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Deaths of Deane Fuller-Sandys and Leah Stephens

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Deane Fuller-Sandys and Leah Stephens disappeared in Auckland, New Zealand, five days apart in August 1989. Stephens' remains were discovered in a forest three years later. Fuller-Sandys' body has never been found. In 1999, Gail Denise Maney and Stephen Ralph Stone were convicted of Fuller-Sandys' murder, Stone was convicted of Stephens' murder, and two other men were convicted of being accessories to murder. The convictions of all four were overturned in October 2024 due to a miscarriage of justice. Maney spent a total of 16 years in prison; Stone spent 26 years behind bars and was released on bail a few days after the convictions were overturned.[1]

The case was controversial because eight years elapsed after Fuller-Sandys and Stephens died before the police decided to investigate possible links between the two deaths; because convictions were secured without forensic evidence, and legal immunity was granted to four alleged witnesses[2][3] – two of whom later recanted their original trial testimony,[4] saying they were coerced by police into making false statements.[5] The lead detective, Mark Franklin, was subsequently accused of manipulating these 'witnesses' and lying to the court.[5]

After she was released from prison on parole, Maney continued to state she was innocent and that she never met Fuller-Sandys.[2] In 2020, Stephen Stone also appealed his convictions.[6] Private investigator Tim McKinnel said the case could be "the greatest miscarriage of justice ever seen in New Zealand".[7] In July 2024, the Crown prosecutor conceded that a miscarriage had occurred,[8] and in October 2024, the Court of Appeal quashed the convictions of all four defendants, and ordered a retrial for Stone.[9][10]

Disappearances

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On 21 August 1989, Deane Wade Fuller-Sandys, a 21-year-old Auckland tyre-fitter, left home to go fishing. He never returned. His body was never found and authorities initially believed he probably drowned after being swept out to sea at West Auckland's Whatipu Beach, where his car was discovered shortly afterwards.[11] An old friend of Fuller-Sandys later told police that he may have committed suicide, as he had just broken up with his girlfriend.[7]

Five days later, on 26 August 1989, Leah Romany Stephens, a 20-year old Auckland sex worker, disappeared.[12] Her skeletal remains were discovered in a forest near the Muriwai Golf Course three years later, in June 1992.[13] There were no obvious injuries to the skeleton and the cause of death could not be determined.[14]

Police investigation

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After Stephens' skeleton was found, police launched a murder investigation, but it did not lead to an arrest at the time.[14] Eight years after the disappearances, a person being interviewed by detective Mark Franklin linked the deaths of Fuller-Sandys and Stephens after previously denying there was any connection.[2][15] Police also received new information about a burglary that had allegedly occurred at Gail Maney's rental home at 22 Larnoch Road in the Auckland suburb of Henderson, two weeks before Fuller-Sandys disappeared.[16] The police investigation was led by detective Mark Franklin who had a history of cannabis use,[17] and was the officer responsible for linking the two murders.[7]

Based on information provided by the neighbour who said she had witnessed the burglary, the police stated that Fuller-Sandys had previously sold drugs to Maney; that he then returned and stole them back off her; that Maney believed the burglary was committed by Fuller-Sandys – although she consistently denied ever meeting him; and that she then persuaded Stone, who was a gang member, to kill him at Maney's rental home.[16][18][19] In 2024, Julie-Anne Kincade KC, acting for Gail Maney, described evidence from the people whose initial contacts with police sparked the entire investigation as the "rumour and gossip witnesses."[20]

After a two-year investigation, Gail Maney (born c. 1967), a former sex worker who denied ever meeting Fuller-Sandys, was charged with commissioning Stephen Stone (born 1969),[21] a gang member, to kill him over what the police portrayed as a drug-related dispute.[2] Stone was charged with murdering Leah Stephens also, an act that the prosecution argued was to ensure her silence after she allegedly witnessed Stone shooting Fuller-Sandys. The prosecution relied heavily on four people who testified they had witnessed one or both killings.

