Lawyers for the Crown have conceded all convictions against Gail Maney, Stephen Stone and two others related to two historical murder cases should be quashed.
Maney and co-defendant Stephen Stone were convicted for the murder of 21-year-old Auckland man Deane Fuller-Sandys in 1999 and during a retrial in 2000.
Stone was also convicted of raping and murdering Leah Stephens, who the Crown said witnessed the Fuller-Sandys killing.
The wait for justice isn’t over for Gail Maney, Stephen Stone and two others, Cushla Norman reports. (Source: 1News)
The Court of Appeal has been hearing an appeal by Maney, Stone, as well as Mark Henriksen and Colin Maney who were convicted of being accessories to the murder of Fuller-Sandys.
Last month, the Crown admitted a miscarriage of justice had occurred at trial as police had not disclosed two vital documents that affected the credibility of two key witnesses.
The pair were convicted of the murder of Deane Fuller-Sandys in 1999, and again in a retrial in 2000. (Source: 1News)
The three appeal judges were yet to make a ruling on the convictions. They may decide to acquit the appellants which was what their lawyers are pushing for.
The other option was to order a retrial, which was what the Crown was advocating for, but only against Stone.
Crown lawyer Mark Lillico said there was still a case against Stone and it should be put to the test that he committed the two murders.
The Crown argues it should be up to the Solicitor-General to decide if there would be a re-trial.
Lillico said the prosecution had not only “affected and blighted” the lives of Gail Maney, Stephen Stone and others, but also the Fuller-Sandys and Stephens families.
Stone remained in prison today, having served 26 years.
Gail Maney spent 15 years in jail.
Maney’s lawyer urges no re-trial
Her lawyer, Julie-Anne Kincade urged the court to make a decision today and not order a re-trial.
“This court is now well placed, well seized of all the information and it should not be right we are forced to pack our bags and go back to a different court and address different judges on the very same points this court has addressed over the last two days.”
The court has reserved its decision.
Justice Christine French said some aspects of the case were straightforward, but others were not.
She acknowledged the families involved and the appellants as they wait for an outcome.
“It is going to take some time, but rest assured we are going to get a decision out as soon as we possibly can.”
