1 00:00:08,560 --> 00:00:12,000 Speaker 1: Kyoda. I'm Chelsea Daniels and from the team behind the 2 00:00:12,039 --> 00:00:16,239 Speaker 1: front page. The New Zealand Herald's daily news podcast, This 3 00:00:16,680 --> 00:00:22,400 Speaker 1: Is Accused The Polkinghorn trial. Over several weeks, in conjunction 4 00:00:22,480 --> 00:00:26,320 Speaker 1: with our usual daily episodes, will be bringing you regular 5 00:00:26,400 --> 00:00:28,920 Speaker 1: coverage as one of the most high profile trials of 6 00:00:28,960 --> 00:00:32,120 Speaker 1: the year makes its way through the High Court at Auckland. 7 00:00:32,800 --> 00:00:40,080 Speaker 1: A warning, this podcast contains disturbing content. Week six of 8 00:00:40,159 --> 00:00:44,280 Speaker 1: the trial of Philip Polkinghorn continued with the defense's case. 9 00:00:44,840 --> 00:00:48,080 Speaker 1: The former Auckland eye surgeon is accused of murdering his wife, 10 00:00:48,240 --> 00:00:52,080 Speaker 1: Pauline Hannah, who was found dead on April fifth, twenty 11 00:00:52,200 --> 00:00:57,240 Speaker 1: twenty one. He maintains she took her own life. Witnesses 12 00:00:57,280 --> 00:01:00,640 Speaker 1: for the defense revealed a different side to polking Horn 13 00:01:00,800 --> 00:01:04,720 Speaker 1: then what we've previously heard, with former colleagues and neighbors 14 00:01:04,760 --> 00:01:08,920 Speaker 1: describing him as funny, generous and caring, while the case 15 00:01:08,959 --> 00:01:12,560 Speaker 1: took another dive into the couple's accounts, electricity usage the 16 00:01:12,600 --> 00:01:16,240 Speaker 1: morning Hannah died and the reappearance of a red mark 17 00:01:16,360 --> 00:01:20,679 Speaker 1: on the stairs, and the defense pathologist weighed in as well. 18 00:01:27,959 --> 00:01:31,959 Speaker 1: Day twenty four started with an ophthalmologist the man is 19 00:01:32,000 --> 00:01:35,759 Speaker 1: intending to seek permanent name suppression, so we can't reveal 20 00:01:35,840 --> 00:01:40,319 Speaker 1: much about him, including his sub speciality. The man, like 21 00:01:40,440 --> 00:01:43,640 Speaker 1: all defense witnesses so far in the trial, declined to 22 00:01:43,640 --> 00:01:47,400 Speaker 1: be filmed or recorded, but we can still report on 23 00:01:47,480 --> 00:01:51,160 Speaker 1: what they said. The witness said he's known the defendant 24 00:01:51,200 --> 00:01:55,200 Speaker 1: since Polkinghorn was completing his training in London in the 25 00:01:55,240 --> 00:01:59,600 Speaker 1: early nineteen nineties. The witness says he met Pauline Hannah 26 00:01:59,680 --> 00:02:02,720 Speaker 1: in the mid nineteen nineties when she was a manager 27 00:02:02,760 --> 00:02:06,160 Speaker 1: of the eye department at Auckland Hospital, before she went 28 00:02:06,160 --> 00:02:09,120 Speaker 1: on to work with the county's Monaco DHB, where she 29 00:02:09,240 --> 00:02:13,200 Speaker 1: remained until her death. Defense lawyer Ron Mansfield asked about 30 00:02:13,240 --> 00:02:17,920 Speaker 1: Polkinghorn's reputation. The witness agrees he was respected as an 31 00:02:17,919 --> 00:02:22,000 Speaker 1: expert in his sub specialty and his standing was reflected 32 00:02:22,040 --> 00:02:26,840 Speaker 1: by invitations to speak overseas. Polkinghorn had founded the business 33 00:02:26,840 --> 00:02:30,480 Speaker 1: that became Auckland I in two thousand and he worked 34 00:02:30,520 --> 00:02:33,400 Speaker 1: in other parts of the country providing services as well. 35 00:02:33,760 --> 00:02:37,280 Speaker 1: He gained an associate professorship at the University of Auckland too. 36 00:02:37,840 --> 00:02:40,919 Speaker 1: The witness said that Hannah would travel with Polkinghorn regularly 37 00:02:40,960 --> 00:02:45,520 Speaker 1: for those overseas trips. Mansfield asked about the witness's personal 38 00:02:45,560 --> 00:02:49,120 Speaker 1: relationship with Polkinghorn. He says they would sometimes see each 39 00:02:49,160 --> 00:02:52,519 Speaker 1: other on holiday and on other social occasions, maybe once 40 00:02:52,600 --> 00:02:55,880 Speaker 1: or twice a year. The majority of their social interactions 41 00:02:55,919 --> 00:03:00,120 Speaker 1: were via their professional work at functions organized by auckland I. 42 00:03:00,760 --> 00:03:04,720 Speaker 1: The witness became a trustee on one of Polkinghorn's various trusts. 43 00:03:06,040 --> 00:03:08,840 Speaker 1: When he became the trustee, it was the fashion for 44 00:03:08,880 --> 00:03:12,160 Speaker 1: there to be someone outside the trust to be a trustee, 45 00:03:12,480 --> 00:03:15,720 Speaker 1: someone trusted by a family. I saw my role as 46 00:03:15,760 --> 00:03:18,359 Speaker 1: a tie breaker if there was a need, he said. 47 00:03:18,840 --> 00:03:21,320 Speaker 1: In twenty nineteen, he asked to be removed from the 48 00:03:21,360 --> 00:03:24,560 Speaker 1: trust due to an increasing pressure in general in New 49 00:03:24,639 --> 00:03:28,919 Speaker 1: Zealand on trustees to be more involved. He was contacted 50 00:03:28,919 --> 00:03:31,840 Speaker 1: by Hannah in August twenty twenty and asked if he 51 00:03:31,840 --> 00:03:36,200 Speaker 1: could sign something for the trust. In March twenty twenty one, 52 00:03:36,280 --> 00:03:39,960 Speaker 1: the month before Hannah's death, the witness had further contact 53 00:03:40,040 --> 00:03:42,960 Speaker 1: with Hannah regarding documents so he could finally come off 54 00:03:42,960 --> 00:03:46,680 Speaker 1: the trust as a trustee. Hannah brought the document about 55 00:03:46,720 --> 00:03:50,040 Speaker 1: midday to their practice and she signed it in February 56 00:03:50,120 --> 00:03:52,720 Speaker 1: twenty twenty one, the witness and his wife had dinner 57 00:03:52,760 --> 00:03:55,440 Speaker 1: with polking Horn and Hannah at their Rings Beach batch. 58 00:03:55,960 --> 00:03:59,280 Speaker 1: It was a pleasant night, he said, though finished early 59 00:03:59,360 --> 00:04:02,440 Speaker 1: so Hannah would visit her gravely ill mother. The witness 60 00:04:02,440 --> 00:04:06,240 Speaker 1: didn't notice anything out of the ordinary that night. Moving 61 00:04:06,240 --> 00:04:09,960 Speaker 1: ahead to the day Hannah died. April fifth, twenty twenty one, 62 00:04:10,360 --> 00:04:12,840 Speaker 1: the witness heard from someone at Auckland Eye that Hannah 63 00:04:12,840 --> 00:04:16,680 Speaker 1: had committed suicide. The witness messaged Polkinghorn to express his 64 00:04:16,760 --> 00:04:21,000 Speaker 1: condolences and asked if he wanted to meet. Polkinghorn contacted 65 00:04:21,040 --> 00:04:25,039 Speaker 1: the witness on April sixth and was distraught. It was 66 00:04:25,080 --> 00:04:28,000 Speaker 1: one of the worst conversations I've had, the witness said. 67 00:04:28,680 --> 00:04:31,760 Speaker 1: At the end of the difficult conversation, Polkinghorn asked him 68 00:04:31,800 --> 00:04:34,360 Speaker 1: to be a poll bearer. He said he was assisting 69 00:04:34,400 --> 00:04:37,120 Speaker 1: police in their inquiries and had been asked a lot 70 00:04:37,160 --> 00:04:41,400 Speaker 1: about their relationship. Mansfield asked the witness if he'd ever 71 00:04:41,440 --> 00:04:44,960 Speaker 1: seen Polkinghorn use or be under the influence of any 72 00:04:45,040 --> 00:04:50,880 Speaker 1: controlled drugs, to which he said no. Prosecutor Brian Dickie 73 00:04:50,960 --> 00:04:55,000 Speaker 1: then began his cross examination, asking if Hannah did most 74 00:04:55,000 --> 00:04:57,680 Speaker 1: of the running around for the couple regarding the trusts. 