Inconsistencies in witness statements

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During the investigation, a former female friend of Maney's made eight different statements to the police, without initially mentioning the alleged conversation in which Maney asked Stone to kill Fuller-Sandys. In court, she admitted that she had told many lies when first interviewed by the police.[22] She also stated she witnessed his murder, but subsequently recanted this portion of her testimony.[23]

One of Maney's lawyers subsequently said there were at least nine instances where police mentioned Fuller-Sandys' name to a witness or suspect before the witness mentioned it.[8]

Based on the testimony of two males and two females who police claimed were witnesses, and who were granted immunity from prosecution, the police alleged that Fuller-Sandys was enticed to come to Larnoch Road on 21 August 1989 on his way to go fishing; and that when he arrived, he was attacked by Stone, who then shot him in front of Maney and seven other witnesses, among whom was Leah Stephens.[22]

The alleged witnesses subsequently testified that Stone passed the gun to each of four males, including Maney's younger brother Colin Neil Maney (born c. 1971) and a mutual acquaintance, Mark William Henriksen (born c. 1967),[24] and directed them to fire bullets into the body to make them complicit in the murder. The two males who were granted name suppression stated they disposed of Fuller-Sandys' body in Woodhill Forest, although his remains have never been found.[10] His vehicle was supposedly left at Whatipu Beach to make it appear he had drowned there.[25]

The alleged witnesses also stated that five days later, Stone, believing that Leah Stephens was likely to inform police of the murder of Fuller-Sandys, raped and then murdered her with a knife at the house in Larnoch Road.[14][18] During the investigation, the two men who were granted immunity gave police three different accounts of where Stephens was murdered: a car park in Queen Street, Buchanan Street in the suburb of Kingsland, and finally Maney's home in Larnoch Road.[7]

The investigation took two years, after which Maney and Stone were arrested and charged with the murder of Fuller-Sandys. Stone was also charged with the rape and murder of Stephens.[13] Colin Maney and Mark Henriksen were charged with being accessories to the murder of Fuller-Sandys.[26]

First trial

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The trial was held in March 1999 at the Auckland High Court. All four accused pleaded not guilty.[11] The Crown prosecutor was unable to produce any forensic evidence such as DNA, blood-matches or weapons, and Fuller-Sandys' body had not been found.[27]

The prosecution case relied heavily on the testimony of the four alleged eyewitnesses: two men and two women who were interviewed eight or more years after Fuller-Sandys and Stephens disappeared.[27] They were all granted name suppression and immunity from prosecution in exchange for their testimony.[3] One of them was given $30,000 and a new identity.[15] Based on their testimony, the Crown argued that Stone shot Fuller-Sandys with a handgun in a small garage, with the door open and eight other people present, and then passed the gun to four other men to fire shots into the body, so they would be implicated as well.[7] The two key males who said they had participated in the shooting of Fuller-Sandys also testified they had buried his body in Woodhill Forest, and subsequently disposed of Stephens' body at Muriwai.[18]

During the trial, Detective Senior Sergeant Mark Franklin was strongly challenged by defence lawyers over whether he had bullied these alleged witnesses, or pressured them to change their stories to match a predetermined police narrative, but he denied doing so.[2] At the Court of Appeal hearing in 2024, a document came to light which showed that he had sent a fax to Barry Hart, the lawyer for one of the so-called witnesses, containing the full statement of the other alleged witness (whose name is suppressed). Soon after the fax was sent, Hart's alleged witness "made drastic changes to his own statement", so that it described the same version of events as the other alleged witness. The fact that this document was not disclosed to the defence at the original trial, or the subsequent hearings in 2000, 2005 and 2007 contributed to the convictions of all four defendants being overturned in 2024.[20]

The jury was unaware of these documents as they had not been disclosed prior to, or at the trial; they were also unaware of the eventual collaboration of differing statements by the other so-called key witnesses. After two days' deliberation, the jury found Stone and Gail Maney guilty of the murder of Fuller-Sandys. Stone was also found guilty of the rape and murder of Stephens. Both were sentenced to life imprisonment.[28] Stone also received a 10-year concurrent sentence for raping Stephens. Colin Maney and Mark Henriksen were convicted of being accessories to the murder of Fuller-Sandys by helping to dispose of his body. Henriksen was sentenced to three years' imprisonment, while Colin Maney (the youngest of the accused) received a two-year suspended sentence.[13][29]

