Gail Maney acquittal 'tip of the iceberg' of wrongful convictions - investigator

The private investigator who helped clear the name of a woman wrongfully convicted of murder says it was an "absolute absurdity" she was ever charged in the first place.

And Gail Maney - who spent 15 years in prison before being released on life parole for her alleged part in the death of West Auckland tyre-fitter Deane Fuller-Sandys in 1989 - said it was "a little bit bizarre" one of her co-accused had not yet also been cleared of wrongdoing.

The Court of Appeal on Wednesday ruled there was no evidence which implicated Maney in the murder, the subject of Stuff-RNZ podcast Gone Fishing.

The decision came in an email and, surrounded by her legal team, Maney scrolled straight to the verdict.

The police case was that in August 1989, Stephen Stone killed Fuller-Sandys in a garage in West Auckland, allegedly on Maney's orders, in front of several others. Stone then raped and murdered witness Leah Stephens a week later. Two others - Mark Henriksen and Gail's brother Colin Maney were convicted of lesser charges relating to the murder.

Henriksen and Colin Maney were acquitted of their lesser convictions of accessory to murder. Stone, still in prison, was granted a retrial.

Maney told RNZ's Morning Report on Thursday she was "a little bit confused" about why Stone had not also been acquitted.

"I haven't read the full decision to see what all the grounds are on that, but he should. He is just as innocent as I am. This did not happen, so I kind of find it a little bit bizarre that they have asked for a retrial.

"But I guess the lawyers are looking at all what's going on there and to see what that's about, because the whole case basically falls apart - [if] they acquit me, then there's no case against him either, so it doesn't make sense."

"Ordering a retrial does not, of course, require the Crown solicitor to commence a retrial," Justices Rebecca Ellis, Christine French and David Collins said in the judgement.

"It is, however, consistent with the constitutional role of the Crown solicitor for her to make the final decision on whether or not to try Mr Stone again."

Private investigator Tim McKinnel, who got involved in Maney's case following the Gone Fishing podcast, said it was a "complex case" but the accused all said the police's version of events did not happen - so it was "hopefully just a matter of time" before the case against Stone was dropped.

"But nevertheless, the Crown solicitor's office that has prosecuted two trials where miscarriages of justice have occurred is now back in charge of Stephen Stone's fate, and we've got some concerns. Well, I have some concerns about that.

"We have a private law firm that has prosecuted two miscarriages of justice in two separate trials, and now they get a third crack at it. In my view, it would be far better addressed by an independent group or law firm, rather than going back to the law firm that's already failed twice."

The judgement pointed out that Maney's case joined a list where a miscarriage of justice was caused by police failing to disclose relevant material.

Police failed to disclose a letter sent by the lead detective to the lawyer of one of the witnesses, which included a copy of an interview transcript from another witness. There was also an undisclosed witness protection file, which showed meetings between the detective and another witness.

Police assistant commissioner Paul Basham said in a statement police would review the handling of the investigations which lead to acquittals.

McKinnel, whose former clients include Teina Pora (who [https://www.rnz.co.nz/news/national/334361/teina-pora-massively-short-changed-by-compensation was awarded $3.5 million for 20 years' wrongful imprisonment) and Alan Hall ($5 million for 21 years) said it was "one of the worst cases I've ever seen".

"I think it was totally mishandled, and the criminal justice system has until now failed to uncover what went on. I think the case against all four of the appellants was an absolute absurdity."

He said an inquiry was needed, and could possibly result in criminal liability for those involved.

The compensation question

Maney, tired after a "rough night's sleep", told Morning Report the consequences of her acquittal were yet to fully sink in.

"I kind of probably would take some time and think about what that's gonna look like. I'm not going to rush into anything. I want to make the right decisions."

As for compensation, she said her children had already grown up without their mother there for a large part of their lives, and "no amount of money" could remedy that.

"I mean, I guess compensation will make life a little bit easier, but yeah, it's not everything."

For someone to be awarded compensation, they have to be found innocent on the balance of probabilities in a process undertaken by the minister of justice.

Her lawyer Julianne Kincaid says compensation is the next thing to consider.

"She is a mother, she has five children and she's been deprived of the opportunity for bringing up those children. And they have also got children of their own now, so the ripple effect of this miscarriage case is huge."

McKinnel said Many had a "clear cut" case for "potentially a large sum of money".

"There are some issues with the Cabinet guidelines and that they don't appear to address what Gail has lost in terms of her ability to be a mother to her five children, so there are a range of things we need to look at there beyond what the Cabinet guidelines for compensation set out."

McKinnel said New Zealand lagged behind other countries when it came to righting wrongful convictions, and the cases seen so far were "the tip of the iceberg".

"I think there are many more cases like this to come... For the most part, the criminal justice system does a reasonable job - but when it gets it wrong, it gets it catastrophically wrong, as it has in this case.

"There needs to be some reform and some introspection in terms of what has happened in these other cases, Gail's case and what it is we need to change so that we stop doing this and stop sending innocent people to prison.

"Undoubtedly there have been some process and system improvements. I think that is true. But as this case has demonstrated, there's still a real resistance to some of the issues around disclosure, incentivised witnesses, in-custody witnesses, the role confessions and false confessions might play.

"So all of these things are still live issues, and I think we're kidding ourselves if we think that this wouldn't happen again today."