The face of a ruthless killer

By Tony Wall and Tony Stickley

Two men closely connected with the abduction, rape and murder of Leah Stephens have cut a rare deal with police to walk free.

In return, the men have helped to send double-murderer Stephen Stone to prison for life.

Under the contract, a copy of which was obtained by the Weekend Herald, the secret witnesses have been given the highest level of immunity, which allows principal offenders to escape punishment.

Prominent lawyers are calling for a review of immunity contracts after the men, who also fired shots into the body of murder victim Deane Fuller-Sandys, walked free.

The two men were more heavily involved in the murders than two of the accused - Colin Maney and Mark Henrikson - who were found guilty of accessory charges yesterday.

It is one of the few occasions in New Zealand legal history where people who could be tried as principal offenders have walked in exchange for evidence.

Legal sources say police and the Crown wanted the head of Stone - described as a cold-blooded killer - and would not have been able to secure convictions without the men's evidence.

"Sometimes you have to get into bed with the devil to get a result," a police officer connected with the case said yesterday.

The immunity documents, signed by Solicitor-General John McGrath, QC, prevent any prosecution being taken against the men for any offence relating to the Fuller-Sandys and Leah Stephens cases.

The Crown Law Office refused to comment yesterday.

A senior lecturer in criminal procedure at Auckland University, Dr Scott Optican, said the deal was unusual. "Full-blown transactional immunity - which is a complete walk on the charges no matter what the level of involvement - is extremely rare."

Wayne Fuller-Sandys, Deane's brother, said the men had blood on their hands.

"Realistically they should go down as well, but if you don't have anyone to give evidence there is no way the story is going to come out."

One of the witnesses now lives in Australia and the other has been placed in the police witness protection programme.

Both fired shots into Deane Fuller-Sandys and helped to dig his grave. They were in the car when Leah Stephens was abducted and one held her down while Stone raped her. Both disposed of her body.

There were discrepancies in the stories the men told the police and the jury.

Defence lawyers spoken to yesterday were concerned that immunity offered an incentive for a principal offender to lie.