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Gutshot Poker Club Owner Will Appeal Guilty Verdict

by PokerPages.com
Sun, Jan 21st, 2007 @ 12:00am

London poker club owner Derek Kelly will appeal a jury's guilty verdict convicting him of organizing illegal Texas Hold'em games. He announced that he will continue his legal battle to prove poker is a game of skill, not luck.

This past Tuesday, a Snaresbrook Crown Court jury found Kelly guilty of contravening England's Gaming Act 1968 for illegally taking profits of as much as 10 percent from players on two occasions at the Gutshot club he manages.

England's 1968 Gambling Act allows only businesses with licenses to profit or offer prizes for games of chance, and Kelly had no license.

Kelly faces a fine at a Feb. 16 hearing, but is unlikely to get a prison sentence according to Justice Simon Wilkinson who commented after the guilty verdict was passed.

Kelly posted the following statement on Gutshot's Web site forum on Thursday:

"After serious consideration and professional advice, instructions were given to my legal team this morning to commence procedures to appeal the judgment against me at Snaresbrook Crown Court last Tuesday."

Ongoing details of the appeal will be published on the site, subject to further legal advice, he added.

Ironically, the 1968 Gaming Act is due to be replaced by the new Gambling Act of 2005 next September, so it will do away with the need for pubs, clubs and bars to obtain a license to run poker tournaments, but only if their buy ins are just a few pounds. The Government plans to meet early this year to decide what level of stake will be allowed.

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