Mahoe Gaming, one of the companies pushing to enter Jamaica’s lucrative lottery market, has asked the court to allow it to enter the legal dispute seeking to prevent the Betting, Gaming and Lotteries Commission (BGLC) from deciding to issue a licence for new players in the sector without a survey of the market needs.

Michelle Myers Mayne, chair of Mahoe Gaming, has filed an application in the Supreme Court seeking permission for the company to be added to the lawsuit as an interested party.

Lawyers representing Myers Mayne filed the application last week and argued that Mahoe Gaming has a vested interest in the case as its technology partner, which was not named, has already invested more than US$3 million in the development of a lottery system and the manufacturing of lottery terminals in the event it was granted a lottery licence.

Myers Mayne also filed an affidavit to support Mahoe Gaming’s request to join the BGLC as an interested party in the lawsuit filed by deputy chairman of Supreme Ventures Limited (SVL) Ian Levy, who had asked the court for a stay of proceedings, or alternatively, an injunction, to prevent the BGLC from going ahead with plans to grant another gaming licence without doing a survey of market needs.

In papers filed on Friday, April 3, Levy — through lawyers representing the SVL subsidiary Prime Sports — contended that the BGLC was making plans to issue a licence to a new entrant in the gaming business without conducting a study to determine, among other things, whether or not the Jamaican marketplace can accommodate another such company.

Levy pointed out in his affidavit that 20 years ago, when SVL was granted a licence to operate, it was instructed that new applicants to the market could not offer the same game types as the existing licensee.

According to Levy, Mahoe Gaming, which involves Myers Mayne and other prominent Jamaican business leaders, would be offering the same games as SVL.

But in her affidavit Myers Mayne argued that the application filed in the Supreme Court by Levy seeks immediate interim relief that would directly affect and concern Mahoe Gaming, “in that Prime Sports asks for the grant of an injunction, or alternatively a stay of the respondent’s [BGLC] consideration, or continuing consideration of a new lottery licence to Mahoe Gaming”.

Myers Mayne further argued that the relief sought by Prime Sports would directly affect and concern Mahoe Gaming and would be prejudicial to its rights and interest.

“Mahoe Gaming has had to put itself in a position of readiness in the event it is granted a lottery licence, so that [any] delay arising from a restraint in the [BGLC’s] exercise of its statutory discretion in its consideration and determination of Mahoe Gaming’s application will result in ongoing losses in investments Mahoe Gaming has made such as staff, office premises, investment in technology, branding development, marketing, and more,” argued Myers Mayne in her affidavit.

She added that Mahoe Gaming’s attorneys have advised that there is no realistic prospect of the success for the case brought by the SVL subsidiary.

But lawyers representing Levy have rejected the arguments brought by Myers Mayne and have urged the Supreme Court to reject the application from Mahoe Gaming to be joined as an interested party with the BGLC.

The Supreme Court is expected to hand down its ruling on May 6.