Philip Polkinghorne trial: Crown suggests possible interference in regards to blood found 2 years after Pauline Hanna’s death

Monday, 2 September 2024

Warning: The details of this case may be distressing for some readers.

Nearly two years after Pauline Hanna’s death, a forensic expert flew from Louisiana in the United States to the Remuera home to conduct an analysis of a possible blood stain on an area near where her body was found.

The mark looked different to the picture police had taken after Hanna’s death, but showed up with a possible match for Polkinghorne’s blood. Something prosecutor Brian Dickey suggested could have been interference or contamination of the scene two years after Hanna’s death.

Polkinghorne, a 71-year-old eye doctor, has denied murdering wife Pauline Hanna. She was found dead in the entranceway of their Remuera home on April 5, Easter Monday, in 2021.

First responders on the scene noticed a “reasonably fresh” cut on his forehead and Polkinghorne unaware of how he received it.

Ron Mansfield KC opened the defence case to the jury on Friday. He said police “became intoxicated by the thought of establishing murder” after they found evidence of methamphetamine use and extra-marital affairs. Both of which are just distractions, he said.

He said if the police had taken a step back, and looked objectively, there was “no evidence at all of a culpable homicide”.

The Crown’s case is that Polkinghorne fatally strangled Hanna before reporting her death to police as a suicide. It argues he was living a double life, obsessed with meth and in a covert relationship with an escort in Sydney.

Polkinghorne’s defence is that Hanna was exhausted by work-related stress, had a history of mental health issues, was on medication, and tragically took her own life. Ahead of the trial, he pleaded guilty to methamphetamine related charges.

Polkinghorne’s defence case continued on Monday with a group of witnesses who had previously worked with the eye surgeon at Auckland Eye, an investment manager, a power expert and also a forensic expert from the United States.

Forensic expert from United States travelled to Remuera home, noticed blood stain

Dr Timothy Scanlan beamed into the courtroom via a video link from the United States on Monday afternoon.

The former Deputy Chief for the Jefferson Parish Sheriff’s Office now runs a forensic consultancy firm that provides analysis and training for crime labs nationally and internationally.

Scanlan told the court he was instructed by Polkinghorne's then lawyer after Hanna's death and travelled to New Zealand in March 2023.

In the March, he noticed a potential blood stain or blood smear on a wooden panel on the side of the three steps where Hanna's body was found by emergency services.

Scanlan said he compared the stain with what the New Zealand Police had collected and it appeared it was in the same area but had been changed slightly.

Mansfield said the Remuera home had been cleaned after police finished their scene examination. He swabbed the area which tested positive for blood and also Polkinghorne’s DNA.

Crown suggests possible scene contamination

Under cross-examination, Crown prosecutor Brian Dickey asked who was present at the Remuera address on the day Scanlan conducted his testing.

Dr Scanlan said defence counsel Zali Burrows and Dr Polkinghorne.

Burrows has come up in evidence during Polkinghorne’s message exchanges with Sydney-based escort Madison Ashton.

Dickey asked how Scanlan's attention was drawn to the area of stairs.

'The information came through defence counsel,' Scanlan said.

Dickey asked the expert if he'd agree with him that there's always a risk of interference or contamination of a scene when it's not controlled or contained for two years.

'I would say that’s fair,“ Scanlan replied.

ESR forenisc scientist Fiona Matheson previously told the court she had not detected blood in that particular area.

Scanlan questioned whether she tested the whole area. But Matheson said she'd screened the whole area and was aware of the stain, Dickey said.

'Two years later you’ve detected blood of Dr Polkinghorne,' Dickey said.

He took the expert to the photo taken by the police in 2021 and then the photo taken by him in March 2023 and said the staining was different and it would very hard for a the additional lines to be because of cleaning.

'All I can say it’s in the general location and its appeared to be altered,' Scanlan said.

Scanlan said in 2023, it appeared the stain was the same length and in the same position.

Dickey submitted it was possible the additional line could have been because of contamination.

'It’s a possibility,' Scanlan said.

'If his blood is not in the left hand photograph and not in the right hand photograph…aren’t we dealing here with obvious scene contamination?' Dickey asked.

'I think it’s a possible explanation, it’s not the only explanation,' Scanlan replied.

Scanlan said he’d accounted for contamination in his report.

Polkinghorne’s investment portfolio worth $2.2m

Earlier on Monday, Tony Robert Glucina, an investment advisor at JBWere, a wealth management firm, gave evidence about Polkinghorne’s portfolio.

Glucina said it was common practice for a couple to have an investment only in one of their names and only deal with one party.

'Sometimes some investments are in a wife’s name solely…I suspect that’s more for tax reasons, but that’s not something we give advice on,' he said.

