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The tournament was advertised on radio! Are the police going to charge them as well? No ofcourse not. Double standards. Why don't the police come out and say the real reason for the raid!
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Guys here is my two cents worth.Before I start, for all those who were there and may be interested, I have a legal background and this is only advice from someone from Queensland. SA laws are different and I suggest you seek legal advice.My suggestions for anyone who was there is this. Don't worry about the APA or what will happen to them, you may be losing some money but at the moment let them and their legal teams work that out. They are a corporation and if you have an entry to the $10000 event you should be considered creditors so this money should be safe and claimable at some future date if this does not get worked out.I am sure the APA will be looking into this and other relevant matters and will get back to you. If they win their legal battle I am sure they will end up with more than enough money from the SA government in compensation, so for now lets just concentrate on the players.If you were present my advice is to immediately get the names, numbers, emails and anything else you can from all other players and keep in regular contact. If any of you then receive a summons you can contact the others.I also suggest you get a copy of the APA guidleines, rules etc. Anything you can get from the APA, do it now as these things have a habit of disappearing in these sort of situations. I will explain why soon.It may also pay to have others who are not members but come to the club, like Gaz etc, give you their details.Do up a statement now. Your memory will fade over time and every little detail counts. Make sure you include everything you can about membership, the fact that this is a club and not a casino. How people are introduced to the club (by members etc), what the rules are, how you know what the rules are, is there a constitution, how you became aware of the club, etc. If you are summoned to court I suggest you contact all the other players and members. You should all employ ONE legal team. This allievates the problem of lost documents, lawyers not knowing what each other are doing etc. Make sure you ALL plead not guilty to any charge. This is very important as any admission of guilt by one will be seen as an admission that you all thought something was wrong but continued playing. Make sure you organise with your lawyers that you all want to be considered co-defendants and have a trial with all of you appearing at the one time. Again important so you only get one Magistrate. More than one and decisions will vary.Organise for each of you to give your statement to your lawyers. Make sure your lawyers are aware of all the case law that other people here have quoted. It is specific to SA.On the day of court, ALL of you attend and give evidence to state you all thought it was all above board. Your statements should have enough in them to show this.Remember, in ANY criminal prosecution the police must prove, BEYOND A REASONABLE DOUBT, that you knew what you were doing was wrong. In other words, you knew that your gambling was illegal. With all of this you should not have any worries proving a reasonable doubt that you thought it was all legal.To the APA - I hope this all works out for you guys. You have done some great things for Australian Poker and it would be a shame for this to ruin all that hard work by your members.Good luck all of you and I look forward to seeing you all playing down there again soon.Please keep us all updated with any progress.
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Anthony |
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I think Paul, Gofor or Joe should inform us right now what is going on. Thees a lot of players left in limbo here. The fines incurred for this demeanor should be under 250 dollars although the promotor could cop a much heavier fine. You just send in a guilty plea and pay by cheque or whatever. But lets hope the case is dropped.
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bigal |
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Allan,I know it is frustrating but by doing that you are admitting that you think it is illegal. Once this is done you set a precedent and it will be used by the police in any case after that.I know it is hard in this situation but patience is required. If people start by pleading guilty without even going to trial, say goodbye to any poker outside of casinos in Australia.
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Anthony |
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Anthony, I posted at exactly the same time as you did. Yes I agree, your way will be the best for poker long term. Iwas just portraying the worst scenario. Cheers
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bigal |
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100 reported after poker night09jun05ABOUT 100 people, including some from interstate, have been reported after police raided an illegal poker tournament in Adelaide.Police said gamblers appeared stunned when about 30 officers descended on the inner-city clubrooms to break up the sophisticated operation about 9.45 pm (CST) yesterday.They may be charged at a later date with offences including occupying a common gaming house and taking part in an unlawful game.The offences carry penalties ranging from fines to a jail term.Police also seized a large quantity of cash, poker chips and other gambling paraphernalia. Senior Sergeant Wayne Overmeyer said the poker tournament had been planned to last for up to five days and had been widely advertised through flyers and on the internet.He said the organisers had been warned for conducting similar activities in the past.And he had little sympathy for those gamblers who might have believed they were taking part in a legal event."People should be aware of what the law is in relation to what is an offence, where games can be played and the manner in which games can be played," Sergeant Overmeyer said."It's an offence to participate in illegal gambling."Once you play for money, then it becomes unlawful gaming."Police said the poker tables in the club were set up like those at a casino.When officers moved in they spoke to each person, taking names and other details before allowing them to leave.Police will now prepare reports for prosecution authorities who will decide what, if any, charges will be laid.
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