Philip Polkinghorne trial: Defence pathologist would have concluded suicide as cause of death

Friday, 6 September 2024

Warning: The latest evidence in the Polkinghorne trial involves details evidence from a forensic pathologist and details suicide. Some readers may find the content distressing.

A veteran pathologist called to give evidence for Philip Polkinghorne’s defence case has told the court he would have concluded Pauline Hanna’s death was suicide. And a psychiatrist has said the cocktail of medication and other factors would have left Hanna at high risk of suicide.

'If I had been responsible for this case I would have concluded cause of death was hanging as the findings fit with hanging. There are no findings to support the alternative of homicidal ligature/manual strangulation,' pathologist Professor Stephen Cordner said.

Under cross-examination by the Crown, the pathologist was accused of taking a view of suicide from the start instead of a neutral view on Hanna’s cause of death.

Pauline Hanna was found dead in the entranceway of the Remuera home she shared with her husband on the morning of April 5, Easter Monday, in 2021. Polkinghorne has denied killing his wife.

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.

The defence case is that Hanna tragically took her own life after being exhausted by work-related stress during the Covid-19 pandemic, but she also had a history of mental health issues.

The trial, now in its sixth week, continued hearing from a highly-experienced pathologist and then a psychiatrist called for the defence case.

Psychiatrist says Pauline Hanna at higher risk of suicide

Psychiatrist Dr Olav Neilssen said he was aware of the general nature of the Crown case, had reviewed Polkinghorne's police interview on April 5, 2021, listened to the Longlands recording, reviewed emails and letters sent by Hanna, correspondence between Hanna and Polkinghorne and logs of her emails.

He's also reviewed a summary of her medical records and correspondence with specialists.

The court previously heard from Hanna’s GP who told the court Hanna had been prescribed medication for weight control and had taken Prozac (anti-depressant medication) for 20 years.

The GP also said Hanna had previously disclosed an alcohol use disorder and taken medication for a time.

The psychiatrist said he disagreed with Hanna's GP for prescribing these medications in combination over an extensive period of time.

'A bottle of wine or more per night over ten years which is recorded - definitely will be hazardous,“ The psychiatrist said.

Complications include amnesia and liver inflammation - which Hanna had reported.

But it can also cause anxiety, depression, mood swings.

Neilssen said alcohol consumption can render anti depressant medication ineffective.

'It counters any effect of long term use of anti depressants.“

The psychiatrist said the weight control medication was “basically an amphetamine”.

He said it was not very good practice to prescribe phentermine (duromine) and Prozac at the same time.

'It is potentially dangerous interaction as the phentermine can cause serotonin syndrome, while rare, and there’s plenty of people on that combination, but it is still hazardous.'

Mansfield asked what impact the “cocktail of substances” would have on Hanna.

'The phentermine is the worst of them. It’s not recommended to be taken continuously…the long term depletion of dopamine will make anyone depressed.'

The psychiatrist said chronic depression, not withstanding public appearances, was a combination very dangerous for suicide.

Mansfield said work colleagues and friends of Hanna had remarked on her presentation.

Dr Neilssen said, from the material he’d reviewed, it suggested Hanna was “very perfectionist” and it seemed her personality concealed her underlying mood.

“She doesn’t want to show stress to other people and wants to show a good public appearance physically and professionally,' the psychiatrist said.

The psychiatrist said it was very common for the death of someone by suicide to come as a complete surprise to those close to them.

It also may not have been planned.

Mansfield asked how chronic depression, stress of a demanding job, loss of a close family member, a cocktail of medication, alcohol, zopiclone and previous self-harming attempts could impact on someone contemplating suicide.

The psychiatrist said the factors suggested Hanna would be at higher risk of suicide.

Dr Neilssen said someone who has self-harmed previously is 100 times more likely to try again.

Hanna’s sister, Tracey Hanna, previously told the court sometime after their father’s death between 1990 and 1992, her big sister disclosed a suicide attempt.