75 00:04:58,040 --> 00:05:00,920 Speaker 1: The witness agreed and said he had very little understanding 76 00:05:00,960 --> 00:05:03,880 Speaker 1: of the trust and its accounting and didn't know enough 77 00:05:03,880 --> 00:05:07,960 Speaker 1: to answer anything about assets or financials. The witness isn't 78 00:05:08,000 --> 00:05:11,920 Speaker 1: aware of Polkinghorn's relationship with Madison Ashton. I found out 79 00:05:11,920 --> 00:05:14,719 Speaker 1: about that about the same time as everyone else in Auckland. 80 00:05:14,720 --> 00:05:18,720 Speaker 1: He said. He was also unaware of Polkinghorn using methanphetamine. 81 00:05:19,240 --> 00:05:22,359 Speaker 1: The witness again agrees it was remarkable the amount of 82 00:05:22,400 --> 00:05:26,160 Speaker 1: time Hannah spent at County's Monaco DHB and said it 83 00:05:26,240 --> 00:05:29,560 Speaker 1: was a hard job. There are cuts every six months. 84 00:05:29,600 --> 00:05:33,040 Speaker 1: People are leaning on you to increase volumes and reduce costs. 85 00:05:33,520 --> 00:05:36,600 Speaker 1: She would have had a tough job, he said. Mansfield 86 00:05:36,680 --> 00:05:41,000 Speaker 1: then asked more questions about Hannah's COVID role. She discussed 87 00:05:41,040 --> 00:05:44,200 Speaker 1: it at the Rings Beach batch dinner, the witness said, 88 00:05:44,680 --> 00:05:48,279 Speaker 1: and he said it sounded terrible the calls she was getting, 89 00:05:48,440 --> 00:05:50,599 Speaker 1: the fact that she was having to manage this kind 90 00:05:50,600 --> 00:05:53,800 Speaker 1: of thing with one arm tied behind her back. It 91 00:05:53,880 --> 00:05:56,680 Speaker 1: was very political. I know that she was under a 92 00:05:56,680 --> 00:06:04,880 Speaker 1: lot of stress, he said. The next witness was Sharon Jenkins, 93 00:06:04,880 --> 00:06:09,039 Speaker 1: a receptionist at Auckland Eye between twenty fourteen and twenty 94 00:06:09,120 --> 00:06:13,000 Speaker 1: twenty two. She told defense barrister Harrison Smith that she 95 00:06:13,120 --> 00:06:16,520 Speaker 1: was one of seven receptionists and one of abround seventy 96 00:06:16,640 --> 00:06:20,880 Speaker 1: people who worked at Auckland Eye and Oasis Surgical. After 97 00:06:20,960 --> 00:06:24,440 Speaker 1: a restructure in twenty nineteen, she was assigned to work 98 00:06:24,480 --> 00:06:28,360 Speaker 1: specifically with Polkinghorn and two other doctors. One of her 99 00:06:28,440 --> 00:06:32,840 Speaker 1: duties involved looking after Polkinghorn's outer clinics and Pappatoy Toy 100 00:06:33,120 --> 00:06:37,360 Speaker 1: and funger Ay, organizing administrative tasks, and preparing his lists. 101 00:06:37,880 --> 00:06:40,799 Speaker 1: Jenkins had a house sitting arrangement with Polkinghorn and Hannah 102 00:06:40,839 --> 00:06:45,400 Speaker 1: over Christmas each year, beginning in twenty seventeen. Polkinghorn had 103 00:06:45,400 --> 00:06:47,680 Speaker 1: come to the reception and asked if someone could house 104 00:06:47,680 --> 00:06:51,279 Speaker 1: sit over Christmas. When she arrived, Hannah took Jenkins on 105 00:06:51,320 --> 00:06:54,520 Speaker 1: a tour around the house and showed her the two cats, 106 00:06:54,920 --> 00:06:57,680 Speaker 1: the pop plants she had to water, which bedroom she 107 00:06:57,720 --> 00:07:01,680 Speaker 1: could sleep in. Jenkins was shown the which had laundry 108 00:07:01,680 --> 00:07:04,800 Speaker 1: in it that day. They didn't have a physical outside line, 109 00:07:04,839 --> 00:07:08,560 Speaker 1: so it was always in the dryer, Jenkins said. Smith 110 00:07:08,680 --> 00:07:12,200 Speaker 1: asked what security measures Hannah described to Jenkins on her 111 00:07:12,240 --> 00:07:15,680 Speaker 1: initial tour of the house, Jenkins says she showed her 112 00:07:15,720 --> 00:07:19,680 Speaker 1: the main alarm and keypads around the house. Smith later 113 00:07:19,720 --> 00:07:23,040 Speaker 1: referred to photos of the master and guest bedroom, which 114 00:07:23,080 --> 00:07:26,880 Speaker 1: both contained a red button. Smith referred to them as 115 00:07:26,920 --> 00:07:30,760 Speaker 1: panic buttons, but Justice Lang asked Jenkins what she understood 116 00:07:30,800 --> 00:07:34,120 Speaker 1: them to be. She said she wasn't sure, but had 117 00:07:34,160 --> 00:07:37,160 Speaker 1: called them panic buttons in her police statement in April 118 00:07:37,200 --> 00:07:41,080 Speaker 1: twenty twenty one that initial house sitting went well and 119 00:07:41,200 --> 00:07:44,400 Speaker 1: led to Jenkins doing it again over the next several years. 120 00:07:44,840 --> 00:07:48,000 Speaker 1: She said that Polkinghorn had a good relationship with staff 121 00:07:48,040 --> 00:07:51,480 Speaker 1: at Auckland Eye, that patients loved him, and he and 122 00:07:51,520 --> 00:07:55,840 Speaker 1: Hannah were very kind and generous. She said when Polkinghorn 123 00:07:55,920 --> 00:07:59,240 Speaker 1: came to the clinic after Hannah's death, he was distraught 124 00:07:59,320 --> 00:08:03,360 Speaker 1: and had clearly been crying. In his cross examination, prosecutor 125 00:08:03,400 --> 00:08:07,480 Speaker 1: Brian Dicky asked Jenkins about Polkinghorn's weight loss. She said 126 00:08:07,480 --> 00:08:10,960 Speaker 1: it was noticeable and seemed quite sudden. Asked if she 127 00:08:11,000 --> 00:08:14,040 Speaker 1: had worked out the red buttons were panic buttons or 128 00:08:14,120 --> 00:08:17,120 Speaker 1: if she'd just been told that. Jenkins said her ex 129 00:08:17,240 --> 00:08:19,640 Speaker 1: partner had looked at them and told her they were 130 00:08:19,680 --> 00:08:23,280 Speaker 1: panic buttons. Smith then asked a follow up question on 131 00:08:23,600 --> 00:08:27,320 Speaker 1: when she noticed Polkinghorn's weight loss. Jenkins said it was 132 00:08:27,360 --> 00:08:30,840 Speaker 1: around twenty eighteen and it was quite dramatic, to the 133 00:08:30,880 --> 00:08:37,720 Speaker 1: point she wondered if he had cancer. The next witness 134 00:08:37,840 --> 00:08:41,240 Speaker 1: was Leoni Darlington, who worked at auckland I from two 135 00:08:41,280 --> 00:08:45,240 Speaker 1: thousand and four to twenty twenty two in various roles, 136 00:08:45,280 --> 00:08:48,520 Speaker 1: including as a theater hostess and as a surgical booker 137 00:08:48,559 --> 00:08:52,680 Speaker 1: at Oasis Surgical, the specialist surgical center built by auckland 138 00:08:52,679 --> 00:08:55,679 Speaker 1: Ie in twenty ten. He was very good to work with. 139 00:08:56,000 --> 00:08:58,839 Speaker 1: He was a perfectionist. He had a very high standard 140 00:08:59,120 --> 00:09:01,360 Speaker 1: and he expected that from his staff as well. She 141 00:09:01,400 --> 00:09:04,000 Speaker 1: said they had a good rapport and he would come 142 00:09:04,040 --> 00:09:07,120 Speaker 1: to her for all of his bookings. Darlington said he 143 00:09:07,200 --> 00:09:10,680 Speaker 1: was polite, courteous and generous to staff and to patients 144 00:09:11,080 --> 00:09:14,320 Speaker 1: and would do anything for them, including sometimes foregoing his 145 00:09:14,440 --> 00:09:18,079 Speaker 1: surgeon's fee so a patient could undergo an important surgery. 146 00:09:18,640 --> 00:09:21,360 Speaker 1: She said she never saw him under the influence of drugs. 