1 00:00:07,480 --> 00:00:10,680 Speaker 1: Kiota. I'm Chelsea Daniels and from the team behind the 2 00:00:10,680 --> 00:00:15,040 Speaker 1: front page. The New Zealand Herald's daily news podcast, This 3 00:00:15,480 --> 00:00:20,360 Speaker 1: is Accused the Polkinghorn Trial. Over a series of weeks, 4 00:00:20,360 --> 00:00:24,079 Speaker 1: in conjunction with our usual daily episodes, will be bringing 5 00:00:24,120 --> 00:00:26,920 Speaker 1: you regular coverage as one of the most high profile 6 00:00:26,960 --> 00:00:30,000 Speaker 1: trials of the year makes its way through the High 7 00:00:30,000 --> 00:00:34,959 Speaker 1: Court at auckland A warning, this podcast contains disturbing content. 8 00:00:38,320 --> 00:00:42,840 Speaker 1: After nearly five weeks of witnesses, the Crown has closed 9 00:00:42,880 --> 00:00:47,200 Speaker 1: its case in the trial of Philip Polkinghorn. The former 10 00:00:47,240 --> 00:00:51,479 Speaker 1: auckland Ie surgeon, is accused of murdering his wife, Pauline Hannah, 11 00:00:51,640 --> 00:00:54,960 Speaker 1: who was found dead on April fifth, twenty twenty one. 12 00:00:55,680 --> 00:00:59,520 Speaker 1: He maintains she took her own life. The Crown closed 13 00:00:59,560 --> 00:01:03,840 Speaker 1: its case with more on Polkinghorn's arrest, police searches, and 14 00:01:03,880 --> 00:01:07,360 Speaker 1: a last minute witness on cell phones. The rest of 15 00:01:07,400 --> 00:01:09,680 Speaker 1: the trial is now in the hands of the defense, 16 00:01:10,160 --> 00:01:14,320 Speaker 1: and for their first witness, they called up Pauline Hannah's 17 00:01:14,440 --> 00:01:22,960 Speaker 1: own sister. Day twenty two started with former detective John 18 00:01:23,120 --> 00:01:27,160 Speaker 1: Cleveland Kennedy. He was with police in August twenty twenty two, 19 00:01:27,280 --> 00:01:31,720 Speaker 1: but since retired. Philip Polkinghorn's arrest happened at seven point 20 00:01:31,720 --> 00:01:37,560 Speaker 1: fifty five am on August sixteenth, twenty twenty two. It 21 00:01:37,640 --> 00:01:40,959 Speaker 1: was by appointment at the police station in the presence 22 00:01:40,959 --> 00:01:45,760 Speaker 1: of his lawyer. Detective John Cleveland Kennedy arrested Polkinghorn and 23 00:01:45,880 --> 00:01:49,120 Speaker 1: charged him with the murder of his wife and possession 24 00:01:49,200 --> 00:01:53,600 Speaker 1: of meth and a meth pipe. He cautioned Polkinghorn and 25 00:01:53,760 --> 00:01:58,400 Speaker 1: read his riots. Polkinghorn made no comment, Kennedy says. The 26 00:01:58,400 --> 00:02:02,320 Speaker 1: Crown then called detectives. Being your Sergeant Chris Allen, he's 27 00:02:02,320 --> 00:02:05,560 Speaker 1: one of the officers in charge of the investigation. He 28 00:02:05,840 --> 00:02:10,399 Speaker 1: entered the court carrying a box. After clarifying the investigation 29 00:02:10,639 --> 00:02:15,639 Speaker 1: name Operation Cayenne was generated by a computer, Crown Solicitor 30 00:02:15,639 --> 00:02:19,600 Speaker 1: Alsia McClintock asked Sergeant Allen to go through a series 31 00:02:19,680 --> 00:02:23,840 Speaker 1: of photographs from evidence. Copies of the photos were handed 32 00:02:23,880 --> 00:02:27,760 Speaker 1: to the jury. McClintock asks Allan if he's seen the 33 00:02:27,760 --> 00:02:32,240 Speaker 1: CCTV footage from Auckland I already discussed as evidence during 34 00:02:32,280 --> 00:02:35,959 Speaker 1: the trial. He confirmed he had seen the videos. The 35 00:02:36,000 --> 00:02:40,000 Speaker 1: footage was filmed in October twenty twenty, the weekend before 36 00:02:40,200 --> 00:02:43,840 Speaker 1: a meth pipe was found in the medical practice. The 37 00:02:43,880 --> 00:02:47,440 Speaker 1: selection of clips played to the court shows Polkinghorn walking 38 00:02:47,480 --> 00:02:50,440 Speaker 1: down a corridor to the laser room where the meth 39 00:02:50,480 --> 00:02:54,639 Speaker 1: pipe was found. So to