Subsequent events

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Appeals and retrial

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All four appealed their convictions, but Stone and Colin Maney were unsuccessful. Gail Maney and Henriksen gained a retrial[30] on the grounds that the original trial judge had not adequately summed up the case for their defence to the jury.[31] Both were found guilty again at their retrial in June 2000.[32] During the retrial, one of the alleged witnesses with name suppression was asked by a defence lawyer whether he had ever asked for $30,000 to come back from overseas to give evidence. The man replied "Yes... to cover my costs, losing work."[7]

In 2005 and 2007, Gail Maney filed further appeals (to the Court of Appeal and the Supreme Court, respectively) after one of the key females recanted her original trial testimony implicating Maney. At this time, the judges were unaware that key documents had not been disclosed to the defence, which proved that police had amalgamated differing witness statements into one incriminating narrative – and both appeals were dismissed.[33][34][35]

In June 2018, Radio New Zealand and Stuff released Gone Fishing, a documentary podcast about the case.[36] People interviewed included Gail Maney, some of the so-called witnesses, and former detective Mark Franklin.[37] Maney said the documentary gave her story more media attention.[9] It led to the involvement of private investigator Tim McKinnel, who had worked to overturn the wrongful conviction of Teina Pora,[38] and then three prominent lawyers, Julie-Anne Kincade, Nicholas Chisnall, and Aieyah Shendi, agreed to represent Maney as she continued trying to clear her name.[27]

In December 2023, a recall application was filed on Maney's behalf asking the court to retract their 2005 decision dismissing her original appeal against her murder conviction. In addition to two key people recanting, McKinnel said one of the most concerning aspects of the appeal in 2005 was that "the trial judge from her 1999 trial, who was criticised in her 1999 appeal appeared on the appeal bench in 2005."[39]

Parole

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Maney was released on parole in 2010, but recalled to prison two years later. She was re-released in 2016, and recalled for a short period the following year. The Department of Corrections alleged she breached a condition not to possess or consume alcohol or illicit drugs.[40][34] She served a total of 16 years in prison.[41][42]

Stone admitted killing Fuller-Sandys, in a restorative justice meeting with Fuller-Sandys' family in 2010,[31] but later reverted to his claims of innocence, telling the facilitator that he had "confessed" only because it would improve his chance of getting parole.[43] He was declined parole in December 2017.[44] In August 2020, he filed an appeal against his convictions.[6]

Court of Appeal 2024

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In February 2024, the Court of Appeal agreed to hear the case for a third time.[45] Then in July 2024, the Crown agreed that the convictions constituted a miscarriage of justice because two crucial documents, which should have been provided to the defence team at the trials in 1999 and 2000, were not turned over.

One of the documents was a fax that Franklin sent to Barry Hart, the lawyer for one of the key people involved. It contained the full statement of the other key person (whose name is suppressed). Soon after the fax was sent, Hart's client "made drastic changes to his own statement", so that it described the same version of events as the other person. Stone's lawyers said the fax was a "smoking gun" because it showed how two so-called witnesses ended up with near-identical accounts of the murders when their previous statements had been wildly divergent. His lawyers also said it implied that Franklin lied in court when he denied the two men had seen each other's statements.[20]

The other document was a job sheet which showed that Franklin was also having secret meetings with another key person (whose name is also suppressed) but that Franklin had not logged those meetings appropriately.[20] These documents were withheld from the defence team by the Crown at the trials in 1999 and 2000 and were only disclosed in May 2024.

At the start of the hearing in August 2024, Stone's lawyer Paul Wicks KC, said "any retrial would be 36 years after the murders, two of the four so-called witnesses in the case had now recanted their original statements to the police and the evidence of the two remaining individuals was both contaminated and unreliable." One of Maney's lawyers, Jack Oliver-Hood pointed out at least nine instances where police informed a so-called witness that it was Fuller-Sandys who had been murdered, before the individual ever mentioned his name.[8]

Counsel Annabel Maxwell Scott said the police had ignored the usual rules of evidence: they included unrecorded statements; they failed to disclose key documents; they took multiple statements from people over a period of many hours; and then shared their statements. She said: "What's occurred is a labyrinth of lies"[8] and "These accounts are fantastical and make no sense, are tainted, are unreliable, inconsistent, and lack any sort of sensible analysis."[20]

