1
00:00:00,200 --> 00:00:03,160
Speaker 1: Here in New Zealand. The fate of Philip Polkinghorn now

2
00:00:03,240 --> 00:00:06,480
Speaker 1: lies in a jury of eight women and three men.

3
00:00:07,240 --> 00:00:09,200
Speaker 1: We could have a verdict by today or in the

4
00:00:09,240 --> 00:00:11,160
Speaker 1: next couple of days. And the murder trial over the

5
00:00:11,160 --> 00:00:13,880
Speaker 1: death of his wife Pauline Hannah in twenty twenty one,

6
00:00:14,200 --> 00:00:18,160
Speaker 1: seven weeks eighty witnesses. The jury is out for deliberation

7
00:00:18,600 --> 00:00:21,080
Speaker 1: and Craig Capitana is with us. He's the New Zealand

8
00:00:21,079 --> 00:00:21,960
Speaker 1: Herald court reporter.

9
00:00:22,079 --> 00:00:25,360
Speaker 2: Craig. Good morning, morning, Ryan, how are you very well?

10
00:00:25,400 --> 00:00:30,560
Speaker 1: Thanks for being with me. What is this jury deciding on? Basically?

11
00:00:30,680 --> 00:00:34,640
Speaker 1: Is it essentially was this murder or was this suicide?

12
00:00:36,040 --> 00:00:41,080
Speaker 2: Yeah? The councils this is a very binary decision. The facts,

13
00:00:41,080 --> 00:00:43,640
Speaker 2: the way the house was found. They really only have

14
00:00:43,680 --> 00:00:45,880
Speaker 2: two decisions. Is a murder of suicide.

15
00:00:47,040 --> 00:00:50,560
Speaker 1: Is and if there's a chance that this was suicide.

16
00:00:51,479 --> 00:00:56,000
Speaker 1: Are they not able to find Philip Polkinghorn guilty of murder?

17
00:00:57,880 --> 00:01:00,640
Speaker 2: Well, they do have a lesser charge they can they

18
00:01:00,680 --> 00:01:04,280
Speaker 2: can vote on, which is manslaughter. But that hasn't really

19
00:01:04,319 --> 00:01:07,840
Speaker 2: been discussed by the Crown or the defense and closing arguments.

20
00:01:08,360 --> 00:01:12,039
Speaker 2: Uh so that's more of a technicality really. I would

21
00:01:12,080 --> 00:01:17,880
Speaker 2: imagine there they will definitely be coming back with a

22
00:01:18,000 --> 00:01:21,039
Speaker 2: guilty or not guilty to murder it appears, and if

23
00:01:21,040 --> 00:01:23,240
Speaker 2: it's not guilty, there's a very good chance he'll be

24
00:01:23,240 --> 00:01:23,760
Speaker 2: walking out of the.

25
00:01:23,720 --> 00:01:27,040
Speaker 1: Courtroom, and that could be happening as early today. I mean,

26
00:01:27,240 --> 00:01:29,240
Speaker 1: it's a stupid question to ask, how long do you

27
00:01:29,240 --> 00:01:31,280
Speaker 1: deliver right for? How long is a pace of strength?

28
00:01:32,240 --> 00:01:38,160
Speaker 2: Yeah, it's anybody's guess, but if I had, if I

29
00:01:38,200 --> 00:01:41,520
Speaker 2: had guess, I'd say it's not gonna be quick. But

30
00:01:42,319 --> 00:01:44,000
Speaker 2: that comes with the caveat that I'm almost one hundred

31
00:01:44,000 --> 00:01:45,560
Speaker 2: percent wrong on these guesses, so who knows.

32
00:01:47,200 --> 00:01:48,240
Speaker 1: I appreciate honest.

33
00:01:49,000 --> 00:01:52,360
Speaker 2: Yeah, if they do go past today, court won't be

34
00:01:52,360 --> 00:01:56,960
Speaker 2: sitting tomorrow, so we'll stretch into week nine. If if

35
00:01:56,960 --> 00:01:57,880
Speaker 2: it takes more than to day.

36
00:01:58,760 --> 00:02:03,240
Speaker 1: Took us through the units versus majority voterict, what you

37
00:02:03,320 --> 00:02:06,160
Speaker 1: need to get and how that operates.

38
00:02:06,760 --> 00:02:10,840
Speaker 2: Well, they're gonna have to sit and work towards an

39
00:02:11,040 --> 00:02:15,640
Speaker 2: unanimous for quite a while. That's I think the minimum

40
00:02:15,639 --> 00:02:19,960
Speaker 2: is four hours, but usually it's much longer. If they

41
00:02:19,960 --> 00:02:24,880
Speaker 2: can't make a decision by then, the judge will give

42
00:02:24,919 --> 00:02:28,360
Speaker 2: them a direction that they can at some point they

43
00:02:28,400 --> 00:02:32,280
Speaker 2: can have a unanimous verdict instead, which only allows one

44
00:02:32,320 --> 00:02:36,080
Speaker 2: person to dissent. So we started out with twelve jurors,

45
00:02:36,160 --> 00:02:39,440
Speaker 2: but one juror was dismissed a couple of weeks ago

46
00:02:39,440 --> 00:02:42,360
Speaker 2: because this trial has run so long, so we have

47
00:02:42,400 --> 00:02:47,160
Speaker 2: eleven jurors. Now, technically we could have a ten to

48
00:02:47,200 --> 00:02:50,919
Speaker 2: one vote for guilty or not guilty and with the

49
00:02:50,960 --> 00:02:53,120
Speaker 2: good go, but that's going to be a little bit

50
00:02:53,160 --> 00:02:53,720
Speaker 2: down the track.

51
00:02:53,919 --> 00:02:55,840
Speaker 1: Yeah, And if that's not possible, then we get to

52
00:02:55,880 --> 00:02:58,560
Speaker 1: a hung jury and then we get to a potential retrial.

53
00:02:58,639 --> 00:02:59,919
Speaker 1: That way, we're in that territory.

54
00:03:00,320 --> 00:03:01,400
Speaker 2: Yes, don't remind me of that.

55
00:03:03,240 --> 00:03:05,560
Speaker 1: Craig, thank you very much for that. Great to understand

56
00:03:05,560 --> 00:03:08,240
Speaker 1: and talk through exactly what people can expect from this decision,

57
00:03:08,240 --> 00:03:10,679
Speaker 1: which we, as you say, may get today, may get

58
00:03:10,760 --> 00:03:13,639
Speaker 1: next week. Craig Capitan with US New Zealand Herald court

59
00:03:13,680 --> 00:03:17,520
Speaker 1: reporter covering the Polkinghorn trial. For more from News Talk

60
00:03:17,600 --> 00:03:20,880
Speaker 1: sed B, listen live on air or online, and keep

61
00:03:20,919 --> 00:03:23,679
Speaker 1: our shows with you wherever you go with our podcasts

62
00:03:23,720 --> 00:03:24,760
Speaker 1: on Irradio