However, a retrial has been ordered for co-accused Stephen Stone who was convicted of Fuller-Sandys’ murder and also the rape and murder of sex worker Leah Stephens. The reasons for this have been suppressed.
The Court of Appeal’s decision follows August’s hearing in Wellington where all four sought acquittals. As an alternative lawyers for Maney and Stone sought stays of prosecution to prevent them from being prosecuted
At the hearing, the Crown accepted it wasn’t in the interests of justice to order a retrial for Colin and Henriksen and an acquittal was appropriate. But it sought a retrial for Gail and Stone.
The Crown’s case
Deane Fuller Sandy’s was 21-years-old when he went missing. His body has never been found.
The Crown alleged Gail Maney ordered Stone to kill Fuller-Sandys because he burgled her Larnoch Road 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 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, 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 & 2000 trials
The trial began on 1 March 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 defence lawyer involved in the case the defence lawyer 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-Sandy’s on 21 August 1989. Colin Maney and Henriksen were convicted as being accessories after the fact. Stone was also convicted of raping and murdering Stephens.
Following their convictions Gail Maney and Henriksen successfully appealed and were retried in May 2000. Again the Crown relied on the four key eyewitnesses, 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 implicated all four in Fuller-Sandy’s murder.
Two of those witnesses have now recanted their evidence. Because their statements can’t be relied upon “there is currently no evidence to implicated Ms Maney in the murder of Mr Fuller-Sandy’s the decision said.
The Court of Appeal said it wasn’t necessary to traverse Ms Maney’s case after the Crown acknowledged that as matters currently stand, there was no longer admissible evidence that implicated Ms Maney in Fuller-Sandys’ murder.
Despite the Crown’s concession, it argued a retrial was necessary and the decision should be left to the Crown Solicitor in Auckland.
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 Ms Maney who has already faced two trials and served her sentence. 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 offence, but, in our assessment, that consideration is significantly outweighed by the absence of evidence against Ms Maney and the factors we have summaries,” it said.
In relation to Colin Maney and Henriksen the Crown argued that although there is still some evidence that implicates Colin Maney and to some extent Mr Henriksen, the Crown properly accepts that verdicts of acquittal should be entered in their case.
The Court of Appeal agreed..
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 advisor at the Ministry of Justice.
