The Crown says Stephen Stone won’t face re-trial over two 1989 murders.
Crown Solicitor Alysha McClintock said at the High Court at Auckland that there “is no longer sufficient evidence to support Mr Stone being tried”.
Stone and co-defendant Gail Maney were convicted for the murder of 21-year-old Auckland man Deane Fuller-Sandys in 1999 and during a retrial in 2000. Stone was also convicted of raping and murdering Leah Stephens, who the Crown said witnessed the Fuller-Sandys killing.
Last year Maney was aquitted, alongside Colin Maney and Mark Henrikensen who were also involved in the case. This came after the Court of Appeal found major failings by police to disclose documents led to a miscarriage of justice.
It also ordered a retrial for Stone because he confessed to the crimes in prison. Stone said the confession wasn’t genuine and the Parole Board agreed it was a “cynical ploy” to help his release. But the judges said the veracity could only be tested by a jury in a retrial.
After more than two decades in prison, Stone’s conviction was quashed, but he was not acquitted. He was released on bail while he waited to see if he needed to go through another re-trial.
Justice Timothy Brewer today discharged Stone on the murder and rape charges, and said he was effectively acquitted.
Following the hearing, Stone said he felt “angry” as he sat in the courtroom this morning.
He said it was “a little bit confusing” to be walking out of the court as a free man.
“Years in jail, and you [the court] just push me out the gate, you know.”
Stone said he had missed major milestones while he was in prison.
“When I went to jail, my son was four years old, when I got out, he was 34.
“I don’t even know half my grandkids.”
He said he would apply for compensation.
Stone said he had found work with some “open-minded” people who wanted to give him an opportunity.
“If you’re not working, what are you doing, what are you going to do. I’ve been f***ing struggling since I got out. I’ve had no assistance… apart from my loved ones.”
Stone said he had “rock solid support” from his family from “day dot”.
‘This isn’t over’
Stone’s lawyer Annabel Maxwell-Scott said about the decision: “This is the beginning now, something new.”
“This isn’t over.”
Maxwell-Scott said she and Stone’s team would be looking at compensation and requesting a public inquiry.
She said today’s decision was not a victory. “We’ve always maintained this was a travesty.”
“This is a case that was engineered by the police. The evidence against all of these defendants was not credible, and we’re just extremely disappointed that we’re still here 27 years on, having to fight this.”
Two weeks ago, Stone’s convictions for double murder and rape were quashed. However, the 54-year-old could still face a retrial. (Source: 1News)
Maxwell-Scott said she was “disappointed” for the families of Stephens and Fuller-Sandys.
“This is really not a victory for anybody, it’s an extremely sad day for the criminal justice system”.
She said she would continue to fight for Stone, who now had to rebuild his life after 27 years behind bars.
“The first thing he’s doing today is going to his mother’s grave. He hasn’t been there since he was 21 years of age.”
Maxwell-Scott said that since Stone was released on bail, he had been unable to find any work as the conviction was still being held against him.
“Not only has he been in prison for 27 years, but he’s had this incredible impact of being in prison for something he didn’t do.
“He has a lot of matters, psychological, to get over before he can really rebuild his life.”
Maney also attended the hearing and spoke to 1News outside the courthouse.
She said she was “relieved” for Stone, calling the last 27 years “torturous”.
“It’s been a lot,” she said.
She said that after her acquittal, “I haven’t felt like we’re completely free” as the investigation continued.
“They say that I ordered a hit and that Steve did it, so it just didn’t make any sense to me, and I knew we were innocent.”
Police respond
Police today acknowledged Stone’s acquittal and said it would consider how the decision may affect the investigation into the deaths of Fuller-Sandys and Stephens.
Detective Superintendent Uraia Vakaruru said police were aware that the Auckland Crown Solicitor had provided detailed reasons for reaching her conclusion, which had been communicated to next of kin for both Fuller-Sandys and Stephens.
Last year the Court of Appeal quashed Stone’s convictions for the 1989 murders of Deane Fuller-Sandys and Leah Stephens, as well as her rape – now he’s learnt he won’t be tried again for their deaths. (Source: 1News)
“We acknowledge [this] is disappointing for these families.”
Police have also launched a small team, led by a detective inspector, to investigate the original handling of the case. This probe was being conducted in conjunction with the separate IPCA investigation.
“It’s important that we allow due process to be followed and for these investigations to be carried out thoroughly,” Vakaruru said.
“Police will be considering any findings from these investigations around taking any appropriate next steps.”
The case before today
Maney and Stephen Stone were twice convicted for the 21-year-old’s 1999 murder. (Source: 1News)
It began when Fuller-Sandys went fishing in August 1989 off Auckland’s west coast and never returned. His body was never found.
Within a week of Fuller-Sandys going missing, a sex worker named Leah Stephens also disappeared.
Her body was found, but it was not until 1997 that police started to link the two cases based on tips.
At trial in 1999, the Crown successfully argued Maney ordered Stone to kill Fuller-Sandys because he had stolen from her.
The murder occurred in Maney’s garage, police concluded. They said there were 10 people there: Maney, Stone, Fuller-Sandys and seven others.
Stone fired the first shot and made four others pull the trigger, including Gail’s brother Colin Maney and Mark Henriksen, the Crown said.
Those two men were convicted as accessories to murder and were also part of the appeal.
Leah Stephens was also in the garage. The Crown argued Stone raped and killed her because it was feared she would talk.
He was also convicted of those charges.
The four remaining others in the garage were key Crown witnesses. Two of them recanted their evidence and all four have name suppression.
In July last year, the Crown admitted a miscarriage of justice had occurred at trial as police had not disclosed two vital documents that affected the credibility of two key witnesses.