The man accused of swindling Bermuda Housing Corporation out of $1.3 million was a gambler who spent up to $5,000 a week on betting, his trial heard yesterday.

Detective Sergeant Grant Tomkins, the Crown?s final witness, told Supreme Court: ?My understanding from my inquiries was that Mr. Smith would bet regularly every week on golf to, I believe, the sum of three, four, five thousand dollars.?

Former BHC Property Officer Terrence Smith is accused of defrauding the corporation of $1.3 million by giving the green light for inflated bills submitted by carpenter Steven Barbosa to be paid. Mr. Barbosa, according to the prosecution case, passed $924,668 in profits from this exercise back to Smith in the form of cash and goods for his home.

Further details about the defendant?s gambling emerged as Det. Sgt. Tomkins was cross-examined by defence lawyer Larry Scott about his investigation of Smith?s financial affairs. The detective said a search warrant was executed at the Sea Horses betting shop in Queen Street, Hamilton, and a computer was seized. Investigations revealed that Smith had both income and expenditure related to Sea Horses.

Mr. Scott questioned him: ?Those who have a flutter tend to win and lose and kind of break even??

Det. Sgt. Tomkins replied: ?My investigations revealed that he made some large winnings but he also made a number of large bets.? He added that information is limited as staff at Sea Horses refused to assist the Police in their inquiries into Smith?s income and expenditure.

When Mr. Scott questioned whether investigations into his client?s income had been conducted at First Bermuda Securities Limited, the officer replied that he did not believe so.The lawyer claimed that this meant the investigation into Smith?s disposable income was limited in that regard. The officer said he could not answer this point without seeing the First Bermuda account.

Mr. Scott also asked whether inquiries had been made about the income of Smith?s wife Veronica from the G&M salon, Court Street, where she worked.The detective said no.

During his evidence, Det. Sgt. Tomkins. also told the court that Smith?s assets including bank accounts and his three-bedroom Devonshire home have been frozen.

Following the cross-examination, Chief Justice Richard Ground inquired of Mr. Scott: ?Can I be clear what you were putting to the witness about Mr. Smith?s gambling activities? Are you saying he made an income or broke even??

Mr. Scott replied: ?I?m suggesting that he made an income from his gambling and that he would have broken even as those who tend to bet tend to do. Yes my lord.? Mr. Justice Ground responded: ?I will leave it there.?

Much of the day?s proceedings were taken up with legal argument which resulted in Smith being acquitted of one of 46 charges of obtaining property by false pretences.

Mr. Justice Ground explained that the Crown could not make out its case on this particular count but that this matter of law had no bearing on the other 45 counts Smith faces.

The defendant denies all the charges against him and the case for the defence is set to begin this morning.