Gail Maney case: ‘Police must be held accountable’
Thursday, 3 October 2024
In the hours after Gail Maney learnt her murder conviction had been quashed, a thousand thoughts rushed through her mind.
How it had taken 25 years to prove her innocence. How so many people had helped her. How her life had been devastated, along with those of her five children.
And how she wanted those responsible for what happened to her, held to account.
On Wednesday, the Court of Appeal acquitted Maney of murdering Deane Fuller-Sandys in 1989 in what has become known as the Gone Fishing case.
It also quashed the convictions of three others police alleged were involved in the killing, and the rape and murder of Leah Stephens, five days after Fuller-Sandys disappeared.
Maney spent 16 years in prison. Her co-accused, Stephen Stone, remains in jail after 26 years, with the court yesterday ordering he be retried.
After all this time, however, Maney still can’t understand how she and Stone were found guilty on such unreliable evidence. Or how the justice system fought for quarter of a century to uphold their controversial convictions.
“In all the letters I wrote to ministers and people throughout my sentence, I always used to put, ‘This is so bizarre that it’s incomprehensible’ - and that’s an understatement.
“I’ve never wavered from the truth that we’re innocent, and this didn’t happen. It was unbelievable.”
Now, she wants those who put her behind bars put on the stand themselves.
“I think it’s terrible what they did.”
It was only after it was revealed police had withheld two crucial documents from Maney and Stone’s lawyers at their trials that the Crown accepted a miscarriage of justice had occurred.
The investigation that resulted in Maney and Stone being convicted was led by Detective Senior Sergeant Mark Franklin.
In its judgment, the Court of Appeal questioned Franklin’s role.
“Although we harbour deep misgivings about Detective Franklin’s conduct, ultimately it may only be possible for a jury to decide whether or not he was telling the truth in the 1999 trial and the 2005 appeal.”
It said failure to disclose vital files was “a serious failure on the part of the police”.
Moreover, the court raised concerns about how two crucial police witnesses were given immunity.
“We are now, however, far from certain that the Solicitor-General was properly appraised of all relevant matters when granting immunities from prosecution.”
Investigator Tim McKinnel said he spent six years poring over evidence from Maney’s case.
“And, frankly, it’s been disturbing to see how some police officers conducted themselves.
“My view is that the police should be launching an investigation into how this case was prosecuted - I think they need to do that immediately.”
On Wednesday afternoon, police assistant commissioner Paul Basham confirmed they were beginning a review of how the investigations of Fuller-Sandys and Stephens’ deaths had been handled.
The case has also been referred to the Independent Police Conduct Authority.
McKinnel, a former detective, said the case was undoubtedly one of the worst miscarriages of justice he’d ever seen.
The fact three people had collectively spent 45 years in prison for convictions the court had now quashed, showed “it doesn’t get much worse than this”.
“I think it’s time the justice system steps back and has a very hard look at itself.
“And I think there’s some very hard questions about how this miscarriage of justice was able to endure for so long, and the system was able to defend and rebut attempts to right a terrible, terrible wrong.
“It’s simply inexcusable that the system has delayed justice for these people this long.”
McKinnel confirmed Maney, along with her brother, Colin, and Mark Henriksen who were convicted of being accessories after the murder, would seek compensation for what happened to them.
“Because they’ve always said they are innocent, and the Crown case was a complete and utter fabrication.”
Nick Chisnall, KC, one of the lawyers for Colin Maney and Henriksen, said the case exposed how difficult it was for people to prove their innocence once convicted, and the active barriers the Crown and police put up when victims tried to expose a miscarriage of justice.
“There’s a trend developing where the Crown makes a concession on the doorstep of the court, decades later, after incremental disclosure.
“It sits on its hands unless it’s forced to respond to information that’s eventually disclosed, instead of being the one that proactively discloses it.
“And it begs the question, well, if the Crown doesn’t proactively look for and provide the information, then are more miscarriages of justice being missed?”
Chisnall, who also represented Alan Hall, the victim of another longstanding wrongful conviction, said the problems exhibited in this case reinforced the importance of having a Criminal Cases Review Commission that could compel police to disclose files and information, in cases where a miscarriage of justice was suspected.
Former detective Mark Franklin was approached for comment, but has previously defended his actions in the case.