Philip Polkinghorne murder trial: Judge sends jury home before they begin deliberating verdict tomorrow
WARNING: DISTRESSING CONTENT
After three additional hours of defence closing addresses this morning, both sides have shared their last words and jurors are almost ready to begin deliberating in the murder trial of Dr Philip Polkinghorne.
The last step, Justice Graham Lang’s summing up, will begin after the lunch break.
“It makes no sense because there’s nothing there to support it,” defence lawyer Ron Mansfield KC told jurors of the Crown’s case against his client. “It’s a nonsense, and one of the most gravest nonsenses our courts have heard for a long time, frankly.”
Polkinghorne, 71, has been on trial since July in the High Court at Auckland, accused by prosecutors of having fatally strangled his wife Pauline Hanna, 63, inside their Remuera home before staging the scene on the morning of April 5, 2021, to look like a suicide by hanging.
During the Crown’s day-long closing address earlier this week, Polkinghorne was described as a highly intelligent and arrogant “master manipulator” who also had a concerning methamphetamine habit and a yearning to end his 24-year marriage and start a new life with Sydney escort Madison Ashton. The Crown repeatedly said that suicide “makes no sense” and gave two alternative theories: either Polkinghorne got in an impromptu argument with his wife and lashed out at her or surprised her as she slept in a pre-meditated killing.
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Deliberations to begin tomorrow
Helen Van Berkel
Justice Graham Lang has finished summarising both sides of the case and the jury will now begin deliberations tomorrow.
Helen Van Berkel
Mansfield argued it was not a "realistic prospect" that Polkinghorne had been able to kill his wife without leaving trace evidence you would expect, like scuff marks or blood on the wall, Justice Lang says.
If he were a master manipulator, Justice Lang says the defence alleged, he would have been doing a very poor job.
Mansfield said it was not surprising Polkinghorne deleted his messages as he would not have wanted anyone to see his communications with Madison Ashton and others.
The defence also submitted Polkinghorne had looked up "leg edema following strangulation" as he found Hanna's legs in a funny position, Justice Lang says.
And Polkinghorne's holiday with Ashton after Hanna's death occurred because many of his friends had withdrawn from him after the case hit the media and she was one person who stayed in contact with him, the judge says.
Helen Van Berkel
Justice Graham Lang points out that defence lawyer Ron Mansfield also said the jury cannot underestimate the extent other factors were having on Hanna and the incredibly long hours she was working.
At times it appeared she was sending emails "all night" then going to work "all day", Justice Lang says the defence suggested.
Adding to this, Hanna was taking a complicated variety of pharmaceutical drugs, according to the defence. She was on the anti-depressant Prozac, the weight loss pill Duromine, zopiclone for sleep and she was drinking alcohol.
Mansfield told the court Hanna was obviously struggling and had written several emails to herself which show an insight into how she was actually feeling, Justice Lang says.
He says Mansfield also told the court Hanna was at high risk of suicide.
The defence case, according to Justice Lang
Helen Van Berkel
Justice Lang says Mansfield emphasised that the jury can't read much into Polkinghorne's dalliances with sex workers, and she had previously participated herself.
Hanna stated in a recording that sex worker Madison Ashton liked her more than she liked Polkinghorne.
Yes, it is clear Polkinghorne consumed meth but, Justice Lang says, Mansfield questioned what it had to do with the case.
Mansfield had argued there was no evidence he used the drug in a way that his behaviour changed to be aggressive or violent.
Justice Lang reminds the jury of the defence's evidence that a lot was going on at Auckland Eye at the time, including two shareholders departing and Polkinghorne's impending retirement.
According to the defence, Justice Lang says, his snappiness was not surprising.
Justice Lang says the defence argued Hanna seems to have largely supported Polkinghorne in the issues he was facing at Auckland Eye and that she was worried about the effect it was having on him.
Judge to sum up defence case
Helen Van Berkel
Justice Graham Lang now moves on to the defence submissions.
The central theme of Mansfield's defence case was that the police did not have an open mind from an early stage.
Justice Lang references Mansfield's submission that the evidence does not support homicidal strangulation and that Hanna tragically took her own life.
