Businessman Neil Inchcup, Jr. will today launch a last-minute bid to halt the banning of gaming machines.

All gaming machines are due to become illegal tomorrow, but Mr. Inchcup is going to Supreme Court today to try to put the ban on hold pending a full constitutional hearing.

Mr. Inchcup owns Plush, a members-only club on Parliament Street which has gaming machines, as well as a number of other machines in bars throughout the Island.

It is understood he will argue there are constitutional issues involving the deprivation of property, freedom of association, and a claim that Government has not established the ban is in the public interest because other forms of gambling are allowed.

His lawyer Mark Pettingill will make the application in chambers before a Supreme Court judge today after Mr. Inchcup, trading as Alexis Entertainment and Plush, issued a writ against the Attorney General on Monday.

It is understood that if Mr. Inchcup wins, the legislation will be frozen until there is a full hearing.

Yesterday, Mr. Pettingill told he had no comment to make pending the outcome of the hearing.

The challenge is to the 2001 Prohibition of Gaming Machines, which set the date of July 1 for banning the machines.

Today, Senate will debate a 2004 amendment to the Act which sets penalties of up to $1,000 for playing a gaming machine, and fines of up to $250,000 and five years in prison for supplying, selling or importing the machines.

Attorney General Larry Mussenden said last week that the 2004 legislation would not ? as some lawyers had feared ? outlaw the use of computers because computers were not constructed for the purpose of playing games of chance to win money.

Gaming machines already in bars can remain, so long as punters are not able to win money or money's worth, but are merely playing "for fun", said Mr. Mussenden.

"We have perused the matter and will deal with it before the judge," Mr. Mussenden said last night of the legal challenge.

"We are absolutely confident the law as it currently stands, and as it will be after the amending bill comes into affect, is not unconstitutional and as a result no stay is likely to be issued by the court.

"Government's position is that since 2001 people who have been involved in the business of gaming machines have known all along that the day was coming whereby the use of gaming machines for the purposes of gaming was going to be outlawed.

"That day has now arrived and it is clear that the Government's intention is to see such use will not be tolerated."