Glucina understood Polkinghorne’s investment with JBWere to be for both him and Hanna’s retirement. He’d known the pair for about 10 years.

Glucina said Polkinghorne's investment portfolio grew substantially and it was invested in Apple, Amazon and other global multinationals 'who have done very well'.

Mansfield asked if Polkinghorne’s portfolio sat at about $2.2m. Glucina agreed.

‘Pauline didn’t eat’

In January 2021, Glucina and his partner - who is a nutritionist and naturopath - were invited to the couple's Ring's Beach bach for dinner.

'Philip came and picked us up…we had a three course dinner, it was great catching up with them both. Philip had done a bit of diving and fishing.

'I suppose the thing that really stood out for us…and I remember really vividly talking about it to [his wife] - she’s a nutritionist and notices what people eat.

“Pauline didn’t eat anything at all,” Glucina said.

Glucina said it seemed Hanna was 'quite stressed' with her work on the Covid-19 response.

Mansfield asked how Polkinghorne treated Hanna at the dinner.

'Like a normal couple I’d say.“

Glucina said he didn't notice Polkinghorne being controlling or demeaning towards Hanna.

'I didn’t notice anything unusual other than the fact she was a bit stressed.'

He said it was no secret Polkinghorne had invested at JBWere.

Under cross-examination, prosecutor Brian Dickey said a Hanna’s bosses and colleagues had said Hanna was coping in her job and doing well in it. But Glucina said she seemed stressed at the dinner they had in January 2021 at Ring's Beach.

Dickey asked if Glucina discussed the investment portfolio with Hanna on the two occasions they'd met in January 2021 and late 2020.

He said he did not and didn’t know how much she knew about it.

Polkinghorne would often forgo surgeon's fee if patients couldn't afford surgery

A number of Polkinghorne’s former colleagues were called to give evidence on Monday. The court has previously heard from a number of people at Auckland Eye, but these witnesses gave evidence of a different nature.

Leonie Darlington worked at Auckland Eye for 18 years until 2022.

'He was very good to work with, he was a perfectionist…expected that from his staff too. You knew exactly what he expected of you,' Darlington said.

Darlington said Polkinghorne always put his patients first.

'He was very considerate…some patients couldn’t afford the procedure…he’d sometimes forgo his surgeon’s fee as the procedure needed to be done,' she said.

Under cross-examination, Darlington was asked whether she ever saw Polkinghorne under the influence of drugs. She said she hadn’t.

Panic buttons in Remuera home

Sharon Jenkins was another former colleague of Polkinghorne’s having worked as a receptionist and then later worked closely with him as a surgical booker.

She told Harrison Smith, one of Polkinghorne’s defence team, about a house sitting arrangement over Christmas 2017.

Jenkins said she looked after the house for about two weeks and did so again about 6 times up until Christmas 2020.

In an email from Hanna on December 13, 2019, she thanked Jenkins 'for agreeing to look after the pussycats' and said Polkinghorne would be leaving on December 24 to head down to Ring's Beach and they'd be back on January 7.

Smith asked Jenkins if she ever noticed “red buttons” in the spare room.

'I did notice some panic buttons around the place,' Jenkins said.

She said she told police this in April 2021. Under cross-examination, Jenkins told Dickey she didn’t know if they worked or not.

Jenkins said Polkinghorne had a very good relationship with colleagues.

“He always treated his patients really well. Some patients didn’t always have the money to pay for their consults and he’d pay for them.

'Him and Pauline were very kind and generous,' she said.

Jenkins also spoke about how she noticed Polkinghorne’s weight loss and tiredness at work in 2018.

'I did wonder if he did have cancer or something like that as it was quite dramatic,' Jenkins said.

Defence expert critical of Crown expert's power analysis

Ron Beatty is the power expert called for the defence.

Polkinghorne had told police he went downstairs that morning to make tea and toast before he found his wife dead.

Early on in the Crown case, former head of product testing at Consumer NZ, Dr Paul Smith said there was a very small jump in the energy use, but reasonably ruled out the use of the toaster and kettle.

But Beatty was critical of Smith’s analysis.

“He only looked at one or two days worth of consumption…he didn’t consider what would have occurred on similar days in history. That is a failing of that side of the investigation,' Beatty said.

Beatty said he looked at the data and trends from December 1, 2020 through to April 5, 2021.

'[The] data supports Polkinghorne rising early, turning on a few lights and he was obviously very energy conscious…LED lights and then at about 8am shows an increase in load…could be consistent with boiling a jug and perhaps running a toaster,' Beatty said.

The trial, before Justice Graham Lang and a jury, continues.