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| Last updated at 8:36 AM on 29/08/07 |
Man pleads guilty to gaming charge 
Anderson given absolute discharge
GARY KEAN
The Western Star
One of the remaining two people charged in connection with allegedly illegal poker games last fall has pleaded guilty to one charge of being found in a gaming house.
However, 40-year-old Bradley Sean Anderson has been given an absolute discharge and will not have a criminal record as a result of the plea he entered in provincial court here Tuesday afternoon.
Anderson was among 20 people who were charged as a result of an undercover operation by the Royal Newfoundland Constabulary into complaints of illegal Texas Hold 'em-style poker games being held on a regular basis at Union Street Bar and Billiards in Corner Brook. The charges against nearly all of those individuals have since been withdrawn, leaving only Anderson and the bar's proprietor still facing charges.
Anderson, who had eight counts of being found in a gaming house against him, pleaded guilty to one of those charges Tuesday and the other seven counts were withdrawn by the Crown.
Judge Kymil Howe heard the RNC file began to be investigated Sept. 13, 2006. The allegation was that individuals would pay a fee to enter poker games and, although there would be a prize payout to the winners, a portion of the profit was retained by the organizer.
The judge also heard police infiltrated the games Sept. 22, 23, 27 and again Oct. 3, after which the operation was shut down and individuals charged. The court also heard that, though Anderson had been present on all four occasions, he had not been seen playing any poker games.
Police seized money, poker chips, cards and posters openly advertising the games, which were held in a smaller room in the establishment and remained accessible to the public at all times.
Discharge requested
Crown prosecutor Jennifer Colford asked the judge to issue a conditional discharge, with the only specified condition being that Anderson stay away from Union Street Bar and Billiards.
Defence lawyer Jamie Merrigan argued for the absolute discharge, noting Anderson has no prior record and had pleaded guilty at the first possible occasion - given the time it took to deal with other issues involved in the police investigation and subsequent court proceedings of all involved.
Merrigan also asked Judge Howe to consider how media coverage of these cases as a whole has sent a message of general deterrence to the public in terms of the legality of profiting from illegal gambling activity, and informed the judge that Anderson himself had also learned this lesson specifically.
Judge Howe agreed with the defence, noting that being found in a gaming house in no way implies being involved in the planning of or profiting from illegal gambling activity. She also took into consideration the length of time Anderson had to wait before being able to enter his plea and how the prospect of having a criminal record must have been foremost in his mind for the past several months.
The maximum penalty for a conviction on the charge is $2,000 and/or up to six months in jail. While there was no conviction entered in this case, Anderson did have to pay a $50 victim fine surcharge.
Anderson declined to comment on the case upon leaving court Tuesday.
The proprietor of Union Street Bar and Billiards, who is charged with four counts of keeping a gaming house in addition to four counts of being found in a gaming house, has his next appearance in provincial court set for Sept. 4.
gkean@thewesternstar.com
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29/08/07
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