AN amusement arcade owner whose 117 licensed amusement machines were seized by Customs and Excise officers yesterday won the right to have the Supreme Court adjudicate on his case.
Mr Justice Morris, in a reserved High Court judgment, decided that Mr Colm McKenna and McKenna's Leisure Ltd, which own and operate an amusement arcade at Main Street, Muff, Co Donegal, had a right to have their claim heard by the Supreme Court.
Gaming machines are prohibited in Co Donegal but not amusement machines. After consulting Customs representatives, Mr McKenna bought 117 machines and paid £27,400 in duty and an amusement machine licence.
In November 1993 Customs officials played Mr McKenna's machines and shortly afterwards six summonses were issued. He was convicted in the District Court and appealed to Letterkenny Circuit Court in November 1994.
Mr Justice Morris said these were poker machines. The "prize" was free use of the machine because all a player could hope for was his money back. At the end of a game, if he had points to cash in, he got a refund.a
Mr Justice Morris said that Customs officials, having played the machines, sought and were paid more than they put in the machines. Circuit Court Judge Matthew Derry held that this was `gambling'.
At the Circuit Court hearing counsel for Mr McKenna said the Customs officials "won" by making false statements so as to get, the extra money which they claimed to have won. It was the result of a trick. Judge Deery refused to refer the case to the Supreme Court.
Mr Justice Morris said the interests of justice required the Supreme Court be asked for its opinion. He said a consequence of seizing the machines was that Mr McKenna had effectively been put out of business and was at a significant loss.