CASE OF MAREO

New Zealand Herald, Volume LXXIII, Issue 22400, 22 April 1936, Page 12

CASE OF MAREO

NEW TRIAL SOUGHT A FRESH APPLICATION PLEA OF NEW EVIDENCE EARLY CONSIDERATION [BY TELEGRAPH SPECIAL REPORTER] WELLINGTON. Tuesday The question of a new trial of Eric Mareo, musician, wb~ was found guilty in the Supreme Court at Auckland earlier this year on a charge of murdering his wife, Thelma Clarice Mareo, and who is at present in Mount Eden prison under sentence of death, is to bo considered by the Executive Council. An application for a new trial was made to the Court of Appeal last month by Marco's counsel, but was rejected by the Court. The new application is being made to the GovernorGeneral- i n-Co un ci 1. The matter was referred to-night to the Attorney-General, Hon. H. G." R. Mason. Although he declined to discuss details of possible future -action, he said that application had been made to the Governor-General-in-Council for a new trial on the grounds of the discovery of new evidence not previously available. The Only Authority "In civil cases," Mr. Mason explained, "application may be made to the Court for a new trial on the grounds that new evidence has been discovered. It is the practice of the Courts to grant a new trial in such cases when it is shown that the new evidence could not by reasonable diligence have becu discovered before the trial, and that the evidence is of such importance as would probably have caused the Court to have come to a different decision. There is no such provision for an appeal to the Court in criminal cases. In those cases the only argument that can be addressed to the Court is that the decision is erroneous, having regard to the evidence already adduced at" the trial. In criminal cases the Governor-General-in-Council is the only authority who can order a retrial on the grounds of new evidence having been found. Previous Precedents

"By section 447 of the Crimes Act, it is provided that, where on the application for the mercy of the Crown on behalf of anv person convicted of a crime the Governor-General-in-Council entertains a doubt whether such person ought to have been convicted, ho may direct a now trial at such time and before such Court as ho thinks proirr. This section has more than once been availed of where new evidence has been discovered after a trial. In the present case Mr. H. F. O'Leary, K.C., counsel for Marco, has- made application to the Attorney-General, and submitted new evidence which was not available at the previous trial. His Excellency the Gov-ernor-General is out of town at present, but the application will be placed before a meeting of the Executive Council as soon as conveniently can be arranged after his return to Wellington."