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

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

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

Having waited 27 years for the decision she’d admitted feeling anxious ahead of its release.

She said she was confused by the court’s decision to allow a retrial for Stone.

“Basically none of this happened, we’re all innocent people and to me, it doesn’t make any sense. “He doesn’t deserve to be there (in jail) any more than me,” she said.

Maney said she now planned to take some time and put things into perspective.

The Court of Appeal’s decision follows a hearing in August where all four sought acquittals. As an alternative lawyers for Gail Maney and Stone sought stays of prosecution to prevent them from being prosecuted again.

At the hearing, the Crown accepted there had been a miscarriage of justice. It also agreed it wasn’t in the interests of justice to order a retrial for Colin Maney and Henriksen and an acquittal was appropriate. But it sought a retrial for Gail Maney and Stone.

The Crown’s case

Deane Fuller-Sandys was 21 when he went missing in August 1989.

He told his parents, who he lived with, that he was going fishing. He took fishing rods, bait, a fishing knapsack, a “dolphin torch” and a can of CRC. The following day his car was found in the car park at Whatipu Beach.

Three days later, his sister found a “dolphin torch”, a can of CRC and a blue soap dish on Whatipu Beach. His family identified these items as belonging to Fuller-Sandys’ but his body has never been found.

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

Police claimed Fuller-Sandys called in at the flat on his way to go fishing on August 21, 1989 and he was shot in the garage by Stone before the gun was passed around the numerous witnesses who were present and who were encouraged to shoot Fuller- Sandys.

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

Fearing one of those present – a young sex worker by the name of Leah Stephens – would talk, Stone allegedly raped and killed her six days later.

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

The 1999 and 2000 trials

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

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

At the trial Detective Mark Franklin told the court no witnesses had been shown any other witness’ statements.

But the decision said the Crown now accepts that Detective Franklin’s assurances were not correct and the failure to disclose his communications with a lawyer representing one of the witnesses in the case contributed to the miscarriage of justice that occurred in the 1999 and 2000 trials.

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

Following their convictions, Gail Maney and Henriksen were successfully appealed and were retried in May 2000. Again the Crown relied on the four key eye witnesses, although this time they were extensively cross-examined. Maney and Henriksen also gave evidence in which they denied any involvement in Fuller-Sandys’ murder.

The Court of Appeal’s decision

In its decision, the court says the Crown’s case has changed significantly since the 1999 and the 2000 trials, where it relied on the evidence of four witnesses who implied all four in Fuller-Sandys’ murder.

Two of those witnesses have now recanted their evidence. Because their statements can’t be relied upon “there is currently no evidence to imply Ms Maney in the murder of Mr Fuller-Sandys” the decision said.

It also said the Crown accepted there was no likelihood of further DNA testing implicating Gail Maney and it couldn’t explain what further inquiries might imply her.

The Court of Appeal said it wasn’t necessary to traverse her case after the Crown acknowledged that as matters currently stand, there was no longer admissible evidence that implicated her in Fuller-Sandys’ murder.

Despite the Crown’s concession, it pursued a retrial was necessary and the decision should be left to the Crown Solicitor in Auckland, Alysha McClintock.

But in its decision, the Court of Appeal disagreed saying a lack of evidence that has emerged against her and the Crown shouldn’t now be given the opportunity to “fill in the gaps” of evidence.

It also said it wasn’t appropriate to leave matters unresolved for Gail Maney who has already faced two trials and served her sentence. She remained at risk of recall if she breached that parole, the decision said. The length and complexity of a trial and the time that has elapsed between Fuller-Sandys’ disappearance were also factors against ordering a retrial.

“The only factor that points towards a retrial is the seriousness of the offense, but, in our assessment, that consideration is significantly outweighed by the absence of evidence against Ms Maney and the factors we have summarized,” it said.

In relation to Colin Maney and Henriksen the Crown considered that although there is still some evidence that implies Colin Maney and to some extent Henriksen, the Crown properly accepted that verdicts of acquittal should be entered in their case.

The Court of Appeal agreed. It said given the length of time since Fuller-Sandys disappeared and the time that has elapsed since they served their sentences, an acquittal was appropriate. .

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