147 00:09:22,000 --> 00:09:25,000 Speaker 1: Under cross examination from the Crown, she said she was 148 00:09:25,200 --> 00:09:30,400 Speaker 1: not looking for signs of intoxication. Next was Gillian Mary Blakely, 149 00:09:30,880 --> 00:09:36,040 Speaker 1: a registered nurse specializing in ophthalmology. She met Polkinghorn in 150 00:09:36,160 --> 00:09:39,440 Speaker 1: late nineteen ninety one when she was a junior theater 151 00:09:39,600 --> 00:09:43,360 Speaker 1: nurse assisting Polkinghorn in surgeries. Blakely says she used to 152 00:09:43,440 --> 00:09:46,720 Speaker 1: order Polkinghorn's stock and supplies for the theater and helped 153 00:09:46,760 --> 00:09:49,319 Speaker 1: him with teaching staff as the years went on. He 154 00:09:49,480 --> 00:09:53,280 Speaker 1: was very dedicated, very committed. He always had the patient's 155 00:09:53,320 --> 00:09:56,719 Speaker 1: interest at heart, and I really respected him for those attributes, 156 00:09:56,760 --> 00:10:00,200 Speaker 1: she said. Blakely started doing morning shifts at ORCA and 157 00:10:00,240 --> 00:10:04,720 Speaker 1: I in nineteen ninety seven. Ultimately, she worked with Polkinghorn 158 00:10:04,760 --> 00:10:07,600 Speaker 1: for the best part of twenty seven years. She would 159 00:10:07,600 --> 00:10:10,280 Speaker 1: be in surgery with him once a week over that period. 160 00:10:10,679 --> 00:10:13,400 Speaker 1: They had a good working relationship, she said. She said 161 00:10:13,440 --> 00:10:16,560 Speaker 1: he could get a bit rattled during stressful moments. He 162 00:10:16,760 --> 00:10:19,679 Speaker 1: liked people to be interested in the case and preferred 163 00:10:19,800 --> 00:10:23,720 Speaker 1: silence in the theater when operating. Like earlier witnesses, She 164 00:10:23,880 --> 00:10:27,240 Speaker 1: says he had a great relationship with his patients. She 165 00:10:27,320 --> 00:10:30,920 Speaker 1: said Polkinghorn did not share much about his home life 166 00:10:30,960 --> 00:10:34,640 Speaker 1: beyond surface level friendly chats, and she didn't notice his 167 00:10:34,679 --> 00:10:42,440 Speaker 1: weight loss. Theatre scrubs are theater scrubs, she said. Defense 168 00:10:42,520 --> 00:10:46,880 Speaker 1: lawyer Ron Mansfield next called Tony Robert Glucina. He's an 169 00:10:46,880 --> 00:10:51,920 Speaker 1: investment advisor at JB Whirr, which manages seventeen billion dollars 170 00:10:51,960 --> 00:10:56,040 Speaker 1: of trusts for New Zealand clients. The trial heard earlier 171 00:10:56,080 --> 00:10:59,960 Speaker 1: Polkinghorn had invested about five hundred thousand dollars of proceed 172 00:11:00,360 --> 00:11:03,320 Speaker 1: from the sale of a Pappatoy toy rental property into 173 00:11:03,360 --> 00:11:07,320 Speaker 1: that managed fund with JB Whirr. Glucina says JBI Werer 174 00:11:07,400 --> 00:11:10,760 Speaker 1: had provided services to Polkinghorn and Hannah for about ten 175 00:11:10,880 --> 00:11:14,400 Speaker 1: years and that he dealt primarily with Polkinghorn as the 176 00:11:14,440 --> 00:11:18,920 Speaker 1: investments were registered in his name. Asked about separations, he 177 00:11:19,000 --> 00:11:22,079 Speaker 1: said that's common and even if the investment is held 178 00:11:22,080 --> 00:11:26,360 Speaker 1: in one of the couple's names, it's considered shared matrimonial property. 179 00:11:27,040 --> 00:11:29,760 Speaker 1: He met Hannah at a Christmas function where she accompanied 180 00:11:29,800 --> 00:11:33,400 Speaker 1: Polkinghorn and Glucina and his partner, Buffy, a well known 181 00:11:33,480 --> 00:11:38,560 Speaker 1: naturopath and nutritionist, had also socialized with the couple. Polkinghorn 182 00:11:38,559 --> 00:11:41,520 Speaker 1: invited the couple to a dinner in January twenty twenty 183 00:11:41,559 --> 00:11:44,520 Speaker 1: one at the Rings Beach Batch. He said it was 184 00:11:44,520 --> 00:11:47,800 Speaker 1: a good dinner, but his partner noticed Hannah didn't eat anything, 185 00:11:48,280 --> 00:11:52,760 Speaker 1: despite there being three courses and a substantial dessert. Polkinghorn 186 00:11:52,880 --> 00:11:55,680 Speaker 1: is flamboyant, he said, and gave them a tour of 187 00:11:55,720 --> 00:11:58,600 Speaker 1: the house, which they were very proud of. He didn't 188 00:11:58,600 --> 00:12:02,280 Speaker 1: observe Polkinghorn treating Hannah badly, and it didn't seem that 189 00:12:02,320 --> 00:12:05,720 Speaker 1: there was any secret about Polkinghorn's investment with JB. Whirr. 190 00:12:06,480 --> 00:12:10,120 Speaker 1: The Crown in their case had repeatedly suggested Polkinghorn was 191 00:12:10,200 --> 00:12:14,600 Speaker 1: squirreling away money that was at least partly Hannah's, including 192 00:12:14,679 --> 00:12:19,920 Speaker 1: transferring her salary to accounts he controlled. Crown Prosecutor Brian 193 00:12:19,960 --> 00:12:23,000 Speaker 1: Dickie then asked Lucina if he ever discussed the JB 194 00:12:23,120 --> 00:12:26,240 Speaker 1: were accounts when he met with Hannah socially. He said 195 00:12:26,280 --> 00:12:29,640 Speaker 1: he didn't. He said that Polkinghorn did not act out 196 00:12:29,720 --> 00:12:32,040 Speaker 1: of the ordinary when they met him at Rings Beach. 197 00:12:32,600 --> 00:12:34,920 Speaker 1: He said that he was told at the dinner that 198 00:12:34,960 --> 00:12:42,520 Speaker 1: Hannah was stressed. The next witness was doctor Timothy Scanlon, 199 00:12:42,880 --> 00:12:45,640 Speaker 1: who appeared via audio visual link from his home in 200 00:12:45,760 --> 00:12:50,400 Speaker 1: New Orleans. He runs a forensic consulting firm providing services 201 00:12:50,400 --> 00:12:54,280 Speaker 1: and training to crime labs. He worked for the Jefferson 202 00:12:54,360 --> 00:12:58,880 Speaker 1: Parish Sheriff's office for more than twenty years. After Polkinghorn 203 00:12:58,920 --> 00:13:01,680 Speaker 1: had been charged with mer in August twenty twenty two, 204 00:13:02,240 --> 00:13:05,360 Speaker 1: he was instructed to provide assistance, including to travel to 205 00:13:05,360 --> 00:13:08,320 Speaker 1: the Upland Road property and review it as a crime scene. 206 00:13:08,640 --> 00:13:12,360 Speaker 1: He visited the scene on March eighth and ninth last year. 207 00:13:12,920 --> 00:13:15,600 Speaker 1: When he was at the property, he found an area 208 00:13:15,679 --> 00:13:18,440 Speaker 1: with a mark and a blood stain or smear. He 209 00:13:18,520 --> 00:13:21,760 Speaker 1: collected the sample, he told the court. Defense lawyer Ron 210 00:13:21,800 --> 00:13:24,640 Speaker 1: Mansfield showed the photo to the court via the screens 211 00:13:24,679 --> 00:13:27,120 Speaker 1: in the courtroom. It's an image of a set of 212 00:13:27,160 --> 00:13:30,520 Speaker 1: three stairs just off the kitchen, between the kitchen and 213 00:13:30,559 --> 00:13:35,400 Speaker 1: the garage. The mark, which appeared to Scanlan as potentially blood, 214 00:13:35,960 --> 00:13:38,080 Speaker 1: was on the second step from the ground, on the 215 00:13:38,160 --> 00:13:42,560 Speaker 1: lightwood paneling on the right of the staircase. Earlier in 216 00:13:42,600 --> 00:13:45,240 Speaker 1: the trial, we heard about this mark from s A 217 00:13:45,360 --> 00:13:50,400 Speaker 1: forensic scientist Fiona Matheson. The mark was tested after Hannah's death, 218 00:13:50,800 --> 00:13:54,440 Speaker 1: and in a photograph from April twenty twenty one, the 219 00:13:54,520 --> 00:13:57,040 Speaker 1: mark resembled a red line with a gap in it 220 00:13:57,559 --> 00:14:01,120 Speaker 1: with a black mark running through. Athson didn't test the 221 00:14:01,160 --> 00:14:04,199 Speaker 1: mark for DNA at the time, as the area tested 222 00:14:04,280 --> 00:14:08,920 Speaker 1: negative for blood. In the photo taken from twenty twenty three, 223 00:14:09,160 --> 00:14:12,520 Speaker 1: the black mark appears to have a slightly different appearance 224 00:14:12,600 --> 00:14:16,280 Speaker 1: with the passage of time, as Mansfield puts it. He noted, 225 00:14:16,360 --> 00:14:19,760 Speaker 1: and Scanlon agreed that police had said they had put 226 00:14:19,880 --> 00:14:25,040 Speaker 1: commercial cleaners through the property. Scanlan says he documented the 227 00:14:25,080 --> 00:14:28,240 Speaker 1: mark with photography and swabbed it for future DNA testing. 