Dr Stephen Cordner's evidence to the jury was that in this case, there was none of the injuries normally associated with homicidal strangulation.
Justice Lang recalls Cordner told the jury that they would normally expect to find significant injuries in the areas where pressure was applied on the neck. There might be abrasions, internal bruising, bruising to the strap muscles and fat in the neck, according to the doctor, Justice Lang says.
None of these injuries were there, which was a "highly unusual" phenomenon in Cordon's opinion.
The doctor said normally there would also be resistance injuries on the victim and the assailant. Trace evidence would normally be found under fingernails and there was none; instead the doctor submitted the findings were entirely in line with what he would expect in a suicide by hanging or partial suspension, Justice Lang says.
Cordner accepted in theory someone could commit such as a crime without leaving injuries, but he certainly had not come across it, Justice Lang says.
Another brief break
Helen Van Berkel
The court has adjourned briefly and when it returns, the judge will begin summarising the defence case.
Helen Van Berkel
Justice Lang says the Crown asked the jury to look at the circumstances in which Hanna's death occurred.
If Hanna took her life late at night, she would have to search for the rope, then she'd have to go to the top of the balustrade, find the belt then hang herself.
She would also be doing so knowing she would be found with no makeup and in a robe, and the Crown asked whether this sounded like the Hanna the jury got to know.
The Crown said this was an inherently unlikely scenario, Justice Lang says.
He then points to Polkinghorne's conduct after Hanna's death, including deleting his WhatsApp history, searching how to delete iCloud history and searching the term "leg edema following strangulation" on covert search platform DuckDuckGo.
The Crown's case over the meth
Helen Van Berkel
Justice Lang says the Crown also raised the traces of meth found in the ventilation system and the printer in Polkinghorne's room at Auckland Eye.
Some people at the clinic said Polkinghorne's behaviour had changed, the judge noted, and the Crown submitted that one of his colleagues had been in touch with Hanna about his concerns over Polkinghorne's conduct at work.
Hanna told the colleague she too was experiencing issues with him, according to the Crown.
Helen Van Berkel
The Crown submitted there was a degree of threatening or violent behaviour before Hanna's death, Justice Lang continues.
In January 2020, the Crown said she had told her friends, the Riordans, that Polkinghorne had put his hands around her neck before, and she mimed being strangled.
This was of concern, and they tried to convince her to leave him, the Crown submitted.
Hanna also sent a text to another friend that month indicating her long-philandering husband was acting "beastly" and in another text sent immediately after said: "I need you to know, if anything happens to me..."
Justice Lang sums up the Crown case
Helen Van Berkel
Justice Graham Lang says the Crown told the jury members they could look beyond the pathology and at Polkinghorne's conduct before Hanna died.
As far back as October 2018, the Crown argued, Polkinghorne had expressed an interest in moving to Australia and setting up a life with escort Madison Ashton.
Next, Justice Lang turns to the recording of Hanna in which she sets out her view of the relationship and its troubles, "although she said she still loves him".
It seems, the Crown submitted, things came to a head at Christmas 2019, the judge says.
At that stage, the Crown said, Polkinghorne was on the cusp of moving out and he told Hanna he was going to a "wellness retreat" but instead went to see Ashton in Sydney, Justice Lang continues.
This was the context in which Hanna spoke to her doctor about her suicidal thoughts and the crisis team intervened.
Importantly, Justice Lang says, she didn't act on those feelings.
Helen Van Berkel
The jury has returned and Justice Graham Lang says he is now going to cover the main parts of the Crown case.
He won't be "regurgitating" what the Crown and defence have said, but will highlight certain areas, he tells the jury.
The Crown says the pathology is neutral and leaves open the likelihood of homicide, Justice Lang says, and refers to Dr Kilak Kesha's examination of Hanna's body for external and internal injuries, noting his finding that the cause of death was neck compression.
Dr Stephen Cordner's evidence was that Hanna might have died between two and eight hours before she was found; at the time she was likely asleep in the bedroom after drinking alcohol and taking sleeping pills.
Another Crown submission was there may have been an argument and Polkinghorne applied a hold to Hanna's neck.