The lawyers for Stone and Maney argued a new trial was not feasible because the police had "bullied" people into what to say, and failed to disclose documents describing their procedures, leading to a miscarriage of justice. The Crown conceded it had no case against Maney for the alleged murder of Fuller-Sandys, as the only person who implicated her at the original trial had subsequently disavowed the statements she made to the police and died in 2023.[46] The Crown agreed the convictions of all four defendants should be quashed; however, it desired a retrial for Stone.[47]

In October 2024 the Court of Appeal released its decision, overturning the convictions of all four defendants and ordering a retrial for Stone.[9][10] The Auckland Crown Solicitor will determine whether there is sufficient evidence for Stone to face a jury again; this decision is scheduled to be announced in December 2024.[48] Maney would like to see the police held to account for all the mistakes they made.[9]

Controversies surrounding the case

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Lack of forensic evidence

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Fuller-Sandys' body has never been found, and according to McKinnel, "There is not a scrap of physical evidence to support the contention that Fuller-Sandys was murdered ...".[49] The prosecution was unable to present any forensic evidence, such as DNA, blood-matches or weapons.[27] Detective Mark Franklin, said "This was a case where there's no forensics; we didn't have scenes, we didn't have bodies, and [for] the evidence we relied totally on criminal associates who were involved in the crimes."[2]

Participants granted immunity

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Two men who admitted to have participated in the murders were granted immunity and given name suppression. In the podcast Gone Fishing, they were referred to by the pseudonyms "Neil" and "Martin".[36] Martin was also given $30,000 and a new identity under the witness protection scheme.[15] At the trial, the two men testified they were among the people in the garage in Larnoch Road when Fuller-Sandys was shot. They said they helped bury Fuller-Sandys' body in dense bush somewhere in West Auckland, and that they were present when Leah Stephens was raped and murdered.

Doubts about the reliability of their evidence were raised because both men provided conflicting versions of events; they gave the police different locations for the murder of Leah Stephens, and only reached agreement after police showed them parts of each other's video interviews and statements. "Martin" initially denied knowledge of two murders. However, at one point during the investigation, he spent half an hour alone with Franklin and immediately revised his statements to say he remembered both killings – which helped the police tie the two cases together. Speaking to Stuff for the podcast Gone Fishing in 2018, Martin attributed this to recovered memory syndrome.[15][7]

Tim McKinnel wondered whether the Solicitor General was aware that Neil and Martin had given between 15 and 20 different versions of events before granting them immunity for rape and murder. Law professor Kris Gledhill said that Neil and Martin appeared to have "participated in more criminality than was alleged against [Gail] Maney" and questioned whether immunity should be granted to those who could be a greater risk to public safety than the person they are giving evidence against.[7]

Recantations of two alleged witnesses

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Two women who testified that they were present when Fuller-Sandys was killed later retracted their statements. In February 2005 at a Court of Appeal hearing, Tania Wilson said she gave false evidence at Maney's two trials, which implicated Maney in the killing of Fuller-Sandys. She said the police put her under pressure to testify against Maney.[33] The court decided she was unreliable, believing she may have colluded with Maney and 'cooked up' this story while they were in prison together in 2000. The Crown produced an affidavit from a police Inspector, Bill Searle, who said that a Corrections Officer, Dave Kupenga, had called him, warning that the two women were in adjacent cells in Mt Eden Women's Prison.[50][51]

Kupenga subsequently told RNZ "I never did anything of the sort," suggesting someone had either impersonated him or used his name to provide false evidence. Prison documents obtained by RNZ also revealed Maney was "in an entirely different part of the prison" to Wilson and the two would have had "no opportunity to have any interaction".[50] The Court was unaware of this at the time and dismissed Maney's appeal.[13] Wilson died in late 2023.[20][52]

In July 2019, a second woman, who has name suppression and gave evidence in the trial that convicted Gail Maney, said she lied that she was present at the shooting of Fuller-Sandys after being "threatened and harassed" by police. She said police did not interview her until 1997, eight years after Fuller-Sandys went missing, and that police pressured her by coming to her house in "marked and unmarked cars, sometimes in large numbers... They would search my house, [and] told me that they were going to make my life a misery if I didn't start playing ball, which meant admitting to my so-called role in his murder." She said she gave a false statement after police threatened to take away her young child but added: "My view was that he wasn't murdered and he was washed off the rocks fishing."[4]