take a senior sergeant, whereabouts 40 00:02:54,919 --> 00:02:56,760 Speaker 1: do you take the figure? As it's a very long 41 00:02:56,800 --> 00:02:57,560 Speaker 1: way away? 42 00:02:57,720 --> 00:02:59,679 Speaker 2: Let me seek for the jury hard to see and 43 00:03:00,800 --> 00:03:07,800 Speaker 2: where do you see the figure? In this excerpt stwet Sorry, 44 00:03:07,800 --> 00:03:09,160 Speaker 2: where does he move? 45 00:03:09,639 --> 00:03:09,880 Speaker 1: Yes? 46 00:03:10,120 --> 00:03:14,520 Speaker 2: Whereabouts? The movement is as you see a light wash 47 00:03:15,240 --> 00:03:20,080 Speaker 2: at the top of the sphere at the corridor, and 48 00:03:20,160 --> 00:03:26,520 Speaker 2: it's I suppose the figure object is emerging in and 49 00:03:26,560 --> 00:03:30,440 Speaker 2: around that sort of area left to right or right 50 00:03:30,480 --> 00:03:30,919 Speaker 2: to left. 51 00:03:31,480 --> 00:03:35,040 Speaker 1: McClintock moves her. Questioning to the price of math. 52 00:03:35,080 --> 00:03:40,200 Speaker 2: Yeah, there's arrange nationally between. It can range from a 53 00:03:40,200 --> 00:03:42,520 Speaker 2: couple of one hundred dollars up to one thousand dollars 54 00:03:42,920 --> 00:03:47,560 Speaker 2: program depending on a number of factors Auckland, because there 55 00:03:47,680 --> 00:03:53,880 Speaker 2: is a lot more probably supply basic economics. It's a 56 00:03:53,920 --> 00:03:56,920 Speaker 2: little bit cheaper. At that point in time, the intelligence 57 00:03:57,000 --> 00:03:59,440 Speaker 2: was suggesting it was about three hundred and fifty dollars 58 00:03:59,520 --> 00:04:04,600 Speaker 2: a gram. If you buy a number of grams, is 59 00:04:04,640 --> 00:04:07,640 Speaker 2: it potential to get it at a bit of price. Yeah, 60 00:04:07,680 --> 00:04:11,080 Speaker 2: this again a little bit of a wholesale expect if 61 00:04:11,120 --> 00:04:11,920 Speaker 2: you buy in bulk. 62 00:04:12,520 --> 00:04:16,120 Speaker 1: Allan has then questioned about travel documents police sourced from 63 00:04:16,200 --> 00:04:21,839 Speaker 1: Customs regarding Polkinghorn. Customs records show he departed from Auckland 64 00:04:21,880 --> 00:04:26,800 Speaker 1: on December twenty third, twenty nineteen, at eight am, traveling 65 00:04:26,839 --> 00:04:30,279 Speaker 1: to Sydney. You'll remember from earlier on in the trial, 66 00:04:30,600 --> 00:04:33,839 Speaker 1: Polkinghorn had gone missing around this time, not showing up 67 00:04:33,880 --> 00:04:36,760 Speaker 1: to a family Christmas at their Rings Beach batch in 68 00:04:36,800 --> 00:04:40,080 Speaker 1: the Corimandel, Hannah had to lie to friends and family 69 00:04:40,160 --> 00:04:44,680 Speaker 1: about his absence. According to the customs records, he returned 70 00:04:44,680 --> 00:04:49,479 Speaker 1: from Sydney on December twenty seventh, twenty nineteen. Earlier in 71 00:04:49,520 --> 00:04:52,599 Speaker 1: the trial, evidence from a letter from Polkinghorn to Hannah 72 00:04:52,880 --> 00:04:56,599 Speaker 1: in late twenty nineteen claimed he was attending to enroll 73 00:04:56,640 --> 00:05:00,440 Speaker 1: in a retreat in Auckland called Moving On and Up. 74 00:05:01,160 --> 00:05:04,880 Speaker 1: Defense lawyer Ron Mansfield started his cross examination of Allen 75 00:05:05,279 --> 00:05:09,880 Speaker 1: by showing a series of videos from CCTV footage. Rather 76 00:05:09,920 --> 00:05:13,320 Speaker 1: than videos from the night like the ones the Crown played, 77 00:05:13,680 --> 00:05:17,400 Speaker 1: these videos would show the same scene inside the clinic 78 00:05:17,440 --> 00:05:21,880 Speaker 1: from the morning. The clips show people including cleaners and 79 00:05:21,960 --> 00:05:25,960 Speaker 1: a patient with a support person arriving and leaving Auckland. 