Justice Lang refers to finger-mark injuries on one of her arms, the bruise on her skull, abrasion to her nose and a graze on her back. The Crown submitted the bruises or marks were likely received during a struggle. The Crown also pointed to a small cut on Polkinghorne's forehead, which he did not have the day before.
Short break
Helen Van Berkel
The court is taking a 10-minute break.
A unanimous v a majority verdict
Helen Van Berkel
Justice Lang raises the possibility of a majority verdict. He says right now the jurors are being asked to deliver a unanimous verdict but after they have been deliberating for a certain period of time and a unanimous decision has not been reached, they would be able to reach a verdict with 10 out of the 11 jurors.
The jury can also make a finding of manslaughter, Justice Lang says.
No room for guesswork, Judge warns jury
Vera Alves
In making a decision, the judge tells the jury, "there is no room in this process for guesswork or speculation".
The jury has heard evidence from experts in their field, Justice Lang says.
Witnesses normally are not allowed to give evidence of their opinion, but the law makes an exception for experts.
"It's important that you understand this is not trial by expert, it's trial by jury."
As it turns out, Justice Lang says, there is little dispute between experts: except, he says, with regard to pathology and Hanna's phone activity in the early hours of the morning she died.
Helen Van Berkel
Do not take into account anything they have read in news media, Justice Lang tells the jurors.
They have heard all the evidence in court and it is for them alone to determine what they make of it.
"You must decide this case free from any sympathy or prejudice."
The case could evoke sympathy or prejudice in "numerous" ways, he says.
The jurors have had to traverse distressing and confronting topics including suicide which, he says, until recently was not discussed openly.
The jury also heard evidence of Polkinghorne using meth and engaging sex workers.
"Don't allow emotion, sympathy or prejudice guide or in any way influence your deliberations," Justice Lang urges.
"Simply focus on the evidence."
Innocent until proven guilty
Helen Van Berkel
Justice Lang says Polkinghorne is innocent until proven guilty and the onus of proving that is on the Crown to a standard of proof that is beyond a reasonable doubt.
It is not enough that he is "probably" guilty or "most likely" guilty, Justice Lang says.
Factual decisions, he says, are entirely on the jury.
Justice Lang adds that when summing up he will refer to Hanna by her maiden name, and he asks the jury not to take anything from it.
Judge to sum up
Helen Van Berkel
Court is back in session after a lunch break, with Justice Graham Lang beginning to summarise the case.
He begins by thanking the jury members for the diligence they have shown throughout the last few weeks, particularly as the trial has taken so long.
Justice Lang says his summing-up will be in three parts, the first relating to what happens in every trial. This shouldn't take more than 40 or 45 minutes.
He will then briefly summarise the Crown and defence cases.
Defence finishes closing address, court adjourns for lunch
Vera Alves
In closing, defence lawyer Ron Mansfield says it was for the couple themselves to decide whether their relationship was right for them and there cannot be a suggestion that Hanna was "trapped" from a relationship she could not exit.
Mansfield argues that Hanna had a high-paying job, plenty of community support and friends who would have "dropped anything" if they knew what she was going through.
People may suspect that perhaps Polkinghorne was thinking of moving into some unrealistic fantasy life, the defence lawyer suggests, but the evidence was clear that Hanna died by way of suicide, Mansfield says.
If they feel Polkinghorne didn't know how good he had it, and how his conduct was impacting her, that's a matter for them personally, he says.
Mansfield says there's a difference between being selfish or self-focused and taking one's life, especially someone you love.
"They were each other's rock and they had been for many years."
The thought he would take her life is "unbelievable and unsupported", Mansfield says.
Hold him morally accountable but you cannot convict a man of murder who didn't do it, Mansfield tells the jury.
Court is now adjourned until 2pm.
You can't underestimate the impact of her mother's death – Defence
Vera Alves
After her mother died, defence lawyer Ron Mansfield says Hanna sent a text to a friend saying it hit her harder than expected.
You can't underestimate the impact of her mother's death, Mansfield tells the jury.
He says the jury also heard from Hanna's boss, who says in mid-March, she spent half an hour speaking about concerns Hanna was sending emails in the early hours of the morning.
