PLEA FOR MAREO

Poverty Bay Herald, Volume LXIII, Issue 18955, 4 March 1936, Page 8

PLEA FOR MAREO

REQUEST FOR NEW TRIAL APPLICATION TO APPEAL OPPOSITION FROM CROWN JUDGE DEFERS DECISION (Per Press Association.) AUCKLAND, last night. The Supreme Court this afternoon resumed the hearing of the application moved during the morning by counsel for Eric Mareo, musician, aged 44 years, who is under sentence of death for the murder of his wife, Thelma Clarice Mareo, at Auckland on April 15, 1935, for leave to apply to the Court of Appeal for a new trial on the grounds that the verdict, was against the weight of evidence. Mr. A. 11. Johnstone, K.C., for the Crown, said that the application should not be granted unless there was a reasonably answerable ground, not necessarily successfully, that the verdict was against the weight of evidence. The basis of that was that there must be some ground for His Honour to conclude that 12 reasonable men could not possibly have come to the verdict to which they did come. NO REASONABLE GROUND. He submitted that there was no reasonable ground for the suggestion that the jury could not have arrived tit the verdict which they did arrive at in the present case. Dealing with the crucial point in (lie case, Mr. Johnstone said it was submitted that the question whether (he veronal was in the milk given to Mrs. Mareo was entirely a matter for the jury. The jury was told certain facts by Miss Stark and Graham Mareo, and having regard to those statements the jury was entitled to come to the con elusion that the veronal was in the milk. He submitted that the jury on all the facts had come to the only reasonable conclusion. "Once you have the evidence of Miss Stark and Graham Mareo ad mitted by the jury, and the evidence of the medical witnesses accepted, there is no ground for this applica tion," said counsel. THE ONLY EXPLANATION. "The facts of the Saturday night prove that no other explanation can be given than that Mareo administered the dose himself. Suicide and misadventure arc out of the question.

"Was his hevaviour consistent with that of an innocent man? He did not make any effort to get. medical aid, and he was so easily satisfied on the Monday morning that a doctor could not be obtained until 1.30 o'clock. We submit that no grounds have been established, or reasons given, why this case should go to the Court of Appeal for further consideration." The case was purely one of inference, declared Mr. Trevor Henry, counsel for Mareo, in reply. He submitted that, the points he had raised were arguable, and if any crucial matter he had submitted was arguable, then the defence was entitled to succeed on its application. His Honour, Mr. Justice Pali") said he would take time to consider his decision.