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Court orders all gaming machines to be returned

The courts yesterday ordered that gaming machines seized from a number of different gambling haunts in a Police and Customs crackdown should be returned immediately to those that took legal action.

In a closed session, Justice Archibald Warner ordered that the gaming units be returned to the eight premises who had filed writs since the law enforcement agencies confiscated their machines almost three weeks' ago.

The premises who were expecting to receive the machines during last night and today were The Palace, Seamont Executive mini casino, The Plush, The Porch, Freddies in St. George's, Lucky Strike and Swinging Doors.

The Beach on Front Street has already had its units returned, although it has since claimed that some parts had been retained and others had been damaged.

A substantive hearing on the whole matter will be held in open court tomorrow, when it will be determined whether or not Customs and Police were correct in seizing more than 330 gaming machines with the warrants they had, and whether or not damages and losses should be paid.

Three weeks' ago the agencies raided a number of premises around the Island in a crackdown over suspected illegal spare parts. The Prohibition of Gaming Act 2001 allowed people to continue operating the gaming units, but forbade them from repairing or upgrading them with new parts.

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

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

Both Police and Customs said they suspected many of the parts were being used in gambling machines, and so seized hundreds of them for inspection.

However, nine writs have been filed, predominantly against the Collector of Customs, by premises who have claimed that the warrant used was unlawful.

They have also demanded damages and lost earnings be re-paid by Customs, which could amount to close to $1 million, if every seized machine is considered.

Some premises have reduced their opening hours to compensate for the loss in earnings, and others are said to have closed their doors and laid off staff.

The hearing will begin in Supreme Court tomorrow at 9.30 a.m.