Friend said Hanna looked stressed in January – Defence
Vera Alves
Defence lawyer Ron Mansfield reminds the jury of several emails sent by Hanna in which she outlined work stress and how Polkinghorne was being supportive.
In one email, she describes her hands being full managing sourcing and supplying face masks, telling her relatives Polkinghorne was "being amazing", Mansfield says.
In another email, sent to herself, she says her husband had cooked her a beautiful dinner which she loved, and she loved him, Mansfield says.
A friend who Hanna used to confide in testified that when she spoke to Hanna that January at Rings Beach, she did not look well and was stressed, Mansfield says.
The witness spoke about how meticulous Hanna was about her appearance and how she wore more sophisticated clothing than was typical at the beach town.
Hanna would also change her outfits several times a day.
Vera Alves
Defence lawyer Ron Mansfield reminds the jury of the recording of Hanna in which she describes how she has a lot of men who fancy her but she doesn't want to leave Polkinghorne because she loves him.
Mansfield says no one was forcing her to participate in the sexual activity with sex workers, and when she wants to stop, she does stop.
In the recording, Hanna also says, "I'm not physically battered", but agrees she might be emotionally battered, Mansfield says.
Some of Hanna's family 'never liked Polkinghorne' – Defence
Vera Alves
In writing to her brother Bruce, defence lawyer Ron Mansfield says Hanna made it clear she was a Polkinghorne: "My name is Polkinghorne."
It read: "I urge you to also respect that this is my family home, you cannot change the past."
She also asked him to think about the "brutal and hurtful" things Bruce had said about her.
Hanna was talking about the strain on her relationship with Bruce in regards to the care of their mother, Mansfield submits.
Things were "rough and bumpy", Mansfield says, when it came to managing their mother's health.
A number of people in Hanna's life had a dislike for Polkinghorne and they were "quite quick" to jump on the thought this might be suspicious.
In truth, they never liked Polkinghorne, Mansfield says.
Mansfield draws attention to Tracy Hanna's evidence
Vera Alves
After a 10-minute break, defence lawyer Ron Mansfield continues his closing address, remaining on the topic of mental health.
Mansfield says he "fully accepts" anxiety and depression can come and go, but says it is important not to lose sight of the evidence about Hanna's mental health issues.
He reminds the jury of evidence from Hanna's sister, Tracy Hanna, who claims Hanna told her she had tried to kill herself before.
While they do not know if she was hospitalised, Mansfield says it is the first "snippet" of information we have on Hanna's mental health.
No one likes to be called as a witness, but people prefer to be called as a Crown witness than a defence witness for obvious reasons, he says.
Tracy Hanna was called as a defence witness.
She was upfront and told the jury what she knew and what she didn't, Mansfield says.
He endorses that evidence as reliable and tells the court it was not embellished as it could have been.
Defence says some of the most gravest nonsense NZ courts had heard for a long time
Vera Alves
The other suggestion put to the jury by the Crown is that Polkinghorne did it by stealth, that he managed to achieve his wife's death without leaving an injury and he was able to bring her downstairs to "mock up" the hanging, defence lawyer Ron Mansfield says.
He says this suggestion made no sense.
There was no premeditation, no planning, no evidence he planned to kill his wife, Mansfield says.
He alleges this was some of the most gravest nonsense New Zealand courts had heard for a long time.
Vera Alves
Defence lawyer Ron Mansfield says when police asked about violence in their relationship, Polkinghorne said they had never hit each other.
This is confirmed, Mansfield says, when Hanna said on a recording heard earlier by the court, "I am not abused, I'm not physically battered".
If Polkinghorne was responsible for her death, Mansfield says you would expect to see evidence of scraping or dragging.
There was no indication she had been dragged downstairs or of there being any struggle, the defence lawyer argues.
Mansfield submits it is implausible that Hanna's life would be taken by strangulation and there would be no injury or signs in the bedroom consistent with that.
Hanna's workplace 'should have reduced her workload' – Defence
Vera Alves
Hanna was facing a combination of stressors and had multiple risk factors for suicide, defence lawyer Ron Mansfield.
Mansfield says her workplace should have reduced her workload and pointed to the "reality of burnout".
He tells the jury the very last place someone would be honest about their mental health is in a meeting with their boss.
