Andy Marshall killer granted retrial

Last updated 17:36 30/08/2013
Andy Marshall
KILLED DURING A NIGHT OUT: Andy Marshall was following his dream of becoming a professional musician in Australia.
HAPPIER TIMES: Andy Marshall, right, with mum Wendy and dad Alan. The last time they spoke was on Mother's Day. Several hours later Andy was fatally attacked.
Fairfax NZ
HAPPIER TIMES: Andy Marshall, right, with mum Wendy and dad Alan. The last time they spoke was on Mother's Day 2011. Several hours later Andy was fatally attacked.
Stefan Schmidt
STEFAN SCHMIDT: Found guilty of murder, granted a retrial.

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The aunt of the Kiwi musician pushed to death out of a pub window in Perth says the retrial of the man responsible will re-open her family's heartache.

Stefan Pahia Schmidt applied to Western Australia’s Court Of  Appeal in June, seeking to overturn his life sentence for killing Andy Marshall by pushing him through the second storey window of Cottesloe’s Ocean Beach Hotel in May 2011.

The court determined on Friday that Schmidt would face a retrial.

The appeal court ruled a misdirection from the trial judge over Schmidt's intentions when he pushed Mr Marshall caused a miscarriage of justice.

Andy Marshall's aunt, Jo Guy, who is also the mother of Scott Guy, shot dead in July 2010, says the appeal was expected. It meant the family would relive their heartache over his death, she said.

"Whatever happens it doesn't bring Andy back. That's what we learnt a bit with our trial. It was very difficult.

"We're just there to support each other with whatever comes.

"It just re-opens everything," Guy said.

Andy Marshall's father, Alan, who lives in Hawke's Bay, says he was more shocked when he found out his son's killer was mounting an appeal, than when the order for a retrial was given today.

Marshall went to Perth to hear the appeal in June and today heard the court give its decision via a video link.

"The appeal itself was a little bit of a shock. We weren't really sure what to expect, but it was fairly obvious the judges thought something was wrong.

"We were more shocked then than we were today."

The prospect of sitting through a retrial was "daunting". Marshall wasn't required to give evidence at the original trial, but watched proceedings from the public gallery.

"It's a pretty harrowing process to go through. It's hard to think we might have to face that again.

"From that point of view it's a bit disappointing but at the same time there's not much we can do about it now," he said.

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"We accept it and if we're required to face a retrial, we'll go through it."

Marshall said he and his wife, Wendy, have the support of a loving family.

Schmidt's mother Hera Schmidt attended the Court of Appeal judgment and said the decision was ''a long time coming''.

He was coping well with his imprisonment but didn’t deserve to be in jail, she said.

‘‘He has the support of all his family.’’

Schmidt was sentenced in September 2012 to a minimum of 14 years in jail.

A former bouncer and trained fighter, he didn’t deny pushing Marshall but said he didn’t intend to kill him.

- AAP

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