228 00:14:28,600 --> 00:14:30,560 Speaker 1: He said the sample was sent to a lab in 229 00:14:30,680 --> 00:14:34,280 Speaker 1: Virginia for testing. Two samples was sent to the lab, 230 00:14:34,640 --> 00:14:37,840 Speaker 1: the blood like substance he recovered from the stair and 231 00:14:37,920 --> 00:14:42,400 Speaker 1: a reference sample from Philip J. Polkinghorn. Scanlan says the 232 00:14:42,480 --> 00:14:45,560 Speaker 1: first sample was positive for blood and came back as 233 00:14:45,560 --> 00:14:50,240 Speaker 1: a match to Polkinghorn's DNA. Under cross examination, Crown Prosecutor 234 00:14:50,240 --> 00:14:53,080 Speaker 1: Brian Dickey asked who was present when he visited the 235 00:14:53,160 --> 00:14:57,479 Speaker 1: Upland Road property in March twenty twenty three. Zalie Burrows 236 00:14:57,600 --> 00:15:01,600 Speaker 1: and Polkinghorn were there. Scanlon said the trial already heard 237 00:15:01,760 --> 00:15:06,680 Speaker 1: Zalie Burrows was Madison Ashton's lawyer who she recommended to Polkinghorn. 238 00:15:07,080 --> 00:15:10,040 Speaker 1: Dickie asked if there was a risk of contamination if 239 00:15:10,080 --> 00:15:14,560 Speaker 1: there's a long delay between scene examinations. Scanlon agreed. Would 240 00:15:14,560 --> 00:15:18,040 Speaker 1: that risk be heightened if that suspect had access to 241 00:15:18,120 --> 00:15:21,720 Speaker 1: the scene, Dickie asked. Scanlon said, he thinks that would 242 00:15:21,720 --> 00:15:25,640 Speaker 1: be fair to say. Dickie asked about the ESR examination 243 00:15:25,760 --> 00:15:30,160 Speaker 1: of the home. He recapped that Fiona Matheson had testified earlier. 244 00:15:30,560 --> 00:15:33,760 Speaker 1: Reading one bit of her testimony, I have not detected 245 00:15:33,800 --> 00:15:37,320 Speaker 1: any blood in that area. Now, two years later, you've 246 00:15:37,360 --> 00:15:42,200 Speaker 1: detected blood in that area, Dickie asked, that's correct, Scandlon said. 247 00:15:42,640 --> 00:15:46,400 Speaker 1: Dickie moved on to the two photos. Scanlon agreed that 248 00:15:46,440 --> 00:15:51,080 Speaker 1: they are different in appearance. Miraculously, on the right we've 249 00:15:51,080 --> 00:15:54,160 Speaker 1: got two tracks of red showing, whereas on the left 250 00:15:54,360 --> 00:15:59,080 Speaker 1: there's only one line, Dickie said. Scanlon agreed that the 251 00:15:59,080 --> 00:16:02,320 Speaker 1: second photo from twenty twenty three, the mark appears to 252 00:16:02,360 --> 00:16:05,520 Speaker 1: have been altered, but it's of the same length, at 253 00:16:05,560 --> 00:16:08,320 Speaker 1: the same position and has the same void in the middle. 254 00:16:08,760 --> 00:16:11,800 Speaker 1: But said Dickie, it's not as if the mark has 255 00:16:11,880 --> 00:16:15,760 Speaker 1: been smudged while cleaning. Dickie then asked that could have 256 00:16:15,800 --> 00:16:19,880 Speaker 1: come from contamination of the scene, couldn't it. Yes, that's 257 00:16:19,880 --> 00:16:24,160 Speaker 1: a possibility, Scanlan said. Dickie said he's not contesting that 258 00:16:24,200 --> 00:16:27,280 Speaker 1: it's got Polkinghorn's blood on it, but that he's asking 259 00:16:27,320 --> 00:16:31,360 Speaker 1: about the fact there are two different stains different in appearance. 260 00:16:31,880 --> 00:16:35,240 Speaker 1: Dickie said one stain has one line and the latter 261 00:16:35,280 --> 00:16:38,840 Speaker 1: photo of the stain has two lines. Scanlon said it's 262 00:16:38,920 --> 00:16:43,240 Speaker 1: fair that the risk of interference and contamination is exacerbated 263 00:16:43,280 --> 00:16:46,240 Speaker 1: if the suspect has access to the scene over that period. 264 00:16:46,720 --> 00:16:50,120 Speaker 1: Ron Mansfield then asked why Scanlon put the photo from 265 00:16:50,120 --> 00:16:53,320 Speaker 1: the police in his report. Scanlon said he noticed it 266 00:16:53,320 --> 00:16:56,320 Speaker 1: looked like it had been altered, so he specifically put 267 00:16:56,360 --> 00:16:58,280 Speaker 1: that in his report to bring it to the attention 268 00:16:58,400 --> 00:17:00,840 Speaker 1: of the court. He said new fr things could have 269 00:17:00,840 --> 00:17:04,760 Speaker 1: happened after the stain. Mansfield then refers to Fiona Matheson's 270 00:17:04,760 --> 00:17:08,359 Speaker 1: earlier testimony. She said she didn't take samples from the 271 00:17:08,359 --> 00:17:15,760 Speaker 1: wooden area, and Scanlan said that's his understanding too. The 272 00:17:15,840 --> 00:17:20,359 Speaker 1: next defense witness was Dominic Simon Foote. He's known Polkinghorn 273 00:17:20,400 --> 00:17:22,960 Speaker 1: and Hannah for some years after his family bought a 274 00:17:23,000 --> 00:17:26,040 Speaker 1: batch in Rings Beach, two doors down from the polking Horns. 275 00:17:26,520 --> 00:17:29,800 Speaker 1: Foot said he goes their most long weekends and family holidays. 276 00:17:30,280 --> 00:17:32,800 Speaker 1: His parents were friends with polking Horn and Hannah, and 277 00:17:32,880 --> 00:17:35,600 Speaker 1: he dived and fished with the couple and still fishes 278 00:17:35,600 --> 00:17:39,480 Speaker 1: with Polkinghorn to this day. Polky some call him Foot, said, 279 00:17:39,560 --> 00:17:41,800 Speaker 1: the first time the trial has heard that nickname in 280 00:17:41,840 --> 00:17:45,840 Speaker 1: a few weeks. He called him kind, generous, a great neighbor. 281 00:17:46,600 --> 00:17:49,600 Speaker 1: He never saw him act erratically. He said, Polkinghorn and 282 00:17:49,640 --> 00:17:54,159 Speaker 1: Hannah enjoyed carrying comically large glasses of wine. Brian Dicky, 283 00:17:54,240 --> 00:17:58,359 Speaker 1: in his cross examination, referenced the earliest testimony of crown 284 00:17:58,400 --> 00:18:02,959 Speaker 1: witness Stephen MacIntyre, another Rings Beach neighbor, who said Polkinghorn 285 00:18:03,000 --> 00:18:06,520 Speaker 1: had acted erratically in the years before Hannah's death and 286 00:18:06,600 --> 00:18:09,760 Speaker 1: he suspected he was on drugs. Foot saw nothing of 287 00:18:09,800 --> 00:18:12,200 Speaker 1: the sort. He was in bed by nine thirty every 288 00:18:12,359 --> 00:18:14,879 Speaker 1: night for two and a half decades, even on New 289 00:18:14,960 --> 00:18:21,280 Speaker 1: Year's Eve, he said. The defense's Harrison Smith called the 290 00:18:21,320 --> 00:18:25,560 Speaker 1: final witness of the day Ronald Beatty. Beatty's an electrical 291 00:18:25,600 --> 00:18:29,879 Speaker 1: engineer with expertise and forensic data analysis with fifty two 292 00:18:30,000 --> 00:18:33,800 Speaker 1: years experience in the electricity industry. Earlier, the trial heard 293 00:18:33,880 --> 00:18:37,919 Speaker 1: how police instructed Paul Smith from Consumer and Z to 294 00:18:37,960 --> 00:18:42,280 Speaker 1: look at usage data from Polkinghorn's home in Remuera's Upland Road. 295 00:18:42,880 --> 00:18:46,560 Speaker 1: The Defense instructed Ronald Beatty to perform a similar exercise 296 00:18:47,000 --> 00:18:50,560 Speaker 1: to see if Polkinghorn's explanation matched the power usage data. 297 00:18:50,840 --> 00:18:55,000 Speaker 1: Beattie said, the electricity industry settles in thirty minute increments, 298 00:18:55,440 --> 00:18:58,200 Speaker 1: so it's not possible to look at one or two 299 00:18:58,280 --> 00:19:02,399 Speaker 1: days to consider what could happened within the premises. A 300 00:19:02,440 --> 00:19:04,760 Speaker 1: wider set of data has to be used, but we 301 00:19:04,800 --> 00:19:08,760 Speaker 1: can never actually say what exactly happened on any given day. 302 00:19:09,160 --> 00:19:12,240 Speaker 1: Smith's report looked only at one or two days of 303 00:19:12,280 --> 00:19:15,600 Speaker 1: consumption and didn't look at what happened on similar days 304 00:19:15,600 --> 00:19:19,400 Speaker 1: in the past. That is I think a failing actually 305 00:19:19,480 --> 00:19:22,720 Speaker 1: of that side of the investigation. Beatty said he also 306 00:19:22,800 --> 00:19:25,520 Speaker 1: had issues with some of the figures Smith used too. 307 00:19:26,240 --> 00:19:28,880 Speaker 1: The washing machine used in his modeling wasn't the same 308 00:19:28,880 --> 00:19:32,840 Speaker 1: as Polkinghorn's, Betty said, and that Smith had made assumptions 309 00:19:32,880 --> 00:19:36,399 Speaker 1: around the jug. Betty said on April fifth, there was 310 00:19:36,440 --> 00:19:39,359 Speaker 1: a standing load until about six am, when there's a 311 00:19:39,400 --> 00:19:42,919 Speaker 1: steep increase. The increase in load was followed by a 312 00:19:43,000 --> 00:19:46,919 Speaker 1: larger increase at about eight am. Too great just to 313 00:19:46,960 --> 00:19:50,480 Speaker 1: be lighting. It needed to be other appliances turned on 314 00:19:50,800 --> 00:19:54,000 Speaker 1: as well at eight am, He said, Beatty can't tell 315 00:19:54,080 --> 00:19:58,680 Speaker 1: us what appliances specifically we used. For example, he can't 316 00:19:58,720 --> 00:20:01,760 Speaker 1: say for certain if the jug and toaster were both 317 00:20:01,880 --> 00:20:05,480 Speaker 1: used at around eight am, but Betty's able to use 318 00:20:05,560 --> 00:20:08,800 Speaker 1: a list of appliances to determine whether or not they 319 00:20:08,840 --> 00:20:12,000 Speaker 1: may have been used in that period, and the data 320 00:20:12,080 --> 00:20:16,119 Speaker 1: indicates a regular pattern of electricity consumption to other days. 321 00:20:16,520 --> 00:20:19,080 Speaker 1: He said that if the washing machine had been used, 322 00:20:19,480 --> 00:20:22,280 Speaker 1: he would have expected to see the washing machine turning 323 00:20:22,320 --> 00:20:25,400 Speaker 1: off in the data on April fifth, which the data 324 00:20:25,440 --> 00:20:28,280 Speaker 1: doesn't show, so in his view, it could have only 325 00:20:28,280 --> 00:20:31,280 Speaker 1: been run on the evening of April fourth, and the 326 00:20:31,280 --> 00:20:34,280 Speaker 1: same goes for the dryer. You'll remember from earlier in 327 00:20:34,320 --> 00:20:36,879 Speaker 1: the trial, a damp top sheet was found in the 328 00:20:36,960 --> 00:20:39,840 Speaker 1: dryer by police. It's believed to have come from the 329 00:20:39,960 --> 00:20:43,280 Speaker 1: room Polkinghorn said Hanna had slept in. It was found 330 00:20:43,280 --> 00:20:47,320 Speaker 1: disheveled and missing the sheet. Under cross examination from the 331 00:20:47,320 --> 00:20:51,639 Speaker 1: Crowns Brian Dickie, Beatty said that it'd be too refined 332 00:20:51,680 --> 00:20:54,919 Speaker 1: an analysis to say if the kettle or toaster both 333 00:20:54,960 --> 00:20:57,480 Speaker 1: could have been runner that morning, but that he would 334 00:20:57,480 --> 00:21:01,040 Speaker 1: exclude the notion the washing machine was running. Asked about 335 00:21:01,040 --> 00:21:04,280 Speaker 1: the small rise at six am, which he took to 336 00:21:04,320 --> 00:21:07,240 Speaker 1: be Ellie d lights switched on by polkinghorn in his 337 00:21:07,320 --> 00:21:10,760 Speaker 1: bedroom when he rose, Beattie said he can't say who 338 00:21:10,840 --> 00:21:13,600 Speaker 1: switched the lights on, or in fact where in the 339 00:21:13,640 --> 00:21:15,879 Speaker 1: house the lights might have been switched. 340 00:21:15,480 --> 00:21:16,199 Speaker 2: On that morning. 341 00:21:23,359 --> 00:21:27,760 Speaker 1: Day twenty five started with Pauline Hannah's hairdresser and Miller. 342 00:21:28,359 --> 00:21:31,560 Speaker 1: She owned a Remuwerer hair salon where Pauline Hannah had 343 00:21:31,560 --> 00:21:35,760 Speaker 1: been a client for about twenty five years. Testifying via 344 00:21:35,920 --> 00:21:39,960 Speaker 1: audio visual feed from her holiday hotel in Europe, Miller 345 00:21:40,000 --> 00:21:43,200 Speaker 1: remembers seeing Hannah every four weeks to have her hair 346 00:21:43,280 --> 00:21:47,960 Speaker 1: retouched with hair tint and condition her hair. The impact 347 00:21:48,000 --> 00:21:51,159 Speaker 1: of hair dye on the effectiveness of drug testing on 348 00:21:51,320 --> 00:21:55,199 Speaker 1: strands of the hair has been raised previously in the trial. 349 00:21:55,680 --> 00:22:00,280 Speaker 1: You'll remember Hannah's hairstrand test was negative for meth. Defense 350 00:22:00,359 --> 00:22:04,120 Speaker 1: lawyer Ron Mansfield asked Miller how she would describe Hannah's 351 00:22:04,119 --> 00:22:06,600 Speaker 1: appearance when she attended her appointments. 352 00:22:07,040 --> 00:22:10,919 Speaker 3: How would she ordinarily appear as far as her presentation 353 00:22:11,119 --> 00:22:19,160 Speaker 3: is consented, immaculate, so by that hair would always be immaculate. Yes, 354 00:22:19,880 --> 00:22:21,960 Speaker 3: cleare nails make up. 355 00:22:23,000 --> 00:22:23,919 Speaker 4: The whole thing. 356 00:22:24,320 --> 00:22:30,680 Speaker 3: Yes, Yes, it's fair to say that she took her 357 00:22:30,760 --> 00:22:33,240 Speaker 3: presentation very carefully. Correct. 358 00:22:34,200 --> 00:22:34,920 Speaker 4: That is correct. 359 00:22:35,840 --> 00:22:38,760 Speaker 3: And I think you've told us that for a woman 360 00:22:38,840 --> 00:22:41,280 Speaker 3: her age, she had an amazing figure. 361 00:22:42,800 --> 00:22:46,680 Speaker 1: Yes, Miller explained, Hannah was always busy with work during 362 00:22:46,720 --> 00:22:50,120 Speaker 1: the appointments, often using her time to take Zoom meetings. 363 00:22:50,680 --> 00:22:53,880 Speaker 3: How would she do the zoom meetings while getting her 364 00:22:53,880 --> 00:22:54,479 Speaker 3: hair done? 365 00:22:55,720 --> 00:22:57,680 Speaker 1: I would do her hair for I would put the 366 00:22:57,720 --> 00:23:01,800 Speaker 1: color on first, and then I would leave her while 367 00:23:01,880 --> 00:23:03,760 Speaker 1: la color was processing. 368 00:23:04,040 --> 00:23:07,919 Speaker 3: And would be on her laptop, yes, doing work and 369 00:23:08,000 --> 00:23:17,160 Speaker 3: taking Zoom meetings. Yes, and that would be on a Saturday. Yes, 370 00:23:26,600 --> 00:23:30,320 Speaker 3: So how did she appear during her time with you 371 00:23:30,440 --> 00:23:40,680 Speaker 3: on that Saturday? In relation to her work commitments, she was. 372 00:23:41,040 --> 00:23:44,879 Speaker 1: Always very professional when she came into the salon. You'll recall. 373 00:23:44,960 --> 00:23:48,760 Speaker 1: Mansfield has repeatedly raised throughout the trial that Hannah had 374 00:23:48,840 --> 00:23:52,840 Speaker 1: at times a thankless job. During the COVID vaccine rollout, 375 00:23:54,440 --> 00:23:57,360 Speaker 1: Miller said she could tell her client was busier than usual. 376 00:23:57,480 --> 00:24:00,960 Speaker 1: During her third to last appointment on February six, twenty 377 00:24:01,040 --> 00:24:06,479 Speaker 1: twenty one, Hannah had showed up uncharacteristically late to her 378 00:24:06,560 --> 00:24:10,600 Speaker 1: last appointment on March twentieth, and was busy and distracted. 379 00:24:11,200 --> 00:24:14,760 Speaker 3: That's today that you stayed late to accommodate that for her, 380 00:24:14,760 --> 00:24:19,040 Speaker 3: because she was a good giant correct, Yes, and a 381 00:24:19,080 --> 00:24:20,760 Speaker 3: person that you liked correct. 