Court accepts raid on EL 'Internet café'

By Adrienne Carlisle

GRAHAMSTOWN -- The South African Narcotics Bureau (Sanab) won a major court victory yesterday when a high court judge here rejected an application for the return of 26 computers and other equipment valued at R150000 which Sanab alleges were used for illegal gambling purposes at an East London "Internet café".

Justice Mick Jennett dismissed the application brought by Mr Greg Eekhout, proprietor of the Southernwood-based Cyberworld Internet Lounge, for the setting aside of two search warrants and for the return of all equipment, documentation and money seized in a police raid on his business and home on January 28.

The raid was the culmination of a joint operation between Sanab and the Pretoria-based computer crime investigation unit of the SA Police Services and was carried out in the presence of members of the Eastern Cape Gambling Board. During the raid, Sanab seized 26 computers, keyboards and "gambling consoles" from Cyberworld Internet Lounge.

From Eekhout's home they seized one computer and envelopes of money totalling about R35000.

Eekhout said in papers before court that he ran an Internet Café and provided Internet services on his computers.

He said that, while surfing the Internet, any customer could visit websites with gambling games such as roulette, blackjack and poker. He said they could play for fun or choose to gamble seriously by submitting their credit card number which would be debited or credited, depending on whether they won or lost.

Clients of the Cyberworld Internet Lounge were forced to sign a "disclaimer" if they chose to play these games.

"Neither my business nor I has any connection with any gambling website."

He charged that affidavits filed in support of execution of the search warrants did not contain sufficient information to establish reasonable grounds that the equipment was used in the commission of an offence.

The East London chief magistrate, Mr S V Z Stander, had therefore not properly applied his mind as required in law before issuing the two search warrants, he claimed.

Eekhout said he had lost a daily turnover of R13000 since the equipment had been seized.

But East London Sanab head Captain Raymond Buys said in an affidavit that it was apparent that the "primary service" offered by Eekhout was "gambling games for gain", in contravention of the Eastern Cape Gambling and Betting Act.

Each computer had been specifically equipped with a "gambling console" to facilitate the playing of gambling games which could not be used by a casual Internet browser for anything else.

A person assisting in the investigation testified in an affidavit that on the three occasions he had visited the Malcolmess Park business premises of Cyberworld Internet Lounge he had been issued with a stiffie disc containing the "credits" he had paid a cashier for. The credits increased or decreased depending on whether he was winning or losing at poker. When he finished playing, his bank account would be credited with the winnings or remaining credits reflected on the stiffie.

"It is significant that those who gambled and won money did not provide credit card details, thereby establishing that it was a business which was instrumental in facilitating payment of winnings," Buys said.

At the time of the raid all customers, including two youngsters under 18, had been playing gambling games and several had asked to be allowed to finish so they could "cash up" their winnings. Photographs show each computer had a gambling console in front of it while keyboards were on top of the hard drives.

Buys said no arrests had been made as investigations were continuing.

Judge Jennett dismissed Eekhout's application with costs. He found the issuing of the warrants on the information before the magistrate had been reasonable.