Winning ticket 'given to poor' claims dairy owner

A former dairy owner accused of defrauding a $30,000 Lotto winner is claiming a "Robin Hood" defence.

It is understood the man told police he gave the winning second-division ticket away to another regular customer - a man whose wife was battling cancer.

The former owner of the dairy on the Kapiti Coast is facing charges of using a document and with obtaining by deception - both carry a seven-year jail term - and will appear in Porirua District Court next week.

Detective Stu Taylforth said the charges were laid after a regular customer bought a $6 lucky dip Lotto ticket on September 2.

He returned to the dairy two days later, thinking he had a winning ticket, but did not know which division. The dairy owner, 35, allegedly scanned the ticket and gave him $642 - despite the fact it was worth $30,587.

Police allege the customer twice returned to the dairy to query the prize and the owner admitted making a mistake and paid him an extra $9, but claimed he had thrown the winner's receipt in the rubbish.

Mr Taylforth said that later that day a second customer presented a winning division three ticket, worth $629, and did not seek the winning receipt - which the dairy owner gave to the first customer.

It is alleged that the dairy owner then gave the $30,587 winning ticket to a third customer and helped fill in the prize form to claim the winnings from the Lotteries Commission.

Mr Taylforth said the customer - whom the dairy owner knew - did not know it was not a real winning ticket. Meanwhile, the duped first customer had his ticket rechecked at another outlet, discovered his real winnings, and complained to the commission, which hired a private investigator. The man has been paid his full winnings.

It is understood the dairy owner feels he acted as a "Robin Hood" and gave the man the winning ticket because he knew he was poor and had heard his wife had cancer.

The dairy owner declined to comment. His wife had returned to India.

The man was stripped of his Lotto franchise, which he had operated since May 2003, and has since sold the business.

Lotteries Commission spokeswoman Helen Morgan-Banda confirmed the commission had investigated the incident and subsequently paid the customer his full prize.

- NZPA