The second woman's story has been corroborated by Andrew Thompson, a former Henderson Police officer, who picked up the woman after she was interviewed by detectives investigating the death of Deane Fuller-Sandys and drove her to the airport. Thompson said she told him during the drive that she and the other woman had lied to detectives about being present when the alleged murder took place. Tim McKinnel told The New Zealand Herald he believed Thompson's account because it was consistent with other information he has.[53]

Franklin's cannabis use

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Mark Franklin, the detective who led the police investigation, regularly used cannabis illegally to cope with the stress of his job. He said that he only smoked it in his own time and never at work.[17] He rejected suggestions that it adversely affected how he conducted the investigation.[2]

References

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  1. ^ Williams, Caroline (15 October 2024). "Gone Fishing case: Stephen Stone granted bail after murder convictions quashed". Stuff.
  2. ^ a b c d e f g Maas, Amy; Dudding, Adam (29 June 2018). "Gone Fishing: the curious case of homicide cop Mark Franklin". Stuff.
  3. ^ a b Stickley, Tony; Wall, Tony (30 June 2000). "The face of a ruthless killer". The New Zealand Herald.
  4. ^ a b Maas, Amy; Dudding, Adam (1 July 2019). "Gone Fishing: Second witness admits 'lying' in Gail Maney's trial". Stuff.
  5. ^ a b White, Mike (13 August 2024). "Top cop accused of lying, manipulating witnesses in controversial murder case". The Post. Archived from the original on 7 October 2024.
  6. ^ a b Espiner, Guyon (19 August 2020). "Stephen Stone appeals murder convictions 30 years after deaths". RNZ.
  7. ^ a b c d e f g h Espiner, Guyon (11 November 2020). "Getting away with murder: Freedom deal for men in Stone-Maney case". NZ Herald.
  8. ^ a b c d Hutton, Catherine (13 August 2024). "Dean Fuller-Sandys & Leah Stephens murders: Court of Appeal hearing under way for convicted killers". NZ Herald.
  9. ^ a b c d White, Mike; Owen, Catrin (2 October 2024). "Gail Maney acquitted in Gone Fishing case". Stuff.
  10. ^ a b c Hutton, Catherine (2 October 2024). "Court quashes convictions of Gail Maney and others in Deane Fuller-Sandys case". NZ Herald.
  11. ^ a b Larkin, Naomi (30 June 2000). "Quest for justice on windswept beach". The New Zealand Herald.
  12. ^ "Prostitute missing". The Press. 23 September 1989. p. 10 – via PapersPast.
  13. ^ a b c d "The H Files: Burglary in Henderson, West Auckland that triggered a 'sordid and murderous' plan". New Zealand Herald. 24 June 2018.
  14. ^ a b c Williams, Tony (2000). A Case of Murder: Bizarre and Unsolved Murders in New Zealand. Auckland, N.Z.: Hodder Moa Beckett. pp. 200–208. ISBN 9781869588083.
  15. ^ a b c d Maas, Amy; Dudding, Adam (26 June 2018). "Gone Fishing: Witness says he used a hypnotist to try to find victim's body". Stuff.
  16. ^ a b Maas, Amy; Dudding, Adam (25 June 2018). "Gone Fishing: What did the key witness really see?". Stuff.
  17. ^ a b Wall, Tony (22 September 2013). "Cop used dope for stress". Stuff. Archived from the original on 28 January 2020.
  18. ^ a b c "Brother's 'words' create drama at murder trial". The New Zealand Herald. 30 June 2000.
  19. ^ "Family plead for slain man's body". The New Zealand Herald. 29 June 2000.
  20. ^ a b c d e f Dudding, Adam (17 August 2024). "Gail Maney case: The six stunning hours of an appeal that revealed 'no remaining evidence' against convicted murderer". RNZ.
  21. ^ Larkin, Naomi; Wall, Tony (29 March 1999). "A killer who liked to get his own way". Dominion. Wellington – via ProQuest. (subscription required)