Mansfield focuses on Hanna's mental health
Vera Alves
Defence lawyer Ron Mansfield now moves on to Hanna's mental health at the time.
Her mother had recently died and she was fearful Polkinghorne may be seeing someone else, which Mansfield says there was no evidence for.
Hanna had also disclosed suicidal thoughts to her doctor previously.
Mansfield speaks of evidence provided by defence mental health expert Dr Olav Neilssen, who said the combination of alcohol, weight-loss medication and antidepressants could lead to depression.
Being a perfectionist, it was suggested, makes you more vulnerable to depression, Mansfield says.
And, he says, there is no more lonely a place than in the early hours of the morning.
Vera Alves
On the cut on his head, Polkinghorne told the police he didn't know how he got it, Ron Mansfield says.
Crown witness Kilak Kesha, one of four pathologists to testify, described the cut to his head as a cut, not a scratch, and one of the ambulance officers referred to it as a scratch or graze, Mansfield says.
Kesha said it could have occurred while Polkinghorne was taking Hanna down and he placed no weight on it, the defence lawyer says.
Knot could have held Hanna's weight – Defence
Vera Alves
Defence lawyer Ron Mansfield speaks of another witness who saw kinks in the rope consistent with the ballustrade.
Mansfield says the rope evidence was consistent with it being tied up by way of a half hitch.
This, he puts to the jury, confirmed what Polkinghorne had said about the rope and throwing it down on the stairs.
The rope expert confirmed the knot would have held Hanna's weight, Mansfield says.
Removing belt from her neck was not a 'convoluted' act – Defence
Vera Alves
Removing the belt from around Hanna's neck and lying her down is entirely a natural consequence, defence lawyer Ron Mansfield says.
He tells the jury not to think of this as a "convoluted" activity that would take a while.
"It wouldn't take long but would also explain the marks on her right arm."
Mansfield says Polkinghorne described there being three or four Granny knots, that the belt around Hanna's neck was not tight, and connected to the belt was the orange rope.
The chair she had been sitting on came from the informal dining area next to the TV lounge, the defence lawyer says.
Mansfield then moves on to some of the evidence provided by a first responder, who said he saw marks on her neck but didn't notice anything untoward.
The paramedic told police he looked no further than the head or the neck because he was sure she had died from a hanging, Mansfield says.
'Believe it or not, tea or toast was meant to disclose whether he was truthful'
Vera Alves
Polkinghorne told police, defence lawyer Ron Mansfield tells the jury, on the morning of Hanna's death he turned the jug on and put three bits of toast in the toaster.
Now the power experts strike again here, he says, referring to one of the experts saying both devices could not have been used at the same time.
Mansfield argues this is not what Polkinghorne had submitted, as he just said he had put the toast in the toaster.
He says there was divergence in the views of the power experts regarding whether he could have used both appliances at the same time.
The Crown, he tells the jury, was trying to say this showed he was not being honest.
"Believe it or not, tea or toast was meant to disclose whether he was truthful," Mansfield says.
Polkinghorne prompted to turn airplane mode off when he found his wife – Defence
Vera Alves
Defence lawyer Ron Mansfield says those of the jury who are clinging on to the airplane mode as being somewhat suspicious might want to ask themselves why he would not take it off airplane mode after Hanna's death.
It's perfectly clear, Mansfield says, that Polkinghorne did not, as the phone display went off at 2.44am and was unlocked at 6.46am.
During this period, airplane mode remained on, and it stayed on even when he was looking at images on his phone just after 8am.
Mansfield says Polkinghorne was prompted to turn it off when he found his wife, but he couldn't work out how to use his phone to call the police and instead used the landline.
The defence lawyer says Polkinghorne only remembered it was on airplane mode after this call. Polkinghorne also told police about the airplane mode situation, Mansfield says.
Polkinghorne was on his phone 'because he couldn't sleep' – Defence
Vera Alves
Defence lawyer Ron Mansfield refers to Polkinghorne's comments about how Hanna was helping him draft his resignation letter that night before she went to bed.
He worked in the office for a while and she sent him the changes she made on her laptop, Mansfield says.
Polkinghorne spoke about when he went to bed, and that he couldn't sleep.