“It does suggest that she is in a higher risk group,” Neilssen remarked.

'You can’t and don’t attempt to tell us whether she died by suicide?' Mansfield asked to which the psychiatrist agreed.

He said he was at court to speak about the factor that “very greatly increased her risk compared to other people”.

Pathologist called to give ‘grim’ evidence

Veteran pathologist Professor Stephen Cordner continued his evidence on Friday morning.

The two pathologists called during the Crown case said they could not conclude whether Hanna died by hanging or as a result of being strangled, either manually or by the use of a ligature.

At the end of his evidence-in-chief, Polkinghorne’s lawyer, Ron Mansfield KC, asked how Cordner would have reported the cause of death if he had been responsible for the case as the attending pathologist.

'If I had been responsible for this case I would have concluded cause of death was hanging as the findings fit with hanging. There are no findings to support the alternative of homicidal ligature/manual strangulation,' Cordner said.

Mansfield went on further to ask if the absence of injuries on Hanna should leave the cause of death open and whether that might be compatible with an arm around the front of the neck.

'If we allow for that possibility, we wouldn’t be coming to conclusions in hangings' Cordner said.

The pathologist previously said if someone had been strangled either by a ligature or manually, there are more often than not additional injuries indicative of an assault.

'There are none here,' Cordner said.

Under cross-examination, Alysha McClintock said the real issue in this case was whether the neck compression was as a result of hanging or some form of strangulation by Polkinghorne. Cordner agreed.

The pathologist confirmed he knew Dr Martin Sage, who gave evidence for the Crown was a leading forensic pathologist in New Zealand.

'Perfectly reasonable for people to have different points of view,' he said.

McClintock moved on to questions about the injuries found on Hanna.

One of the injuries was a bruise to the skull. While Cordner said it was quite difficult to bruise the skull with a punch, he agreed if it had been a punch it would have been a 'decent one'.

'Dr Kesha said about this injury - either something hit her head or her head hit something,' McClintock said, to which Cordner agreed.

'You can’t diagnose it as positively assaultive and you can’t exclude it either?'

Cordner agreed..

Crown suggests Dr Polkinghorne could have cleaned blood

McClintock turned to the bleeding in Hanna's ear. Cordner and the pathologists called from the Crown said it was likely caused as a result of Hanna's death.

There was blood located on Hanna's left hand between her fingernail and no obvious blood on the under side of her hand, McClintock said presenting a photograph to the expert.

Cordner said it was possible at some point when Hanna's body had moved the hand could have got close to her ear.

'Really?' McClintock said.

Cordner said he didn't think McClintock should be so sceptical.

Again McClintock pointed out the only place there was blood, other than the ear, was in between her fingers.

'As a pathologist you can’t discount the blood has been cleaned,' McClintock suggested.

Cordner said he couldn't say 'no' to it being a possibility.

'But we know from what Dr Polkinghorne said he touched her hands as he moved her rings and turned them around?' McClintock said.

'I can’t rule out the hand has been cleaned,' Cordner said.

Crown accuses defence pathologist of taking a view of suicide from the start

McClintock took Cordner to Dr Martin Sage’s evidence who said Cordner's report failed to account for the other possibilities in a neutral way.

McClintock said Dr Sage is of the view the way Cordner had assessed the forensic evidence has failed to account for other alternative explanations in a neutral way.

'I’m going to suggest professor that’s what you’re doing,' McClintock said.

'You’re trying very hard here to say it is more positively a suicide and the injuries have all these explanations…but a more neutral way to look at it is it could be either,' the prosecutor said.

Cordner disagreed.

'As to whether I’m neutral - I’ve got no comment. If someone thinks I’m not neutral, I’m sorry to hear that. I’m trying my best to apply my discipline and help in resolution of this matter.'

McClintock said the pathology findings were neutral in regards to the cause of death, but Cordner disagreed.

McClintock pointed out Polkinghorne didn't give that explanation in his police interview.

The trial, before a jury and Justice Lang, continues on Monday.