If you’re not in, you can still win

Lotto syndicates all over the country watched in amazement yesterday as a High Court judge ruled in favour of a man who claimed a one-fifth share of a €2m Lotto prize — despite the man having failed to pay any money towards the lotto tickets for nine months.

Martin Horan, aged 38, was refused a share of the winnings by his fellow syndicate members, who claimed he was in arrears and had been removed from the group.

Syndicate organiser Seamus O'Brien claimed Mr Horan told him to "f**k off" when he sought £72 arrears from him prior to their winning the €2m lotto. As a result he had been removed from the syndicate. Mr Horan claimed he had paid the arrears, which he estimated at £27. Mr Horan, of Carragown, Bhola, Castlebar, claimed he had always paid in lump sums and had never been removed from the syndicate.

Mr Justice Frank Clarke said Mr O'Brien, the Lotto organiser, had permitted a system where Mr Horan was, within reason, allowed to fall into arrears on the basis he was trustworthy to pay any sum of arrears.

This was a key reason for Judge Clarke finding in Mr Horan's favour. Judge Clarke said Mr Horan was unclear to the point of exasperation in his evidence. However, this did not mean he was untruthful.

Another key point for syndicates: Judge Clarke said if Mr Horan had been removed from the syndicate there were no arrangements to deal with previous small winnings. If they intended to remove him from the syndicate, this issue should have been dealt with.

On the balance of probabilities, the judge said, he had reached the view that the facts were broadly in line with those outlined by Mr Horan.

During the three-day hearing, Mr Horan had claimed a one-fifth share €400,000 of the January 6, 2001, Lotto prize. His action was against four men from Castlebar and An Post National Lottery Company Limited.

They have been granted 21 days to appeal.

Seamus O'Brien told the court that, in late October 2000, he was in Stenson's Bar in Ballyvary when he walked up to Mr Horan and said he wanted to get some money from him for the Lotto. Mr Horan had replied: "F**k off ... yourself and your Lotto."

Mr O'Brien said he just walked away, but subsequently reduced the number of people in the syndicate to those who were paying him on a regular basis.

He said that two nights after the win, he received a phone call in O'Reilly's bar from Mr Horan, who he said had not given him any contribution for nine months. He told Mr Horan: "Remember the night you told me f**k off."

Mr Horan denied he told Mr O'Brien to f**k off. He said one night in late October he had pushed £30 across the bar counter to Mr O'Brien. He said the arrears had come to about £27 and he told Mr O'Brien to keep the change.