Sydney man Davy Tupuelu sentenced for defrauding $90,000 from The Star casino

A Sydney solicitor has told a court casinos “rape families” as he defended a man who took advantage of multiple machines which after been adversely affected by a software update at The Star casino.

Davy Tupuelu defrauded The Star casino of $90,000.

A problem gambler had a cash carrot dangled in front of him by a casino machine “susceptible to being exploited”, a Sydney solicitor has claimed.

Tevita Kaukefu-E-Ea Eufoniume Tapueluele, better known as Davy Tupuelu, defrauded The Star casino of $90,000 after taking advantage of a fault in its machines.

Tupuelu, a 41-year-old labourer, was sentenced to an intensive correction order in Downing Centre Local Court last month after pleading guilty to dishonestly obtaining the $90,000.

Documents tendered in court state Tupuelu, of Wentworth Point, committed the offence over a few days in late July 2023.

Patrons using poker machines at The Star casino receive a voucher with their winnings, which can be taken to the cashier or one of the TICO machines to exchange for cash.

The documents state The Star’s ticket in, cash out machines, also known TICO machines, had recently had a software update which made them “susceptible to being exploited”.

The TICO machines which paid out poker machine winnings were “susceptible to being exploited”.

The machines were able to be exploited when a voucher of a particular value was deposited, resulting in cash being dispensed as well as another voucher.

Documents state Tupuelu cashed in on the defect 50 times to obtain the $90,000 windfall, which the court heard was ultimately fed back into the pokies.

The Star became aware of the monetary loss and turned off the TICO machines before contacting police.

Solicitor Elias Tabchouri said he had “very little sympathy” for the casino. Picture: NewsWire / Simon Bullard

In court, solicitor Elias Tabchouri said he had “very little sympathy” for casinos, claiming they “rape families”.

Mr Tabchouri said the entire amount defrauded was frittered away back into the pokies, arguing his client should not be required to pay The Star $90,000 in compensation.

“We have a situation where a machine in a casino is giving out money to gamblers,” he said.

“He is a gambler, he is intoxicated at the time, but all of the money put out was put straight back into the machine.”

Magistrate Miranda Moody disagreed with Mr Tabchouri’s “interesting” submission, stating Tupuelu was “looking to get another win” with the illegally obtained money.

Ms Moody said “most people would not disagree” with the solicitor regarding the exploitative nature of casinos, but in this case the offender was “the author of his own destiny”.

The court heard Tupuelu had been on bail before going into custody in August 2024 for intimidating and assaulting a police officer, charges to which he later pleaded guilty.

The incident involved a drunk Tupuelu entering an unknown person’s car while they were still inside before an argument kicked off.

Tupuelu damaged the glovebox and sun shade before slapping a police officer responding to the early morning situation.

Ms Moody took into consideration the time Tupuelu had already spent in custody when sentencing him to a 15-month intensive correction order.

The magistrate decided against imposing community service given Tupuelu needed to “get back on the job and chip away” at the $90,000 owed to The Star.