Mansfield says Polkinghorne was on his phone because he couldn't sleep.
He says the Crown had tried to point to his phone being placed on Airplane mode as being suspicious.
In this case, Mansfield says it would be pointless as the only benefit of this would be to track his movements if he left the address, which no one in this case is submitting.
Polkinghorne said he'd 'gone to bed', not 'to sleep' – Defence
Vera Alves
Defence lawyer Ron Mansfield says the Crown was critical of his description of their relationship as "quite good" or "perfect".
Mansfield says this was actually in relation to what the couple drank and how much they had drunk that night.
Mansfield notes that his client told police he "went to bed" but didn't specifically say he went to sleep. The Crown says he was caught in a lie because his phone logs showed him using it well into the early morning.
"Neither of them was getting much sleep," Mansfield says.
"Both of them were under stress or work pressure."
Ottoman footprints consistent with Polkinghorne's account – Defence
Vera Alves
In regard to the ottoman that was found on its side, defence lawyer Ron Mansfield says Polkinghorne had helped Hanna get soft toys down for their grandkids.
Both of their footprints were on the stool, consistent with Polkinghorne's account.
Mansfield refers to Polkinghorne's evidence from the night before Hannah's death. Polkinghorne talked about having drinks, dinner and watching Netflix, prior to that he said Hanna spoke about going to the rubbish tip.
Mansfield says he played a video of her trip to the jury as it confirmed what Polkinghorne had told police. Hanna is quite capable, and he says the suggested questioning how she could be capable of taking her life by the use of the rope was not doing justice to her.
There was no rope cut as part of the exercise of Hanna taking her own life, he says, as there was no evidence of this.
Bedroom was 'not dishevelled' but 'in a state of being tidied' - Defence
Vera Alves
Defence lawyer Ron Mansfield turns focus to the guest room where Hanna was said to sleep on the night of her death. "It's not dishevelled," he stresses. "It's just in a state of being tidied."
Mansfield reminds jurors Polkinghorne said in his police interview the house looked a bit like a laundromat because Hanna was doing washing the night before.
When police arrived at the house, they found the duvet and top sheet missing from the bed with the pillows thrown onto the ground and an ottoman overturned. A damp sheet was found in the washer.
"She was tired... and on this occasion... she was going to finish that job in the morning," Mansfield says of the odd state of the bedroom. "She was just more interested in trying to get some sleep, because we all know that woman needed to get more sleep given the workload and pressures on her."
Vera Alves
Starting on Easter Saturday, defence layer Ron Mansfield talks about Polkinghorne making Hanna breakfast and her doing the laundry because the weather was fine.
Mansfield says the washing must have been done no later than 10.30pm that night.
Former Consumer NZ product test manager Paul Smith said confirmed the washing and dryer may have used between 630 and 10:30 pm.
Mansfield says both electricity experts said the washing machine could have been used up until 11.30pm the night before her death.
The time of the washing, he says, is important because it shows all of her acrylic nails were on expect that large nail, which was in the washing machine.
This, Mansfield tells the jury, shows it didn't come off in a struggle.
Polkinghorne 'still loved' Hanna - Defence
Vera Alves
Despite what people think about his interest with sex workers and fascination with porn, defence lawyer Ron Mansfield says Polkinghorne loved Hanna.
"He still loved her, as she loved him."
While they may have had periods of time where they were "at each other", he submits that there was not one iota of evidence that around April 2021 that was where they were at.
He tells the jury those who have had long-term relationships or friendships will know they're not always perfect.
Defence lawyer says Polkinghorne did not fear suspicion
Vera Alves
Defence lawyer Ron Mansfield says Polkinghorne's patients thought the world of him, he would waive fees for people who couldn't afford them.
He then asks how many people could do that.
One of his colleagues from the Papatoetoe clinic confirmed to the court earlier he would waive fees for surgeries and consultations.
"[He] always treated her with respect and kindness."
Mansfield notes his client often met with patients on weekends (including an incident in October 2020 when he's alleged to have smoked methamphetamine in a consultation room afterwards – an allegation he denies).