382 00:24:21,359 --> 00:24:21,639 Speaker 2: Yes. 383 00:24:23,880 --> 00:24:25,679 Speaker 3: And she talked to you about her job on that 384 00:24:25,800 --> 00:24:32,560 Speaker 3: occasion as well. Yes, And she had her laptop out 385 00:24:32,600 --> 00:24:33,720 Speaker 3: and she was working away. 386 00:24:35,000 --> 00:24:35,359 Speaker 2: Yes. 387 00:24:36,040 --> 00:24:41,119 Speaker 3: And then as I understand that the last appointment was 388 00:24:41,160 --> 00:24:46,560 Speaker 3: twenty March twenty twenty one, that's correct, she had an 389 00:24:46,600 --> 00:24:52,959 Speaker 3: appointment at two thirty. Yes, she arrived at two forty, 390 00:24:53,640 --> 00:25:00,159 Speaker 3: which wasn't unusual for her. That was unusual for he 391 00:25:00,760 --> 00:25:03,840 Speaker 3: was unusual. Yes, thank you. 392 00:25:05,359 --> 00:25:09,320 Speaker 1: During cross examination by the Crown, Miller agreed Hannah was 393 00:25:09,359 --> 00:25:12,879 Speaker 1: a busy, professional woman who was remembered as positive in 394 00:25:13,040 --> 00:25:18,080 Speaker 1: outlook and attitude. Milla remembered she was enjoying being a grandmother. 395 00:25:18,000 --> 00:25:21,679 Speaker 4: And she remained very positive in her outlooks and attitudes 396 00:25:21,720 --> 00:25:24,040 Speaker 4: throughout the time that you dealt with her or cut 397 00:25:24,680 --> 00:25:29,080 Speaker 4: colored her hair. Yes, the whole time, including all particularly 398 00:25:29,119 --> 00:25:31,760 Speaker 4: that March twenty twenty one, Is that right? 399 00:25:32,920 --> 00:25:33,240 Speaker 1: Yes? 400 00:25:33,880 --> 00:25:35,639 Speaker 4: And I think she was she looking forward to a 401 00:25:35,680 --> 00:25:37,840 Speaker 4: four wheel drive treple something that was coming up with 402 00:25:37,920 --> 00:25:42,439 Speaker 4: friends in a little while. Yes, she was, and she 403 00:25:42,520 --> 00:25:47,480 Speaker 4: also really enjoyed the family life, particularly with a young grandchild. Yes, 404 00:25:48,560 --> 00:25:51,240 Speaker 4: and she spoke of the children as her an. She 405 00:25:51,240 --> 00:25:54,680 Speaker 4: didn't speak of them as a stepmother all the time. 406 00:25:59,119 --> 00:26:02,040 Speaker 1: Next up for the defense was Robert John Willis, an 407 00:26:02,080 --> 00:26:05,359 Speaker 1: accountant who, at the end of a long career, worked 408 00:26:05,359 --> 00:26:09,640 Speaker 1: with the firm RSM. He met Polkinghorn in late two 409 00:26:09,720 --> 00:26:13,600 Speaker 1: thousand and nine as a patient. They got talking about accounting, 410 00:26:14,080 --> 00:26:19,640 Speaker 1: and shortly thereafter Willis became professionally involved with Polkinghorn and Hannah, 411 00:26:19,680 --> 00:26:23,880 Speaker 1: looking after their financial affairs for RSM until twenty eighteen, 412 00:26:24,080 --> 00:26:27,800 Speaker 1: when he retired. Willis transferred his clients to a younger 413 00:26:27,840 --> 00:26:30,879 Speaker 1: partner at RSM, but stayed in touch with the couple 414 00:26:30,960 --> 00:26:34,679 Speaker 1: regarding their financial affairs and remained their first port of 415 00:26:34,760 --> 00:26:37,960 Speaker 1: call for financial matters. He met the couple on about 416 00:26:38,040 --> 00:26:41,280 Speaker 1: four social occasions over the years. He would speak to 417 00:26:41,320 --> 00:26:44,520 Speaker 1: Hannah at these occasions, which once involved picking them up 418 00:26:44,520 --> 00:26:47,240 Speaker 1: from their Upland Road home and taking them to an 419 00:26:47,280 --> 00:26:51,040 Speaker 1: event related to the Rugby World Cup. The couple also 420 00:26:51,200 --> 00:26:55,400 Speaker 1: visited Willis at his apartment in Prince's Wharf in downtown Auckland. 421 00:26:55,800 --> 00:26:59,680 Speaker 1: Polkinghorn had said the couple were interested in selling Upland Road, 422 00:27:00,200 --> 00:27:03,080 Speaker 1: spending more time at rings Beach, and we're looking at 423 00:27:03,119 --> 00:27:06,280 Speaker 1: the idea of buying a city apartment, perhaps in the viaduct. 424 00:27:06,680 --> 00:27:08,399 Speaker 1: He said. They later went out for dinner at a 425 00:27:08,440 --> 00:27:12,160 Speaker 1: restaurant and Prince's Wharf. Willis said that the couple appeared 426 00:27:12,200 --> 00:27:15,439 Speaker 1: fine when he saw them interact, and he wouldn't have 427 00:27:15,480 --> 00:27:20,040 Speaker 1: thought there was any problems with their relationship. On to 428 00:27:20,080 --> 00:27:23,920 Speaker 1: their financial affairs, Willis confirms he would deal with Polkinghorn, 429 00:27:24,280 --> 00:27:26,879 Speaker 1: but said Hannah was aware Willis was the accountant for 430 00:27:26,960 --> 00:27:32,360 Speaker 1: their financial entities, including trusts and companies. Earlier, Willis said 431 00:27:32,480 --> 00:27:35,159 Speaker 1: it's not uncommon for one party in a marriage to 432 00:27:35,240 --> 00:27:39,040 Speaker 1: take greater interest in the trust and company related affairs. 433 00:27:40,600 --> 00:27:44,920 Speaker 1: The lengthy testimony from Willis went through specifics of various deeds, 434 00:27:44,960 --> 00:27:49,440 Speaker 1: trustees and joint ventures related to these trusts, which you 435 00:27:49,520 --> 00:27:52,359 Speaker 1: can read in full at enzid Herald dot co dot nz. 436 00:27:53,119 --> 00:27:56,399 Speaker 1: There is a point to Willis's testimony. While the Crown 437 00:27:56,480 --> 00:27:59,720 Speaker 1: earlier has argued that the network of trusts and companies 438 00:28:00,080 --> 00:28:03,320 Speaker 1: were used to hide money from Hannah and Squirrel away 439 00:28:03,359 --> 00:28:08,439 Speaker 1: her salary in accounts Polkinghorn controlled. Mansfield's point via this 440 00:28:08,520 --> 00:28:12,000 Speaker 1: witness is to suggest the structure of his companies and 441 00:28:12,080 --> 00:28:16,720 Speaker 1: trusts were standard practice for taxation purposes and to protect 442 00:28:16,800 --> 00:28:20,000 Speaker 1: personal property, and there would have been a fifty to 443 00:28:20,000 --> 00:28:25,480 Speaker 1: fifty matrimonial property split should they have separated. Willis said 444 00:28:25,600 --> 00:28:29,479 Speaker 1: the specific trust, the Hannah Polkinghorn Trust, was set up 445 00:28:29,480 --> 00:28:34,160 Speaker 1: to give Poline a separate accumulation of wealth. Under cross 446 00:28:34,160 --> 00:28:38,680 Speaker 1: examination later, Brian Dicky asked Willis about this. If that 447 00:28:38,800 --> 00:28:41,880 Speaker 1: was the case, then it would entirely make sense that 448 00:28:42,000 --> 00:28:45,120 Speaker 1: upon the sale of its only asset, the Pappatoy Toy 449 00:28:45,200 --> 00:28:48,280 Speaker 1: rental property, for the funds of that to be distributed 450 00:28:48,320 --> 00:28:52,040 Speaker 1: to the trust, not Polkinghorn. Willis answered, you'd have to 451 00:28:52,040 --> 00:28:54,200 Speaker 1: look into the minds of the trustees at the time 452 00:28:54,360 --> 00:28:58,280 Speaker 1: the property was sold to determine what they intended. Willis 453 00:28:58,280 --> 00:29:00,160 Speaker 1: said he doesn't know if Hanna would have seen in 454 00:29:00,160 --> 00:29:03,440 Speaker 1: the accounts before her death. Willis said he wasn't aware 455 00:29:03,480 --> 00:29:07,040 Speaker 1: of payments made to a Polkinghorn controlled account in Australia, 456 00:29:07,600 --> 00:29:10,680 Speaker 1: or to a woman named Jody, or to Madison Ashton, 457 00:29:11,240 --> 00:29:19,640 Speaker 1: Polkinghorn's longtime sex worker companion who lived in Australia. The 458 00:29:19,720 --> 00:29:24,600 Speaker 1: next testimony was from Andrew McGregor, a mechanical engineer. He 459 00:29:24,680 --> 00:29:28,920 Speaker 1: was instructed by Polkinghorn's legal team to investigate the circumstances 460 00:29:28,960 --> 00:29:31,840 Speaker 1: of what was said to be a partial hanging at 461 00:29:31,840 --> 00:29:35,960 Speaker 1: the doctor's upland wrote Home Justice Graham Lang suppressed most 462 00:29:36,080 --> 00:29:39,320 Speaker 1: parts of his testimony and as such we won't be 463 00:29:39,360 --> 00:29:42,320 Speaker 1: able to cover the full testimony here, but we can 464 00:29:42,440 --> 00:29:46,680 Speaker 1: report what McGregor's broad conclusion was that it was physically 465 00:29:46,760 --> 00:29:49,520 Speaker 1: possible for Hannah to have died via hanging in the 466 00:29:49,600 --> 00:29:54,360 Speaker 1: manner described by Polkinghorn to police in the immediate aftermath 467 00:29:54,400 --> 00:29:58,160 Speaker 1: of his wife's death. The engineer conducted his tests at 468 00:29:58,200 --> 00:30:01,400 Speaker 1: the remiwaer A home on the third of June and 469 00:30:01,560 --> 00:30:05,240 Speaker 1: the ninth of July this year. Polkinghorn was home, but 470 00:30:05,360 --> 00:30:09,840 Speaker 1: not observing the simulation he said. During cross examination, Crown 471 00:30:09,920 --> 00:30:13,760 Speaker 1: Solicitor Alicia McClintock suggested to the jury that there were 472 00:30:13,920 --> 00:30:19,000 Speaker 1: so many unknown variables that the expert's calculation was basically meaningless. 