Gutshot Poker case goes to Court day 2

Day 02 - 11th January, 2007

Following yesterday's statement by Graham Trembath QC for the prosecution that the shuffling of cards before a game of poker made it a game of both luck as well as skill, jurors today continued to learn about poker itself. Key poker terms were defined, essential rules explained and the prosecution called on Phillip Brear (head of the Gambling Commission) and Detective Inspector Darren Warner to provide evidence.

Derek Kelly was cool and calm throughout the proceedings, and explained his point of view – that poker is a game determined by skill, not luck – eloquently. At one point, when addressing Det Insp Warner, Mr Kelly said: "Poker is a game of equal opportunity. If I sat down to play with you, nothing would detract from who is the best player other than skill." Mr Kelly then backed up his claim by saying that he could "produce volumes to show you that the best players in the world continue to win competitions."

For his part, Det Insp Warner said that Mr Kelly had been "nothing but open" when dealing with the police, and that his Gutshot Club in East London was run well. The only problem he had was that the club was, as far as he saw it, operating outside the law because it had staged poker games, for which it charged a levy. If it is found by the jurors that the outcome of poker games depends on luck as well skill, this would be a breach of the Gaming Act of 1968, which demands that games of luck are operated only by those establishments that are appropriately licensed. Individuals responsible for committing such breaches can be fined or even imprisoned.

In an earlier statement to the police Mr Kelly said that, "poker is very much a non-profitable side of what we do."

The trial continues.

Day 1 • Day 2 • Day 3 • Day 4 • Day 5