Court overturns convictions of Gail Maney and others in Deane Fuller-Sandys case

Gail Maney told NZME today’s decision was a relief.

“I’m still processing it and trying to get my head around it.”

After waiting 27 years for the decision, he admitted feeling anxious before it was published.

He said he was confused by the court’s decision to allow Stone’s retrial.

“None of this actually happened, we are all innocent people and to me this doesn’t make any sense. “He doesn’t deserve to be there (in prison) any more than I do,” he said.

Maney said he now plans to take some time to put things into perspective.

The Court of Appeal’s decision followed a hearing in August where all four requested acquittal. Alternative lawyers for Gail Maney and Stone asked for a stay of prosecution to prevent a retrial.

At the hearing, the Crown acknowledged that there was miscarriage of justice. It was also accepted that the decision to retrial Colin Maney and Henriksen was not in the interests of justice and that an acquittal was appropriate. However, a retrial was requested for Gail Maney and Stone.

Crown’s case

Deane Fuller-Sandys was 21 when she disappeared in August 1989. His body was never found.

The Crown alleged Gail Maney ordered Stone to kill Fuller-Sandys because he had burgled her flat in Larnoch Street, West Auckland, stealing drugs, money and leather goods.

Police alleged that Fuller-Sandys ransacked the apartment while he was on his way fishing on August 21, 1989, and that he was shot by Stone in the garage before being handed a gun by several witnesses who were there and encouraged to shoot Fuller-Sandys. .

They then allegedly put the body in the boot of Colin Maney’s car and drove him to Woodhill Forest, where the Crown said he was buried, then parked his car at the fishing spot at Whatipu, where he was later found.

Frightened by the speech of one of those present – a young sex worker named Leah Stephens – Stone allegedly raped and murdered her six days later.

Stephens’ body was found three years later by a dog walker buried near Muriwai Golf Club.

1999 and 2000 trials

The trial began in the Auckland High Court on 1 March 1999. The Crown’s case relied on the evidence of four witnesses – two men and two women. granted immunity from prosecution In exchange for testifying against Maney and Stone. Three have permanent name suppression.

They all denied involvement in the murder and said Fuller-Sandys drowned while fishing in Whatipu. Stone also denied any involvement in Stephens’ rape and murder.

At the hearing, Detective Mark Franklin told the court that no witness was shown the testimony of another witness.

However, the ruling said the Crown now accepts that Detective Franklin’s assurances were not true and that the defense attorney’s failure to disclose communications with a defense attorney involved in the case contributed to the injustice that occurred in the 1999 and 2000 cases.

In March 1999, Stone and Maney were convicted of murdering Fuller-Sandys. Colin Maney and Henriksen were found guilty of accessory after the fact. Stone was also convicted of raping and murdering Stephens.

Following their conviction, Gail Maney and Henriksen successfully appealed and were retried in May 2000. The Crown again relied on four key eyewitnesses, but this time they were subjected to extensive cross-examination. Maney and Henriksen also presented evidence showing that they denied any involvement in the Fuller-Sandys murder.

Decision of the Court of Appeal

In its ruling, the court noted that the Crown’s case had changed significantly since the 1999 and 2000 trials, when it relied on the testimony of four “witnesses” who implicated all four in the Fuller-Sandy murder.

Two of these witnesses have now retracted their statements. The decision stated that “there is currently no evidence to suggest that Ms. Maney was involved in the murder of Mr. Fuller-Sandys” as their statements could not be trusted.

The Court of Appeal said it was not necessary to review Ms Maney’s case after the Crown accepted there was no longer admissible evidence implicating Ms Maney in the Fuller-Sandys murder.

He argued that a retrial was necessary despite Crown prerogative and that the decision should be left to the Crown Solicitor in Auckland.

However, the Court of Appeal disagreed in its decision, citing the lack of evidence against him and saying the Crown should no longer be given the opportunity to ‘fill in the gaps’ in the evidence.

It was also stated that it was not appropriate for Ms Maney, who had already faced two trials and served her sentence, to leave matters unresolved. The length and complexity of the trial and the time elapsed between Fuller-Sandys’ disappearance were also factors preventing a retrial.

“The only factor that points to a retrial is the seriousness of the crime, but in our assessment, the lack of evidence against Ms. Maney and the summaries we have available significantly outweigh that assessment,” the statement said.

In relation to Colin Maney and Henriksen, the Crown argued that although there was some evidence implicating Colin Maney and, to some extent, Henriksen, the Crown properly accepted that acquittals should be given in these cases.

The Supreme Court accepted..

Catherine Hutton is an Open Justice reporter based in Wellington. He worked as a journalist for 20 years, including for the Waikato Times and RNZ. Most recently, he was working as a media consultant at the Ministry of Justice.