Poker is a game of equal opportunity, jury hears

POKER is a game of skill and not chance, the jury in a landmark case that could change the future of the game heard yesterday.

Poker is a game of “equal opportunity” where the best players usually come out on top, according to Derek Kelly, aged 46, of Greystones, Co Wicklow, who is facing two charges at London’s Snaresbrook Crown Court of operating illegally under the 1968 Gaming Act.

During his police interviews with Detective Inspector Darren Warner, of the Metropolitan Police’s Clubs and Vice Unit, Kelly confidently told the officer: “I know that I will beat you every time at poker because I’m a better player”.

The jury must decide on the status of poker, played by millions, as the act states that a licence is needed to host games of chance such as blackjack and roulette — but not games of skill like chess and quiz machines.

Kelly is chairman of the Gutshot club, bar, restaurant and internet cafe in Clerkenwell, central London, which has run poker games since 2004.

“Poker is very much a non-profitable side of what we do,” he said in a March 2005 police interview.

The aim has been to try and make the game more “accessible”, he claimed.

In interview excerpts read out in court Kelly argued: “Everything is a game of chance. It would be ridiculous to say there is not an element of chance.

“If Tiger Woods drives a ball down a fairway and there is a freak wind there is a chance that it will not hit the fairway.

“Poker is a game of equal opportunity. If I sat down to play with you (Mr Warner) nothing would detract from who is the best player other than skill.

“If you do not believe that, I could produce volumes to show you that the best players in the world continue to win competitions.”

Kelly denies contravening the 1968 Gaming Act by organising a game of poker on December 7 2004 in which a levy was charged on the winnings. He also denies contravening the Act by organising a poker game on January 27 2005 in which a fee was charged.

The case concerns the Texas Hold’em version of poker. Police who visited the club on December 7 saw a levy being charged on the £2,165 (€3,226) prize pot, with the club keeping a cut of £270 (€407), the court heard.

On the January 27 visit, players were charged £22 (€33) to enter a game of poker — in other words to buy chips for cash to play the game for which they received £20 (€30) worth of chips. In essence the club was retaining £2 (€3) per head, according to the prosecution.

Graham Trembath QC, prosecuting, said the problem was that Kelly continued to charge a levy on the prize pot and a fee to take part.

Under cross-examination Mr Warner said: “It (Gutshot) was perfectly well run. It was just that it was outside the law in my opinion.”

The case was adjourned to today.