473 00:30:19,480 --> 00:30:24,360 Speaker 1: His testimony also missed the point. McClintock suggested, do you 474 00:30:24,480 --> 00:30:29,320 Speaker 1: understand the theoretical possibility of this is not the issue, 475 00:30:29,600 --> 00:30:32,960 Speaker 1: she asked. At one point, McGregor said he didn't take 476 00:30:33,000 --> 00:30:36,560 Speaker 1: into consideration how loose the rope found tied to the 477 00:30:36,640 --> 00:30:42,120 Speaker 1: upstairs balustrade was when conducting his tests because there wasn't 478 00:30:42,200 --> 00:30:45,520 Speaker 1: enough information about how the rope had been tied. He 479 00:30:45,600 --> 00:30:49,760 Speaker 1: also agreed with McClintock that while understanding angles and weights, 480 00:30:49,880 --> 00:30:52,960 Speaker 1: due to his background as an engineer, he doesn't have 481 00:30:53,080 --> 00:30:56,920 Speaker 1: a pathology qualification. He also agreed that he needed to 482 00:30:56,960 --> 00:31:00,440 Speaker 1: do some medical research on the suicide method ahead of 483 00:31:00,480 --> 00:31:04,160 Speaker 1: the simulation. Were you aware if Pauline Hannah had any 484 00:31:04,240 --> 00:31:10,000 Speaker 1: engineering qualifications, McClintock asked, adding were you aware if Pauline 485 00:31:10,000 --> 00:31:13,720 Speaker 1: Hannah did any research like you did? No, I'm not 486 00:31:13,760 --> 00:31:17,560 Speaker 1: aware of that history, he responded, but McGregor said he 487 00:31:17,680 --> 00:31:28,920 Speaker 1: doubted an engineering degree or research was necessary. Day twenty 488 00:31:28,960 --> 00:31:33,400 Speaker 1: six was taken up solely by the defense's pathologist, Professor 489 00:31:33,480 --> 00:31:38,080 Speaker 1: Stephen Cordner, lives in Melbourne and is an emeritus professor 490 00:31:38,120 --> 00:31:42,640 Speaker 1: at the Department of Forensic Medicine at Monash University, Mansfield 491 00:31:42,720 --> 00:31:47,320 Speaker 1: spent around sixteen minutes traversing the witness's credentials to show 492 00:31:47,440 --> 00:31:51,360 Speaker 1: how Cordner might be able to help the case. Mansfield 493 00:31:51,400 --> 00:31:55,120 Speaker 1: started his questioning by asking Cordner to explain what he's 494 00:31:55,160 --> 00:31:58,640 Speaker 1: required to do as a forensic pathologist when he's required 495 00:31:58,640 --> 00:32:00,440 Speaker 1: to help courts or police. 496 00:32:00,640 --> 00:32:04,560 Speaker 2: What I do as a forensic pathologist, I mentioned, you know, 497 00:32:04,680 --> 00:32:10,240 Speaker 2: sometimes you go to the scene, but you're fundamentally it's 498 00:32:10,240 --> 00:32:17,240 Speaker 2: an autopsy based medical specialty. So the central feature of 499 00:32:17,440 --> 00:32:21,680 Speaker 2: the medical investigation of the death is the undertaking of 500 00:32:22,560 --> 00:32:26,680 Speaker 2: the autopsy and external examination of the body and internal 501 00:32:27,200 --> 00:32:30,600 Speaker 2: examination of the body, the aim of which is to 502 00:32:32,280 --> 00:32:40,440 Speaker 2: help or try to help reconstruct what happened back at 503 00:32:40,440 --> 00:32:43,440 Speaker 2: the scene. So that's what it's all about. 504 00:32:43,800 --> 00:32:46,520 Speaker 1: Cordner went on to outline what he was looking for 505 00:32:46,560 --> 00:32:50,720 Speaker 1: when examining Hannah's body. He said he looks for natural disease, 506 00:32:50,960 --> 00:32:54,920 Speaker 1: adding none was found in Hannah. When disease is excluded, 507 00:32:55,320 --> 00:32:57,320 Speaker 1: they're looking for evidence of injury. 508 00:32:58,040 --> 00:33:04,520 Speaker 2: She's been killed, then that men's assault. So then are 509 00:33:04,560 --> 00:33:11,120 Speaker 2: there injuries that are commonly associated with assault broadly sort 510 00:33:11,200 --> 00:33:17,960 Speaker 2: of construed and have that been for me a central 511 00:33:19,160 --> 00:33:26,360 Speaker 2: central concern in this case. There is a general appreciation 512 00:33:26,640 --> 00:33:34,320 Speaker 2: and forensic pathology that people who are strangled, whether manually 513 00:33:34,600 --> 00:33:39,920 Speaker 2: or by ligature, also in a very significant number of 514 00:33:40,080 --> 00:33:45,200 Speaker 2: instances have injuries of a general assault have been beaten up. 515 00:33:46,040 --> 00:33:49,520 Speaker 1: The next part of Mansfield's questioning highlighted the difference of 516 00:33:49,560 --> 00:33:54,480 Speaker 1: interpretation between the Crown and the defense concerning two important 517 00:33:54,520 --> 00:33:59,600 Speaker 1: factors of the case. Cordner said, manual strangulation or ligature 518 00:33:59,640 --> 00:34:04,760 Speaker 1: strauation our injuries with special characteristics. You'll remember part of 519 00:34:04,800 --> 00:34:07,720 Speaker 1: the Crown case was the belt mark found on Hannah's 520 00:34:07,760 --> 00:34:10,600 Speaker 1: neck by police on April fifth, that it all but 521 00:34:10,719 --> 00:34:14,040 Speaker 1: disappeared by the time of the autopsy conducted by doctor 522 00:34:14,120 --> 00:34:17,960 Speaker 1: keelak kesh At the following day. Mansfield moved on to 523 00:34:18,040 --> 00:34:21,960 Speaker 1: another pivotal part of the defense's argument, the scene visit. 524 00:34:22,920 --> 00:34:27,560 Speaker 1: During Mansfield's cross examination of pathologists and detectives who gave 525 00:34:27,640 --> 00:34:31,480 Speaker 1: evidence for the Crown, he repeatedly questioned why they didn't 526 00:34:31,480 --> 00:34:34,759 Speaker 1: photograph or measure the ligature mark on Hannah's neck at 527 00:34:34,800 --> 00:34:38,640 Speaker 1: the scene before it mostly disappeared. Part of the Crown 528 00:34:38,719 --> 00:34:42,680 Speaker 1: case is the direction of the mark more horizontal than vertical. 