80 00:05:26,000 --> 00:05:27,200 Speaker 2: I do you see that? 81 00:05:27,720 --> 00:05:30,400 Speaker 3: Now on the end there appears to be one off 82 00:05:30,520 --> 00:05:33,560 Speaker 3: the mow that go down the corridor off to one 83 00:05:33,640 --> 00:05:36,839 Speaker 3: side and then joining the other as they come and 84 00:05:36,960 --> 00:05:37,400 Speaker 3: walk out. 85 00:05:38,320 --> 00:05:41,360 Speaker 2: Did you see that they emerge from that lightwashed sort 86 00:05:41,360 --> 00:05:44,760 Speaker 2: of area at the end, came to emerge from different sides. 87 00:05:44,800 --> 00:05:45,400 Speaker 3: Did you see that? 88 00:05:46,240 --> 00:05:47,680 Speaker 2: But I'm not sure if I. 89 00:05:47,680 --> 00:05:51,880 Speaker 1: Could tell that. Mansfield is challenging the Crown's argument that 90 00:05:51,960 --> 00:05:55,200 Speaker 1: Polkinghorn left the pipe in his clinic after visiting with 91 00:05:55,279 --> 00:05:59,479 Speaker 1: friends over the weekend. Mansfield's questions move on to the 92 00:05:59,520 --> 00:06:04,080 Speaker 1: discovery of panic buttons in the polking Horn's Remuera home. 93 00:06:04,760 --> 00:06:09,000 Speaker 1: They were found by Sharon Jenkins, a staff member from Auckland. 94 00:06:09,000 --> 00:06:13,440 Speaker 1: I Allan says his memory was hazy whether he interviewed her. 95 00:06:13,680 --> 00:06:16,520 Speaker 3: Can you remember her evidence about that or not her evidence, 96 00:06:16,560 --> 00:06:21,359 Speaker 3: but his statement to the police about that, if I 97 00:06:21,440 --> 00:06:27,240 Speaker 3: refresh your memory. She confirmed that she had been and 98 00:06:27,279 --> 00:06:30,560 Speaker 3: stayed at the address to look after the cats, the 99 00:06:31,520 --> 00:06:35,480 Speaker 3: pits of and missus Polkinghorn. Can you remember that? 100 00:06:37,279 --> 00:06:38,160 Speaker 2: And by themous? 101 00:06:38,720 --> 00:06:41,640 Speaker 1: In a statement, Sharon Jenkins said she stayed at the 102 00:06:41,640 --> 00:06:45,560 Speaker 1: polking Horn home and looked after their cats. Police had 103 00:06:45,560 --> 00:06:49,040 Speaker 1: not discovered the panic buttons during their search of the home. 104 00:06:49,360 --> 00:06:53,839 Speaker 3: There we see a photograph of the upstairs spare bedroom 105 00:06:53,960 --> 00:06:57,400 Speaker 3: or the bedroom where it was believed that missus Polkinghorn 106 00:06:58,279 --> 00:06:59,120 Speaker 3: had been that night. 107 00:06:59,279 --> 00:06:59,640 Speaker 2: Correct. 108 00:07:00,120 --> 00:07:06,400 Speaker 3: Yes, see the giraffe on the little side table soft toys. 109 00:07:06,880 --> 00:07:07,120 Speaker 2: Yeh. 110 00:07:07,920 --> 00:07:12,320 Speaker 3: See underneath that we see another white panel with a 111 00:07:12,360 --> 00:07:17,520 Speaker 3: red circle or buzzon. Yes. Are you having to help 112 00:07:17,560 --> 00:07:20,560 Speaker 3: me as to whether, in fact they are the two 113 00:07:20,880 --> 00:07:23,760 Speaker 3: panic buttons in the house at night in the bedroom. 114 00:07:23,880 --> 00:07:25,960 Speaker 2: I would have thought there'd be a Christian bes directed 115 00:07:25,960 --> 00:07:26,800 Speaker 2: at the OC scene. 116 00:07:28,200 --> 00:07:30,320 Speaker 3: He made no note of that, so we'll come back 117 00:07:30,360 --> 00:07:31,520 Speaker 3: to that, thank you. 118 00:07:32,480 --> 00:07:36,040 Speaker 1: Mansfield questioned the taking of a hair sample from Hannah 119 00:07:36,160 --> 00:07:40,200 Speaker 1: during her autopsy, referring to evidence heard earlier about the 120 00:07:40,240 --> 00:07:45,400 Speaker 1: testing of that sample in Australia. Mansfield asked Alan questions 121 00:07:45,440 --> 00:07:49,680 Speaker 1: about rope samples, and Alan confirmed the rope was initially 122 00:07:49,800 --> 00:07:53,880 Speaker 1: only sampled for DNA. It took a year for ESR 123 00:07:54,000 --> 00:07:58,080 Speaker 1: to test the rope for both male and female DNA, so. 124 00:07:58,040 --> 00:08:01,080 Speaker 3: It was it identify that it could be problematic that 125 00:08:02,000 --> 00:08:05,920 Speaker 3: the instruction to ESR was the only test for male 126 00:08:06,080 --> 00:08:10,240 Speaker 3: DNA rather than use the I called it general, but 127 00:08:10,320 --> 00:08:14,840 Speaker 3: I think the actual precise word is standard DNA testing, 128 00:08:14,880 --> 00:08:18,600 Speaker 3: which would identify both male and female. 