A hearing will begin today to determine whether or not the 330 gaming machines seized by Customs and Police in a crackdown on illegal parts should be returned and damages paid to owners.

As of last night, nine writs had been filed, predominantly against the Collector of Customs, by establishments who have had gambling units confiscated during the last two weeks. They are demanding the machines be given back and that compensation be paid for loss of earnings and the cost of any repairs needed to the units.

It has also been alleged that the warrant used by the law enforcement agencies to seize the machines was unlawful as it stated they were being taken in the matter of the Revenue Act.

Lawyer Mark Pettingill, who is acting for The Beach, Freddies in St. George's, Lucky Strike, The Plush and The Porch, said all of the machines had been on the Island for a number of years and duty had been paid fully.

As it was, he said, the machines were perfectly legal.

Mr. Pettingill said: "Part of the application involves claiming damages for all losses incurred during the time the machines have been taken."

He said if the court finds that the warrants were unlawful, and that the machines should not have been seized, then Customs could be liable to the tune of tens of thousands of dollars..

"We are confident that the machines were legally imported, have been here for some time, and had duties paid on them, and we believe that is an issue in our favour, which will be for the court's consideration," added. Mr. Pettingill.

"I'm very satisfied that with regard to that, if Customs are not able to establish that the machines were properly seized, they are going to be liable to pay for all of the losses for all of the establishments who have made claims.

"I say `good luck' to them. At their peril.

"It's a nonsense to suggest that that all of the 400 gaming machines were smuggled in without duty being paid."

Today, both the Attorney General's Chambers and lawyers for the establishments will gather for directions.

However, a further hearing on the whole issue, involving the legality of the warrants and the claim for damages, will be held on Tuesday.

An outcome on the interim position is expected possibly later that day, but a final outcome could be some weeks away.

However, since the writs were filed for the return of the machines, only The Beach on Front Street has been given its units back.

On Tuesday, the Attorney General's Chambers, on behalf of the Crown, issued a summons ordering that the machines not be returned until the completion of the hearing.

So those establishments who filed writs after that date must now wait.

The Police and Customs launched their operation to seize the machines when they swooped on a number of premises with gaming machines on October 24.

Over the duration of about five days, more than 330 units were seized for inspection by a joint team of 70 officers under the Prohibition of Gaming Act 2001 and the Revenue Act.

The Gaming Act enables premises with gambling units to operate them, but does not allow them to repair or upgrade them with new parts.

The idea of the legislation was that gaming machines would eventually break down and become a thing of the past.

However, Assistant Collector of Customs Larry Conn said his agency had noticed during the last year that a huge amount of spare parts had been imported into the Island and declared for the use in video machines.

He said the parts were of dual use and both Police and Customs suspected they were being used in gaming machines.

They raided a number of premises, seizing both machines and the cash inside them, leading to eight different establishments filing writs at the Supreme Court.

The premises are Seamont Exclusive mini-casino, The Porch, The Beach, The Plush, Lucky Strike, Freddies Bar in St. George's, The Palace, and the Swinging Doors, which has filed two.

Yesterday, Police spokesman Dwayne Caines said both Police and Customs had agreed to release no statements on the issue at present.