Play Whe loses out to Whe Whe

As a result, Moruga minimart owner, Godfrey Lee Sing has no case against the State as to why sales from his Play Whe machine dropped because, according to him, the police had failed to stop persons from conducting a thriving illegal “whe whe” game next to his business place in Gran Chemin.

Justice Amrika Tiwary, in a written judgment last Friday, ruled that Lee Sing’s lawsuit against the State for its alleged failure to grant him protection of the law was misconceived. She ordered him to pay the State’s legal cost.

Lee Sing, a former PNM councillor in the Princes Town Regional Corporation, filed a novel lawsuit in the High Court in 2005 in which he stated that he operates a Play Whe machine on behalf of the National Lotteries Control Board.

He conducted a thriving business in which there were long lines at the Play Whe machine, at lunch time, and afternoon. The number of customers increased, so much so that Lee Sing had to employ additional persons to serve his customers. Then something happened. Lee Sing noticed the number of persons buying Play Whe, began to decrease. According to Lee Sing, there were two persons close to the minimart who were conducting a thriving business in the illegal whe whe game.

Lee Sing reported the matter to the nearby police station where he complained that he was “being robbed” of revenue from his legal Play Whe by the illegal playing of “whe whe”. He was not satisfied that the police were taking steps to stop the game, and he filed the lawsuit seeking judicial review and an order of mandamus, compelling the police to act against the “whe whe” punters.

The State defended the action which was argued by Senior State attorney Neil Byam. Attorney Michael Persadsingh presented Lee Sing’s case before Justice Amrika Tiwary-Reddy.

In an 11-page judgment, the judge agreed with Byam’s submissions that the court must not interfere with the manner in which the police conduct investigations. The Moruga police did investigate Lee Sing’s allegations, but did not find anyone operating a “whe whe” gambling den in the area.

Several police officers swore to affidavits to support the State’s defence of the lawsuit.

Tiwary stated, “The question whether the Commissioner of Police correctly exercised his discretion in the manner in which the investigation was carried out, is not for this court to determine. I am guided by the learning where Lord Denning made it clear that the court would not interfere with the discretion of the police in the manner in which investigations are carried out.”

The judge then ruled that Lee Sing’s application for judicial review was misconceived.