"You will know how hard it is to get an appointment, especially with a specialist. His foibles aside, it tells you a great deal you need to know... His patients spoke the world of him."
He tells the jury none of us would like our messages trawled through, or our internet searches looked up.
None of us are "perfect".
"I don't know one person in this room that doesn't have a negative side to them."
Polkinghorne didn't need to provide his voluntary statement to police, Mansfield says.
He tells the jury Polkinghorne could have asked to do the initial interview at another point, and anyone would have understood.
But, ironically, he says Polkinghorne thought he was doing justice to Hanna.
If he were a master manipulator, he would have driven in how he found his wife during that interview, Mansfield says.
He says Polkinghorne would have been able to tell the detective with clarity around how it had occurred.
Why would he leave any misunderstanding or make it look unclear, he argues, if that was the whole point of the set-up.
If you had killed your wife in cold blood, in the perfect murder that left no injury, then would you care if they remained with the belt tied around their neck suspended to the balustrade? Mansfield asks.
He says anyone who finds their loved one like this would want to get them down, and provide them with a cover to give them some dignity.
Mansfield says a master manipulator would have left Hanna in situ.
"He didn't fear suspicion."
He tells the jury Polkinghorne would have left her in that position, if he were a mastermind cold-blooded killer.
Defence rejects Crown's claims that Polkinghorne was a 'master manipulator'
Vera Alves
Defence lawyer Ron Mansfield says Christopher Milroy, the fourth pathologist to testify, was brought in because of "the unconventional criticism" that Stephen Cordner was acting as an "advocate" rather than an unbiased expert.
When you think about the suggestion that he is a "master manipulator", Mansfield asks the jury to consider the other aspects of Polkinghorne.
Mansfield says even though he was seeing at least three sex workers in the lead-up to his wife's death and seeing sex workers after, he was also giving them advice and helping them.
"He wasn't just turning up taking and leaving."
Mansfield also references submissions from people who spoke highly of the accused.
The people who came to give evidence on his behalf knew they would be named.
Their preparedness to do that says a lot about them, Mansfield says, "it also says a lot about him".
He then refers to an Auckland Eye receptionist who gave evidence on his behalf and said she did not see an angry man.
"She was dealing with him day in and day out and she gave really positive evidence about Dr Polkinghorne."
"We have two people's lives turned upside down – for what?"
To prove a murder, he says, that all the experts said there was no evidence for. Yet anyone who was inconsistent with the Crown's narrative was called a liar or had their reputation sullied, Mansfield says.
Defence to finish closing address this morning
Vera Alves
Defence lawyer Ron Mansfield predicts to jurors he has an hour or two left in his closing address, but admits it's probably closer to two.
Mansfield asks the jury to "bear with" him for a wee bit longer as there's more he wants to traverse.
He says when he stopped yesterday, he was just about to conclude the summary of the pathology evidence, which he suggests is key to the trial.
Mansfield reminds the court of the general conclusions made by defence pathologist Dr Stephen Cordner, who said there is "nothing incompatible" with the injuries and the conclusion of an incomplete hanging.
Trial about to resume
Vera Alves
Justice Graham Lang says over the last few days there had been issues with people using cellphones in the public gallery.
He says anyone seen by security using a cellphone will be asked to leave by security.
Jury set to retire after defence finishes closing
Vera Alves
Fifty-one days after the murder trial of Remuera eye surgeon Philip Polkinghorne began, the jury is today set to retire to consider whether his wife Pauline Hanna died by his hands or her own.
The Crown says he strangled her and staged the scene in an attempt to make it look like she hanged herself.
His lawyer Ron Mansfield KC says she killed herself. He is set to finish his closing address this morning before Justice Graham Lang sums up the case.
Justice Lang told the jury yesterday he expected they would be out deliberating by about 3pm today.
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In his final response today, Mansfield accused the Crown of being derelict in their duties by not pinning down when, where, why or how Hanna was killed in their theory.
“Let’s keep our options open,” he said with sarcasm. “It’s only a murder trial, after all.”
Mansfield also emphasised Hanna’s multiple suicide risk factors that mental health experts who gave evidence agreed on. He said she was a perfectionist, worried about professional disgrace, she was mourning the recent death of her mother, she reported prior thoughts of self-harm and she had a dangerous combination of alcohol and sleeping pills. He blamed Hanna’s work for not proactively reducing her hours when they saw she was sending work emails at all hours of the night.