  22. ^ a b "Accused ordered 'hit' witness tells court". The New Zealand Herald. 30 June 2000.
  23. ^ Stickley, Tony (22 February 2005). "Witness says she lied at murder hit trials". NZ Herald.
  24. ^ "Witness paid to lie, claims co-accused". The New Zealand Herald. 30 June 2000.
  25. ^ "'Hit' accused faces retrial". The New Zealand Herald. 30 June 2000.
  26. ^ "Witness recalls victim's final night". The New Zealand Herald. 30 June 2000.
  27. ^ a b c d Maas, Amy; Dudding, Adam (12 August 2018). "Gone Fishing: Top lawyers to represent Gail Maney". RNZ.
  28. ^ "Loved ones want return of Uncle Deane's body". The New Zealand Herald. 27 March 1999.
  29. ^ "Killer won't help family find body". The New Zealand Herald. 31 July 2010.
  30. ^ White, Mike (11 July 2024). "Crown accepts miscarriage of justice in controversial 'Gone Fishing' case". The Post. Archived from the original on 7 October 2024.
  31. ^ a b Reid, Neil (1 August 2010). "Stone-cold hitman". Stuff.
  32. ^ "Second guilty verdict, life sentence for Maney". The New Zealand Herald. 30 June 2000.
  33. ^ a b Stickley, Tony (22 February 2005). "Witness says she lied at murder hit trials". The New Zealand Herald.
  34. ^ a b Akoorie, Natalie (5 June 2017). "Woman who ordered killing of Deane Fuller-Sandys back in jail". The New Zealand Herald.
  35. ^ "Gail Denise Maney v The Queen – SC 2/2007". Courts of New Zealand. Supreme Court of New Zealand. 1 May 2007. Retrieved 4 October 2024.
  36. ^ a b "Gone Fishing". Stuff. 2018.
  37. ^ Simpson, Emily (24 June 2018). "Gone Fishing: A story of murder and mystery in Auckland's wildest west". Stuff.
  38. ^ Maas, Amy; Dudding, Adam (27 June 2018). "Private investigator to look at the case of Gail Maney". Stuff.
  39. ^ Gail Maney murder conviction appeal filed to court, RNZ, 24 December 2023.
  40. ^ Gay, Edward (23 April 2020). "Convicted murderer Gail Maney wins parole". Stuff.
  41. ^ White, Mike (2 October 2024). "Gail Maney finally acquitted in Gone Fishing case". The Post.
  42. ^ Green, Kate (14 August 2024). "Gail Maney murder appeal: Lawyers on both sides agree all convictions should be quashed". RNZ.
  43. ^ Maas, Amy; Dudding, Adam (28 June 2018). "Convicted killer Stephen Stone protests his innocence". Stuff.
  44. ^ "Double murderer Stephen Stone declined parole after denying offending, positive drug test". Stuff. 22 January 2018.
  45. ^ Williams, Caroline (10 February 2024). "'Gone Fishing' killings: Gail Maney granted third appeal against murder conviction". Stuff.
  46. ^ Hutton, Catherine (14 August 2024). "Crown admits it has no case against convicted murderer Gail Maney". NZ Herald.
  47. ^ Frykberg, Laura (14 August 2024). "Gone Fishing' killings: Court of Appeal reserves decision after hearing into historical murder cases". Stuff.
  48. ^ Owen, Catrin (16 October 2024). "Stephen Stone will find out in December whether he'll be retried over the killing of Deane Fuller-Sandys". Stuff.
  49. ^ Monk, Felicity (18 December 2018). "Gone Fishing: Gail Maney case 'could be bigger' than Teina Pora's, says investigator Tim McKinnel". Stuff.
  50. ^ a b Espiner, Guyon (7 October 2020). "Gail Maney case: Prison guard says he was impersonated for 'false evidence'". RNZ.
  51. ^ Court of Appeal of New Zealand. MANEY v R [2005] NZCA 203 (11 August 2005), para 36.
  52. ^ Dudding, Adam (24 December 2023). "Gail Maney: 'All those years in prison I fought for my innocence. Now I'm handing it all over'". The Post.
  53. ^ Akoorie, Natalie (7 July 2019). "Ex police officer backs up fresh claims by witness they lied in Gail Maney's trial". NZ Herald.
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