Stephen Stone freed from prison after 26 years, in Gone Fishing case
Tuesday, 15 October 2024
Stephen Stone, the man at the centre of the Gone Fishing murder case, will taste freedom for the first time in 26 years, after he was granted bail this morning.
Stone was convicted of the 1989 murders of Deane Fuller-Sandys and Leah Stephens, and has spent nearly half his life in prison.
Earlier this month, the Court of Appeal quashed his convictions, but ordered he be retried, and he has remained in prison until today’s decision in Auckland’s High Court.
Justice Christine Gordon imposed a number of restrictions on Stone, including that he not contact any witnesses in the case, and not consume alcohol or drugs.
Auckland’s Crown Solicitor has yet to decide if Stone will be retried for the murders.
Stone and Gail Maney were found guilty of Fuller-Sandys’ murder, and Stone was also convicted of raping and murdering 20-year-old Stephens.
The police theory was that Fuller-Sandys stole marijuana and leather clothes from Maney’s Auckland flat, and she hired 19-year-old stripclub bouncer Stone to kill him.
Supposedly, Stone did this in Maney’s suburban garage, during daytime, witnessed by eight other people, with multiple shots fired.
Police linked Fuller-Sandys’ murder with the August 1989 disappearance of Stephens, saying she saw Fuller-Sandys being murdered, and Stone wanted to stop her talking, so he killed her also, at Maney’s Henderson flat.
Her body was found in a shallow grave in Muriwai in 1992.
In July, the Crown conceded a miscarriage of justice had occurred, based on the discovery that two crucial documents detailing police dealings with witnesses who were given immunity which had not been handed over to defence lawyers.
The documents suggested police coerced some of the four witnesses to alter their evidence to fit the police narrative ‒ as has always been alleged by Maney and Stone.
In October, the Court of Appeal acquitted Maney, accepting she had been the victim of a miscarriage of justice.
It also quashed the convictions of Stone for murdering Fuller-Sandys, and raping and murdering 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, who spent 16 years in prison, 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.”
Stone’s lawyer, Annabel Maxwell-Scott, this morning said she would have liked Stone to be freed much sooner, “but at least he’s finally out, so it’s a massive day for him and his family.”
She said the length of time it had taken to appeal the case, and for the Crown to concede a miscarriage of justice had occurred, made it feel like the process was endless.
“It feels surreal to me, so god knows what it feels like for Stephen.”
Investigator Tim McKinnel, who had been involved with Stone and Maney’s case for six years, said it was an enormous relief to finally get Stone freed.
Stone would be released from prison this afternoon, and be reunited with friends and family, including his children, “and getting to know them again”.
“But on days like this, you also reflect on what’s been taken from him for the last 26 years.
“The world has changed, the world has turned on its head since he was last in the community, and it’s a good day, but it’s going to be difficult reintegrating into society.”
McKinnel said he had been in touch with some of Stone’s children, and they would be thrilled their father was being released.
“They couldn’t understand how he was still in prison, given everything we’ve learnt.”
He said the battle wasn’t over for Stone, however, as the Crown solicitor weighs whether to put him in front of a jury again.
“Yes, he’s out of prison, but he’s not yet cleared his name, so there’s a bit to do in that regard.”
In a statement to The Post in September, Stone said he was struggling to cope with being kept in prison, given the Crown had acknowledged he was wrongfully convicted.
“I've done 26 years for two murders that had nothing to do with me. The case against me was a fabrication, a total stitch up, and I thought that was made clear in court in August. I heard the Crown agree that I had been wrongfully convicted of two murders. It was incredible to hear that.
“The night I heard that, I packed my bags, gave away my stuff to other prisoners. I told people I love that I am coming home. My sick father, family and friends ‒ after 26 years I was sure I was going home. How could I not be?
“But I should have known, I cannot trust this system,” he said.
“But at a human level I don’t understand how the Crown can say I was wrongfully convicted of two murders, but here I stay, in the dark. I haven’t been told why I haven’t been given bail, I’ve had no explanation or reasons given.
“I don't know what to say to people about why I’m still in prison, so I have cut people who love me out of my life, then I don't have to talk to them and be asked questions I can’t answer.”
During his time in prison, Stone has done numerous courses, and found solace in carving, which has helped him stay sane, and kept his mind busy, he said.
“But I can't do much of that now as I wait and wait for this to end.
“The justice system has been cruel to me over the years, but this is the worst. How long do I have to wait, without any answers?”
This morning, those answers finally came.