NEW TRIAL

New Zealand Herald, Volume LXXIII, Issue 22401, 23 April 1936, Page 10

NEW TRIAL

CASE OF MAREO FRESH EVIDENCE GOVERNMENT DECISION OVERSEAS WITNESSES HEARING IN AUCKLAND [BY TELEGRAPH —SPECIAL REPORTER] WELLINGTON. Wednesday A now trin] has now definitely been granted to Eric Mareo, musician, who has been in Mount Eden prison for the last 56 days under sentence of dea*th on conviction for the murder of his wife, Thelma Clarice Mareo. The decision to grant a new trial was reached at a meeting of the Executive Council this evening. The application, made on Marco's behalf by his counsel, Mr. H. F. O'Leary, K.C., has been granted on the ground that fresh evidence has been discovered which was not available when the Supreme Court trial was held in Auckland before Mr. Justice Fair. As was stated previously, it is only 011 the recommendation of the Executive Council that a new trial can ho ordered in a criminal case when the ground of fresh evidence is advanced. The previous apj>eal on behalf of Mareo for a new trial was made to the Court of Appeal on the ground that the verdict at the original trial was against the weight of evidence. On April 8 the Court gave its unanimous judgment upholding the original trial verdict, but under the law of the land no mention could be made before the Court of Appeal of any possibility of fresh evidence. It is understood that the most important of the fresh evidence which will figure in the new trial will come from Australia, where Mareo and his wife lived and worked in theatrical productions before their marriage. Witnesses may be brought to New .Zealand from Australia to give evidence at the new trial, or, alternatively, their evidence may be taken on commission. There is not likely to be any order for a change of venue, and the new trial will probably take place in the Supreme Court at Auckland at a reasonably early date.