The jury heard the arguments of both parties, namely if poker is an exclusive game of skill or even that it is rather a game where chance also has a role on several days. Further arguing that the fact cards are perfectly mixed introduces an element of chance clear and that while players can use their skills to play their cards, their starting hands were only determined by chance.
On 16 January, a London jury said Derek Kelly, founder of the "Gutshot Poker Club", guilty of violating the Act British game (Gaming Act 1968), by organizing and taking advantage of two poker games without a permit.
The jury heard the arguments of both parties, namely if poker is an exclusive game of skill or even that it is rather a game where chance also has a role on several days. Further arguing that the fact cards are perfectly mixed introduces an element of chance clear and that while players can use their skills to play their cards, their starting hands were only determined by chance.
Defence beautifully countered these arguments. Joseph Kelly, Professor of law, asserted that all games contain an element of chance, not to determine who begins part. He also explained that the determinative issue should be to determine which element, luck or skill, is determining the outcome of a party
The editor of the Poker Europa magazine, explained for his part that serious players use a variety of different skills including the ability to understand the psychology of the other players, the fast calculation of the sides and the strategic game. He also indicated that the poker involves fixed and well defined probabilities and that chance is not an equal influence from the beginning at the end of a hand. The defendant came later corroborate the fact that no existing game combines chance and skill.
Unfortunately for the defense, the demonstration that poker is rather a game of skill was not enough to convince the jury that the n chance is not as much. The judge allowed the verdict stating that any other verdict had caused enormous problems to the gaming industry in giving the green light to the unregulated poker.
The award will be determined later, but Mr. Kelly has already said want to appeal.
SOURCE: http://www.pcpr.co.uk