Conviction in poker case upheld

Derek Kelly tried to prove poker is a game of skill

The Court of Appeal has upheld a landmark decision by a jury that poker is a game where chance and luck predominates the player's skill.

Last January Snaresbrook Crown Court convicted Derek Kelly, 46, of running unlicensed poker games and breaching two counts of the 1968 Gaming Act.

Kelly appealed on the grounds that the trial judge had misdirected the jury during his summing up.

But the appeal court judges disagreed and dismissed the appeal.

During the appeal it was argued on behalf of Kelly that the trial judge should have directed the jury that a game in which skill predominated over chance was not a game of chance.

Levy charged

But the appeal court ruled on Friday that there had been no misdirection.

Kelly, a financial analyst from Greystones, Co Wicklow, Ireland, had faced charges related to poker games, at a private members club in Clerkenwell, central London, in which a levy was charged on the winnings.

The act states a licence is needed to host games of chance such as blackjack and roulette, but not games of skill, such as chess and quiz machines.

The trial centred around the popular Texas Hold 'Em variant of poker. The jury was asked to decide whether it was a game of skill or chance, or a combination of both.

Upholding the decision Lord Justice Thomas said: "The jury were, on the evidence, plainly entitled to conclude that the game of Texas Hold'em was a game of chance as defined by the 1968 Act."

Following Kelly's conviction last January many organisers of poker tournaments called the Gambling Commission seeking their advice on the legal implications of the verdict.