529 00:34:43,640 --> 00:34:47,200 Speaker 1: It showed the ligature was applied from directly behind and 530 00:34:47,400 --> 00:34:50,520 Speaker 1: not from a rope secured to the balustrade above. The 531 00:34:50,520 --> 00:34:55,640 Speaker 1: Crown said much of Cordner's evidence on injuries relating to 532 00:34:55,760 --> 00:34:59,960 Speaker 1: suicide and hanging by strangulation was suppressed by the JAR, 533 00:35:00,680 --> 00:35:03,480 Speaker 1: though we are allowed to report on the type of 534 00:35:03,520 --> 00:35:08,560 Speaker 1: injuries associated with different types of hangings. Cordner's testimony on 535 00:35:08,600 --> 00:35:13,840 Speaker 1: Wednesday was lengthy, covering many aspects around suicide, the types 536 00:35:13,880 --> 00:35:16,640 Speaker 1: of injuries to the body that are found after different 537 00:35:16,719 --> 00:35:20,440 Speaker 1: forms of strangulation, and the state of a Hannah's body. 538 00:35:20,880 --> 00:35:23,439 Speaker 1: You can get the full details at Ensit Herald dot 539 00:35:23,480 --> 00:35:26,640 Speaker 1: co dot nz, but here's a general summary of what 540 00:35:26,719 --> 00:35:33,520 Speaker 1: Cordner said. Suicide is ten times as common as homicide, 541 00:35:33,560 --> 00:35:36,720 Speaker 1: he said, and in twenty twenty two in New Zealand, 542 00:35:37,200 --> 00:35:41,520 Speaker 1: suspected suicides would double the row toll. They're more likely 543 00:35:41,600 --> 00:35:46,640 Speaker 1: to happen in domestic settings indoors. While people think suicide 544 00:35:46,680 --> 00:35:50,000 Speaker 1: and a suicide note go together, that's not the case 545 00:35:50,040 --> 00:35:53,760 Speaker 1: in more than half of cases, Cordner said. You'll remember 546 00:35:53,800 --> 00:35:57,080 Speaker 1: police did not find a note from Hannah during their investigation, 547 00:35:57,560 --> 00:36:00,640 Speaker 1: but Polkinghorn claimed to a friend after he was charged 548 00:36:01,000 --> 00:36:05,480 Speaker 1: that had found one. Asked about injuries sustained from homicidal 549 00:36:05,719 --> 00:36:10,040 Speaker 1: manual strangulations, Cordner said that there's a likelihood the assault 550 00:36:10,160 --> 00:36:13,640 Speaker 1: will be over an extended period because the victim will 551 00:36:13,680 --> 00:36:18,080 Speaker 1: probably resist and fight back. Seventy percent of all victims 552 00:36:18,200 --> 00:36:21,960 Speaker 1: of manual or ligature strangulation were the victim of a 553 00:36:22,040 --> 00:36:26,760 Speaker 1: much more sustained assault, probably including fractures to the skull. 554 00:36:27,920 --> 00:36:30,640 Speaker 1: Cordner testified that there was no sign of assault, of 555 00:36:30,800 --> 00:36:34,839 Speaker 1: injuries to Hannah or any of Polkinghorn's DNA under her 556 00:36:34,880 --> 00:36:40,520 Speaker 1: fingernails to suggest should fought him off onto injuries. Cordner 557 00:36:40,560 --> 00:36:43,880 Speaker 1: said Hannah was of the age when skin bruises become 558 00:36:44,120 --> 00:36:47,760 Speaker 1: easier to cause and the skin becomes thinner and easier 559 00:36:47,760 --> 00:36:51,239 Speaker 1: to break. We heard earlier in the trial Hannah had 560 00:36:51,239 --> 00:36:53,760 Speaker 1: bruise marks on her arm and the shape of fingers 561 00:36:53,880 --> 00:36:57,279 Speaker 1: like she'd been grabbed, but the defense contends this could 562 00:36:57,280 --> 00:37:01,120 Speaker 1: have been by someone stabilizing her, like a personal trainer 563 00:37:01,400 --> 00:37:04,320 Speaker 1: who she had an appointment with two days before she died. 564 00:37:05,280 --> 00:37:08,799 Speaker 1: As for her injury's post death, Cordner said that they're 565 00:37:08,840 --> 00:37:12,360 Speaker 1: all consistent with the death by hanging. He said a 566 00:37:12,440 --> 00:37:16,080 Speaker 1: lack of drag marks suggest a homicide did not take place, 567 00:37:17,480 --> 00:37:20,239 Speaker 1: and the beltmark that appeared on Hannah's neck does not 568 00:37:20,320 --> 00:37:25,880 Speaker 1: show she was murdered that Mark's disappearance is of no significance, 569 00:37:25,920 --> 00:37:30,040 Speaker 1: he said. Cordner said the lividity of the body is 570 00:37:30,080 --> 00:37:34,680 Speaker 1: also consistent with Polkinghorn's version of events. He also said 571 00:37:34,680 --> 00:37:38,000 Speaker 1: it would be difficult for Polkinghorn to have manipulated Hannah's 572 00:37:38,040 --> 00:37:40,200 Speaker 1: body to look like there'd been a hanging. 573 00:37:40,560 --> 00:37:45,560 Speaker 2: I think people in the court would need to imagine 574 00:37:46,160 --> 00:37:53,040 Speaker 2: what it is like to manipulate an unconscious I use 575 00:37:53,120 --> 00:37:55,880 Speaker 2: that word because that's how a dead body would be 576 00:37:56,120 --> 00:38:02,359 Speaker 2: like to move around and to simulate a hanging by 577 00:38:03,080 --> 00:38:07,239 Speaker 2: perhaps sitting the individual and the dead individual in a 578 00:38:07,360 --> 00:38:10,839 Speaker 2: chair and setting it up to try and create this 579 00:38:10,960 --> 00:38:15,520 Speaker 2: sort of thing. And it really is quite mind boggling 580 00:38:16,400 --> 00:38:21,120 Speaker 2: to imagine that because the looseness and the floppiness is 581 00:38:24,960 --> 00:38:33,399 Speaker 2: extremely difficult to sort of imagine. I think fantic pathologists 582 00:38:33,480 --> 00:38:37,520 Speaker 2: talking about this sort of thing. The starting point is 583 00:38:37,560 --> 00:38:42,759 Speaker 2: that it takes two people to really successfully and easily 584 00:38:43,239 --> 00:38:44,960 Speaker 2: handle a dead body. 585 00:38:45,440 --> 00:38:49,560 Speaker 1: Defense lawyer Ron Mansfield pulled out a surprise photo not 586 00:38:49,760 --> 00:38:53,760 Speaker 1: seen before the trial that showed no bruises on Hannah's 587 00:38:53,840 --> 00:38:58,200 Speaker 1: right arm when photographed at Upland Road. That's despite a 588 00:38:58,239 --> 00:39:02,520 Speaker 1: cluster of for contrusion or bruises like a grip being 589 00:39:02,600 --> 00:39:06,720 Speaker 1: visible on her body during her autopsy. After a lengthy 590 00:39:06,800 --> 00:39:10,560 Speaker 1: testimony that took up the whole day, Cordner's testimony can 591 00:39:10,600 --> 00:39:14,560 Speaker 1: perhaps best be summed up by Ron Mansfield's last question 592 00:39:14,719 --> 00:39:16,840 Speaker 1: to him in relation. 593 00:39:16,560 --> 00:39:21,880 Speaker 3: To an incomplete hanging where we don't expect to see 594 00:39:22,320 --> 00:39:25,440 Speaker 3: any type of injury. Here we have, of course the 595 00:39:26,040 --> 00:39:31,440 Speaker 3: belt impression correct where we wouldn't expect to see an injury. 596 00:39:32,160 --> 00:39:36,239 Speaker 3: So every such case of incomplete hanging in that category, 597 00:39:36,960 --> 00:39:42,040 Speaker 3: it could be said it's theeatically possible that there was 598 00:39:42,600 --> 00:39:44,879 Speaker 3: either a manual or literature strangulation. 599 00:39:45,480 --> 00:39:50,640 Speaker 2: And I think theoretical possibility is a good formulation. 600 00:39:53,320 --> 00:39:59,160 Speaker 3: But there is just no indicative injury, either externally or 601 00:39:59,280 --> 00:40:04,719 Speaker 3: internally of the clients that we've discussed here to support 602 00:40:05,239 --> 00:40:10,279 Speaker 3: a finding that there was a homicidal manual or ligature strangulation. 603 00:40:10,760 --> 00:40:14,120 Speaker 2: There's no evident of a forensic pathology kind to positively 604 00:40:14,239 --> 00:40:20,440 Speaker 2: support a conclusion that this deceased has been homicidally, manually 605 00:40:20,600 --> 00:40:22,960 Speaker 2: or legaturely killed. 606 00:40:23,320 --> 00:40:28,200 Speaker 3: Thank you. 607 00:40:28,200 --> 00:40:31,520 Speaker 1: You can listen to episodes of Accused the Polkinghorn Trial 608 00:40:31,920 --> 00:40:34,920 Speaker 1: through the front Page podcast feed, or find it on 609 00:40:35,040 --> 00:40:39,640 Speaker 1: iHeartRadio or wherever you get your podcasts. This series is 610 00:40:39,680 --> 00:40:44,160 Speaker 1: presented and produced by me Chelsea Daniels, with producer Ethan 611 00:40:44,239 --> 00:40:48,680 Speaker 1: Siles and sound engineer Patti Fox. Additional production support by 612 00:40:48,760 --> 00:40:53,120 Speaker 1: Helen King. Additional reporting from The Herald's Craig Capitan and 613 00:40:53,160 --> 00:40:56,879 Speaker 1: George Block and for more coverage of the Polkinghorn trial 614 00:40:57,360 --> 00:41:03,360 Speaker 1: had to enst Herald dot co dot nz it