Philip Polkinghorne trial: Pathologist, psychiatrist and other experts called for defence

Saturday, 7 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.

The sixth week of the long-anticipated trial of eye surgeon Philip Polkinghorne has focused on the defence case and included a statement from a pathologist who said he would have concluded Pauline Hanna’s death was suicide.

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

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 escort Madison Ashton 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.

On Friday, Justice Graham Lang told the jury evidence would likely conclude on Tuesday before the Crown closed its case on Wednesday and the defence on Thursday. Justice Lang said he would sum up on Friday before the jury begin their deliberations.

Here are the key things we learnt this week

Defence pathologist would have concluded suicide as cause of death

The lack of injuries to Pauline Hanna were consistent with a partial hanging, a veteran pathologist has told the court. He also said it would be quite “mind boggling” to imagine Hanna’s body had been manipulated after her death to simulate a suicide.

“There is no evidence of a forensic pathology kind to positively support a conclusion that this deceased has been homicidally manually or ligaturally killed,” Professor Stephen Cordner said at the end of evidence on Wednesday when asked about the lack of injuries to Hanna.

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.

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.

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.

Possible scene contamination two years after death

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.

In the March 2021, 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.

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.

'If his blood is not in the left hand photograph and 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.

Stimulation’s at Remuera home

An engineer who conducted simulations of an alleged suicide at the Remuera home said it could have been Hanna’s cause of death, but did agree with the Crown that he relied on Polkinghorne’s account.

Mechicanical engineer Andrew McGregor, the director of Prosolve Ltd a company that investigates engineering failures and accidents that occur in New Zealand and the South Pacific, was called as an expert witness.

McGregor said he was instructed by the defence team to consider whether Polkinghorne's statement as to how he found his wife on the morning of April 5, 2021 was consistent with a 'partial hanging'.

He attended the Remuera home where Pauline Hanna died.

McGregor said he conducted four different simulations and each of them generated enough force to cause death, but he wasn't able to say how long it would have taken for death to ensue.

Auckland Crown's Solicitor cross-examined Andrew McGregor and asked if he had to 'rely entirely' on Polkinghorne's account.

'That's correct. I had to rely on the statement he gave to police in his video and so on.'

Psychiatrist says Pauline Hanna at higher risk of suicide

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.

Psychiatrist Dr Olav Neilssen said he disagreed with Hanna's GP for prescribing these medications in combination over an extensive period of time.

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.

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.

Lead up to Pauline Hanna’s death

Pauline Hanna’s hairdresser of 25 years, Anne Millar, the former owner of HeadQuarters in Remuera beamed into the courtroom via a video link from Cornwall in the United Kingdom where she is holidaying.

Millar said at an appointment on February 6, Hanna seemed “fine”.

The hairdresser said Hanna always turned up to appointments “immaculate”.

Hanna used to visit the salon about every four weeks, usually on a Thursday night. However when the Covid-19 demands increased on Hanna, she would come on a Saturday and would often be working during the appointments.

Under cross-examination, Crown prosecutor Brian Dickey asked if Hanna presented as a busy, professional woman.

Millar said 'absolutely' and agreed she was a lovely woman.

Dickey asked if Hanna was positive in her outlook and attitudes, to which Millar agreed and said remained positive right up to the last time she saw her in March 2021.

The hairdresser said Hanna was looking forward to a 4WD trip with friends and enjoying family life with the arrival of a grandchild.

The trial, will continued on Monday, before Justice Graham Lang and a jury.