Broadcasting of conducting an illegal lottery.

The allegation against the company followed the broadcasting on VSB Television of Freeport Home Bingo games.

But Mr. David Cooper, representing DeFontes, told Senior Magistrate the Wor.

Will Francis: Evidence pointed to there being enough skill in bingo for it not to be a lottery; There were no legal precedents stating bingo was a lottery. And the law suggested it was not; There must be doubt whether DeFontes was conducting a lottery within "the normal sense of the word''; and The court could not be sure DeFontes operated the TV station in question.

The arguments, however, were firmly countered by Crown Counsel Mr. Peter DeJulio.

He warned Mr. Francis about making the definition of skill too wide.

It could be argued, for instance, even taking part in a raffle involved some intellectual ability.

"If you accept such a broad definition of skill, then nothing would be a lottery,'' he said.

It was generally accepted, after all, raffles did not involve skill.

The two lawyers clashed on the final day of the trial, which was adjourned until June 14 for judgment.

Jointly charged with DeFontes under the Lotteries Act 1944 is businessman Neil Inchcup, 59.

The allegations relate to bingo games staged at Dockyard on October 18, 1994, and broadcast on VSB Television on October 22.

On Monday, Inchcup's lawyer Mr. Richard Hector argued a 1975 amendment to the Liquor Licence Act made bingo legal in Bermuda.

He cited a 1976 Magistrates' Court case involving bingo in which Forty Thieves Club president Terrence Brannon was found not guilty of operating an illegal lottery.

Yesterday it was Mr. Cooper's turn to put his arguments forward.

Mr. Cooper said DeFontes felt aggrieved that the litigation against him had been "selective''.

Why was one operator selected for prosecution, and not another, he asked.

"This particular defendant should not be found guilty in this particular case.'' Mr. Cooper questioned whether DeFontes was the appropriate defendant for this case.

Evidence had been produced that air time had been bought for the bingo games.

But did this mean DeFontes had conducted an illegal lottery? Mr. Cooper invited Mr. Francis to conclude that under a strict reading of the law "in no way'' VSB conducted a lottery.

He went on to argue that the legislators had not contemplated bingo as a lottery.

"At no stage had anybody found a case which says bingo is a lottery. I have looked through the Commonwealth digest to see whether bingo is or is not a lottery.'' Mr. Cooper asked Mr. Francis to consider the spectrum of skill between playing roulette, generally accepted as a game of chance, and chess.

"I don't think people would say bingo is anything but at the roulette end of the spectrum.'' But even if there was a "smidgen'' of skill in playing bingo that was enough to clear his client.

Mr. Cooper suggested bingo was further along the scale of skill than roulette.

And he said he would fancy his chances if he played bingo against a seven-year-old.

"If there is no skill involved in bingo why do you get false bingos? Why do people mess up?''