All convictions against Gail Maney, Stephen Stone and two others related to two historical murder cases have been quashed.
Maney has been acquitted, while a retrial has been ordered for Stone.
Maney and co-defendant Stone 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.
Gail’s brother Colin Maney, and Mark Henriksen were convicted as accessories to Fuller-Sandys’ murder.
The Court of Appeal in Wellington today issued its decision after a hearing in August this year over the case. 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.
Stone’s convictions have been quashed – but a retrial was ordered, as the Crown had advocated for.
Crown lawyer Mark Lillico said there was still a case against Stone and it should be put to the test.
Gail Maney’s conviction was quashed and a verdict of acquittal was entered, more than two decades after her convictions.
Colin Maney and Henriksen’s convictions were also quashed, with verdicts of acquittal entered, the court’s judgment read.
‘I’ve fought for this for so long’
Maney told 1News it was an emotional day, not only for her, but for her friends and family that had supported her.
“It was emotional, it was an emotional relief,” she said of hearing the news.
“I’ve fought for this for so long, to finally get here is unbelievable.”
Stone’s lawyer ‘disappointed’ retrial ordered
Maney and Stephen Stone were twice convicted for the 21-year-old’s 1999 murder. (Source: 1News)
Lawyer Annabel Maxwell-Scott said her client “Stone is now an innocent man, as we contend he always has been”.
“We are disappointed that the Court has ordered a retrial but the lack of available and compelling evidence has at least been acknowledged by the Court,” she said.
“Stephen has served 26 years in prison and his convictions have been overturned.”
Stone’s representation will now “focus on bail and ensuring that this matter is put to an end as soon as is possible”, Maxwell-Scott said.
“Whether that is from a further appeal or in discussions with the Crown Solicitor is a matter we will consider with our client.”
Though a retrial has been ordered, the final decision on whether to try Stone again rests with the Crown Solicitor, the court’s judgment said.
The case before today
Maney and co-defendant Stone were convicted for the murder of Fuller-Sandys in 1999 and during a retrial in 2000.
Stone has been in prison for 26 years and is still there. Maney spent 15 years in jail.
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 and remains in prison today.
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, 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.