Gail Maney acquitted in Gone Fishing case

Wednesday, 2 October 2024

Gail Maney has been acquitted of a murder she has always denied doing.

The Court of Appeal quashed her conviction over the killing of Deane Fuller-Sandys in 1989.

Maney had fought for years in prison to have the conviction overturned and it was a sense of relief it was now over.

Twenty-five years after she was convicted of a murder she always denied, Gail Maney is a free woman.

The Court of Appeal this afternoon acquitted the mother-of-five of ordering the killing of Deane Fuller-Sandys in 1989, accepting she was a victim of a miscarriage of justice.

It also quashed the convictions of Stephen Stone for murdering Fuller-Sandys, and for raping and murdering Leah Stephens, but ordered a retrial for him.

The court also acquitted two other people police alleged were involved as accessories after the crime – Maney’s brother Colin, and Mark Henriksen.

In acquitting Gail Maney, the court accepted the case against her had collapsed.

“Here, there is no evidence at all against Ms Maney, let alone credible evidence.

“In our assessment, the principles of finality and the interests of justice require the case against Ms Maney to be brought to a conclusion.”

This meant the 57-year-old was acquitted, would not face a third trial, and was free from her life-parole conditions.

Just before the decision was released publicly, Maney sat down with Stuff and said there were a lot of mixed emotions in being acquitted.

“It’s a sense of relief … it’s a lot to process actually and get my head around it and get used to living without this conviction hanging over my head.

“We got the justice we deserved because none of this happened. It did not happen. And we are all innocent and that includes Stephen Stone who is still in prison.”

Maney said she was emotional and cried when she found out she’d been acquitted.

“It was almost unbelievable.”

Maney, who had been on life parole, said she will have to learn to live without a conviction hanging over her head.

“I don’t know what that looks like yet.”

“I don’t have to deal with community corrections or the fear of recall and that’s horrible as it turns your whole life upside down … it’s traumatic.”

Maney, who has five children, including twins who were born in prison, spoke about the huge impact this has had on their lives.

They lost their mother, home, security and trust, she said.

“My whole fight was for my children … I just wanted to be back with them.”

After the Court of Appeal reserved its decision, Maney said she had been anxious but felt a lot of support from friends, family and her legal team.

“I couldn’t have done it without them,’ she said.

“I’ve never wavered from the truth that we are innocent and this didn’t happen.”

Maney said she’s grateful for everyone who had believed her.

“I fought for years in prison and I never stopped fighting … it’s so hard when you’re in prison and your forced into silence.”

Maney said she got her voice out there when she met former Stuff journalist Amy Maas and Adam Dudding, who were the co-producer’s of podcast Gone Fishing.

She was then introduced Tim McKinnel, a private investigator and former police officer, and recalled the moment she dumped all the files on him.

“He was shocked,” Maney said.

Maney would like to see the police held to account, but is not angry or bitter.

McKinnel said Maney had been very patient over the years and today that patience had been rewarded.

He said these cases were incredibly complex and difficult but the errors were obvious from the outset.

He said it was an “outrage” Maney had remained a convicted murderer for quarter of century and the justice system needed to be much better at remedying miscarriages.

McKinnel said life for Maney would be different with no restrictions.

“At times she’s had to report who she’s seeing, where she lives, who she associates with … its an incredibly difficult regime to live in.”

McKinnel said he had some very serious concerns with how the prosecution and police investigation was conducted and there were serious unanswered questions.

“My personal view is there needs to be a criminal investigation.”

Maney’s legal team will be advising her now about lodging an application for compensation.

Stone remains in prison, and whether he is re-tried is now in the hands of Auckland’s Crown Solicitor, who will weigh whether there is sufficient evidence for him to face a jury again.

His lawyers have applied to the High Court for bail this afternoon.

After the decision, police Assistant Commissioner Paul Basham acknowledged the Court of Appeal’s ruling and said police would be commencing a review into the handling of the investigations.

“Police will now take some time to consider the Court’s judgment in full, and as part of this we will work alongside the Crown independently to preparations for re-trial.”

Read the full story by Mike White on The Post.