Seized gambling machine apparently illegal in some US states, Policeman says
The trial of two men accused of illegally importing gambling machines on a casino ship heard that one device seized by Police appeared to be illegal in some American states.
Magistrates' Court also heard how a computer seized from the vessel was apparently set up to control gaming machines.
The defendants, Fermin Alfonso Reyes, 29, the Panamanian captain of the Niobe Corinthian and George Kezas, 72, said by prosecutors to be the ship's managing director, deny the charge.
The trial, which has proceeded in several sessions since last October, has heard how Police raided the Niobe Corinthian and seized100 gaming machines while it was moored at Marginal Wharf, St. David's, on August 11 last year.
Reyes was arrested that day. Two days later, Police executed a search warrant at Kezas' home in Lily Park Lane, St. George's, where he was arrested.
In evidence yesterday, Police Constable Laurence Fox of the Police Information Management Services Department said he examined computer equipment from the vessel.
P.c. Fox, who specialises in crimes involving electronic devices, said one computer hard-drive had a main application appearing to control gambling machines via network cables and software.
Going on to describe a gaming machine from the ship, he said it had a card reader and was made by Absolute Amusements of Tennessee.
P.c. Fox said the games listed on the front included pontoon, blackjack and poker and that during a previous investigation involving gaming machines "I was made aware that machines made by this specific company are illegal in many states in the USA, including Nevada."
His explanation of why was interrupted by an objection from Elizabeth Christopher, lawyer for Reyes, who said the witness could not speak to US law.
P.c. Fox said that although it appeared the computer used to control gambling machines could be connected to those seized by the Police,he was not present at the time of the raid and never saw this.
Earlier in the day's proceedings, lawyer Kevin Bean, representing Kezas, complained about what he described as the expense and inconvenience a defence witness experienced because of the prosecution's conduct.
He said his client's wife, Joya Kezas, flew back to Bermuda from abroad where she had been receiving medical treatment and tending to her sick father, in order to attend a scheduled December 2006 trial hearing.
However, complained Mr. Bean, notice that it must be cancelled only came through from the office of the DPP via fax 30 minutes before the court date — meaning her journey was unnecessary.
He asked Magistrate Khamisi Tokunbo to "send a strong message to the Crown with regard to this behaviour, and have this case dismissed as a consequence."
Mr. Bean complained that the situation could easily have been avoided, and went on to ask for costs in favour of the defence.
The court has previously heard how Reyes' wife gave birth to their first child on the day he was arrested.
He also had to be present for the cancelled hearing, said Mr. Bean, and came back from abroad where he was visiting his newborn.
Crown counsel Carrington Mahoney said the postponement of what had only been a "tentative" date was necessary because he had a case in Supreme Court.
He said a fellow Crown Counsel contacted Ms Christopher with advance notice of this, but "an oversight" meant Mr. Bean was not notified until 30 minutes before.
Mr. Tokunbo did not throw the case out, but told Mr. Bean he would consider the matter of costs at the end of the trial.Both defendants are on bail, and the case is set to continue today.