He noted that taking a meal to friends and taking items to the tip the day before she died might be seen as signs of suicidal thinking, but more likely killing herself was a spur-of-the-moment decision in the middle of the night.
“There is no more lonely place when you’re already feeling low than the early hours of the morning,” he said. “At that time, when you’re that low, it is the darkest place to be. It is dark, it is bleak, it is desperate and that is where Pauline was likely to be woken to.”
He also went through some of the darkest moments found in her emails. In March 2019: “I cannot live if that is the result that I got it wrong,” she said of the prospect her husband didn’t love her. “I am lost.”
Mansfield said: “That sadly tells us a lot.”
In November 2019, during an accidentally recorded 24-minute conversation with her brother and niece, she called her husband a “sex fiend” and said he is angry at the world but also said at one point “I’ve considered just chucking myself off a bridge”. The Crown said it was an offhand comment, but Mansfield said it had to be interpreted in the context of all her other self-harm comments.
In early January 2020, in the early draft of a letter she wrote Polkinghorne after he disappeared for several days over Christmas, she said: “Right now I feel very scared, confused, sad and incredibly lonely.” She wrote an email to herself in April 2020 in which she said she was tired and not herself.
“I am never good enough despite my efforts,” she wrote. “I want desperately to tell someone and cry and ask for help but everyone seems to think I’m amazing and does not want to know that I have foibles and failings.
“... So I will go to bed and not sleep. V unusual for me – and it builds up – who knows what might follow. Have to tell someone even if no one but God ever sees this.”
In May 2020, she told family it was her first full day off in eight weeks and that she had “mixed emotions” about her new job helping to manage the Covid-19 response and that she had been “criticised and bullied and it has been incredibly brutal”.
Mansfield recounted a conversation in January 2021, recounted by a former corporate climber turned Anglican priest Gillian Reid, in which Hanna said she was struggling to do her job well.
“She was working longer and longer and harder and harder,” Reid testified. “She did not look well. This was a woman who was very stressed and struggling to handle what was going on around her.”
Then on March 28, 2021, exactly one week before her death, she wrote to her son-in-law and his wife: “My life is insane and I do not know what day it is sometimes. I (reluctantly) took this role as Head of Logistics for Vaccine. I did not want to. But Philip was so proud of me when Outbreak happened, I thought he would be proud of this – which I guess he is – but it is incredibly difficult and lonely.”
In the seven days before her death, Hanna was sending work emails at all hours of the day, including times when most people would be sleeping.
“Are you seriously about to believe that she wasn’t a suicide risk?” the lawyer asked as he began to wrap up his argument. “Is what I’m suggesting to you a stretch?”
Hanna was a beautiful and competent woman, “but she didn’t always see it that way”, he said.
“She had vulnerabilities – it’s a reality ... There were friends who would have dropped anything had they known how poor a state she was in – including Philip. But no one saw through that veneer because she didn’t want anyone to know.”
It’s fine, he said, if some jurors “are not able to shake the image of a dirty old man who didn’t realise how good he had it with Pauline”. They might even think his treatment of her contributed to her suicide risk factors, he said.
But jurors would be “emotional vigilantes” to find Polkinghorne guilty of anger towards him and sympathy towards Hanna when he didn’t do it, Mansfield added.
“There is no justice for Pauline if you ignore her vulnerabilities and ignore the decision she took,” he said. “The decision you make must be made on the evidence.
“If you believe the need for evidence for a case before you convict a man ... you already know the correct verdict in this case and it’s not necessary for me to tell you.”
Justice Lang has not given an estimate as to how long his summing up will take this afternoon.
Craig Kapitan is an Auckland-based journalist covering courts and justice. He joined the Herald in 2021 and has reported on courts since 2002 in three newsrooms in the US and New Zealand.
The Herald will be covering the case in a daily podcast, Accused: The Polkinghorne Trial. You can follow the podcast at iHeartRadio, Apple Podcasts, Spotify, through The Front Page feed, or wherever you get your podcasts.