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There was no betting option of him to "not eat a pie". It was only for him "to eat a pie". People have specifically bet on him to do an action. No one bet on him "not to eat a pie". If he is aware of the bet, and that friends have bet on it and does it knowing the consequences, then that's a...

He's guilty. He referred to it as "banter". "Banter" is code word for "non-humorous/politically incorrect/illegal activity"