ALLEGED MURDER

Ashburton Guardian, Volume 56, Issue 6, 19 October 1935, Page 3

ALLEGED MURDER

THE TRIAL TO BE ADJOURNED.

Time to prepare defence.

(Per Press Association). AUCKLAND, October 18

An application fox- the adjournment of the trial of Eric Mareo, a musician, aged 44, on a charge of murdering his wif a Thelma. 'Clarice Mareo, was brought before Mr Justice Fair. After pointing out that such an apphca ion could only be properly dealt With aftei the Grand Jury had considered the indictment and returned a true bill, his Hohor indicated his willingness to adjourn the case until the February sessions ‘ when the application came formally before him. Mr Henry- and Mr Aekins appeared in support of the motion for the adjournment, and Mr Hubble appeared for the Crown. I

Mr Henry said the case was of tha. gravest nature in the criminal calendar, and it was one in which the facts were complicated and medical ques tions arose. The Crown had retained counsel of the greatest eminence, but accused had been hampered by lack oi funds, and found difficulty in getting adequate representation. The offence alleged took place six months ago, but the police did not arrest accused until about six weeks ago. In other words, the police were preparing their castf for 4£ months before the hearing took place. That hearing concluded only a

fortnight ago. His Honor said an application of this kind could not formally be madu until the Grand Jury had brought in a true bill. There was another feature. The matters submitted by counsel would require to be put in the form of affidavits.

Mr Henry said previous applications had been made without affidavit, or evidence on oath.

His Honor said there were certain matters of fact which should be put on affidavit.

Mr Henry said he could undertake to file an affidavit covering the facts he had mentioned.

Mr Hubble said he recognised that the present application was an informal hearing, hut he did not desire to make any technical or formal objections whatever. He would like it to be dealt with purely on its merits. His Honor said he would give at once the decision he had arrived at, and would put his reasons in writing later, subject to counsel filing formal application and recording on affidavit the facts on which they relied. , He would be prepared to grant the application and adjourn the heai’ing of the trial until the sitting commencing on February 4. The broad ground on which the adjournment was granted was that unless there were vei’y cogent reasons to the contrary, an accused would "be given every reasonable opportunity to prepare his defence. If the application was renewed in the proper form it would be granted.