stars. And Bermudians have caught the bug. Competitions organised by bars and nightclubs now attract hundreds of players while the game is also proving popular on the Internet through such web sites as pokerstars.net and pokerroom.com.

Should Government allow such tournaments to be held in Bermuda, given its strong position on gaming machines and casinos?

Head of the restaurant and bar division of the Chamber of Commerce Philip Barnett believes not, arguing that, for starters, poker is a game of skill rather than chance and therefore does not constitute gambling.

Agreeing that the whole issue was "a bit of a grey area", Mr. Barnett said: "It's more like entering a golf tournament or sailing tournament and although there are many bars that hold these poker nights, the house isn't making any money on entry fees or anything. People pay an entry fee at the door but that goes into the winnings."

Mr. Barnett also pointed out the many benefits of tournaments, claiming they brought together people from all walks of life and also provided desperately needed customers to bars that might otherwise struggle.

Sen. Mussenden chuckled on hearing Mr. Barnett's definition of the game, but kept his cards close to his chest when asked if he believed tournaments were legal.

"At this point I am not in a position to reply to the strict legal areas that you have raised ? it requires deeper legal analysis," he said.

The gaming machine controversy may have all but died down, but is a confrontation between Government and bar owners over poker tournaments now on the cards?