BASIS OF APPLICATION

Evening Post, Volume CXXI, Issue 85, 9 April 1936, Page 13

BASIS OF APPLICATION

The application for a new trial for Mareo disposed of yesterday by the Court of Appeal was made under Section 446 of the Crimes Act, 1908, on the ground that the verdict was against the weight of evidence. It was held by the Court that the evidence was such that the jury could reasonably and properly find the prisoner guilty. On this application the Court was able to deal only with the evidence that was before the jury. The fresh application Mr. O'Leary is making is not an attempt to upset the jury's verdict on the evidence the jury had before it. The position is, however, that under Section 447 of the Crimes Act the Governor-General in Council may order a new trial if it is felt after inquiry has been made that there is a doubt whether the accused ought to have been convicted. It is reported that the basis of the new application is that new and important evidence has become available to the defence which was unknown even to Mareo at the time of the trial. Section 447 of • the Crimes Act has been invoked in cases in the past without success, but, a "Post" reporter was told today, it is doubtful if an application under the section has been made before on -the ground that new and important evidence has become available since the trial. When the announcement was made of the first application, arrangements had been made for Graham Mareo and Elizabeth Patricia (Betty) Mareo to sail by the Ruahine for England. Their passages were at once cancelled, as at a new trial their evidence would be required. Now that counsel for the defence intends making a further application presumably they will have to remain a while longer in New Zealand pending the pleasure of the Crown being notified. •