129 00:08:18,920 --> 00:08:21,400 Speaker 2: Sorry, I'm not sure there was a specific construction to 130 00:08:21,680 --> 00:08:23,720 Speaker 2: ESR to only test for male DNA. 131 00:08:24,480 --> 00:08:28,840 Speaker 1: Mansfield refers to ESR scientist Fiona Matheson, who worked on 132 00:08:28,920 --> 00:08:32,800 Speaker 1: the examination of the Polkinghorn home. Matheson was called to 133 00:08:32,840 --> 00:08:36,040 Speaker 1: the Remuer home on April fifth, and again for a 134 00:08:36,080 --> 00:08:40,640 Speaker 1: briefing on April six, the day after Hannah was reported dead. 135 00:08:41,200 --> 00:08:46,000 Speaker 1: Alan rejected the defense's theory that homicide was predetermined, stating 136 00:08:46,000 --> 00:08:50,200 Speaker 1: the homicide focus referred more to the method of evidence collection. 137 00:08:51,120 --> 00:08:55,120 Speaker 1: The Crown called their final witness before the defense started 138 00:08:55,160 --> 00:09:00,760 Speaker 1: presenting its case. June Lee is a digital forend analyst 139 00:09:00,840 --> 00:09:03,960 Speaker 1: with the police. He isn't a sworn officer, but is 140 00:09:04,120 --> 00:09:08,640 Speaker 1: qualified in computer and mobile phone forensics. Lee was a 141 00:09:08,720 --> 00:09:12,480 Speaker 1: last minute witness. Dickie asked him overnight to comment on 142 00:09:12,600 --> 00:09:16,720 Speaker 1: certain logs presented at court the previous day. You'll remember 143 00:09:16,720 --> 00:09:20,760 Speaker 1: from Day twenty one that during cross examination of Detective 144 00:09:20,840 --> 00:09:25,960 Speaker 1: Andrew Reeves, who was responsible for examining mobile phones, Mansfield 145 00:09:26,040 --> 00:09:30,360 Speaker 1: asked about two bits of phone activity he alleged showed 146 00:09:30,480 --> 00:09:34,440 Speaker 1: Hannah had drafted two messages at about four am the 147 00:09:34,480 --> 00:09:38,360 Speaker 1: morning of her death. Dickie refers to Hannah's iPhone eight 148 00:09:38,520 --> 00:09:43,600 Speaker 1: plus and whether it's log entries suggest user activity. Lee 149 00:09:43,679 --> 00:09:48,319 Speaker 1: stated they are sourced from the Identity look up service. However, 150 00:09:48,360 --> 00:09:53,040 Speaker 1: the date or time log entries aren't immediately clear. Lee 151 00:09:53,120 --> 00:09:56,800 Speaker 1: says the logs show background services that don't relate to 152 00:09:56,840 --> 00:10:01,280 Speaker 1: a user interacting with the device. This doesn't mean anyone 153 00:10:01,400 --> 00:10:05,079 Speaker 1: is actually using the phone. Lee further stated the phone 154 00:10:05,280 --> 00:10:08,560 Speaker 1: wasn't used again after it was plugged in at ten 155 00:10:08,920 --> 00:10:14,040 Speaker 1: forty seven on April fourth. Mansfield's cross examination focused on 156 00:10:14,080 --> 00:10:17,880 Speaker 1: whether the phone would pick up on the user drafting messages. 157 00:10:18,720 --> 00:10:22,360 Speaker 1: Dicky objected to his line of questioning, stating he was 158 00:10:22,400 --> 00:10:26,600 Speaker 1: asking the same question over and over. Mansfield asked if 159 00:10:26,600 --> 00:10:28,720 Speaker 1: there was always a record of the phone turning on 160 00:10:28,880 --> 00:10:32,720 Speaker 1: and the screen coming on. Lee confirmed this was the case. 161 00:10:33,280 --> 00:10:36,640 Speaker 1: Mansfield further probed if the log would create an entry 162 00:10:37,040 --> 00:10:40,880 Speaker 1: if a person goes into messages and selects a number. Again, 163 00:10:41,360 --> 00:10:45,840 Speaker 1: Lee confirmed this was the case. Lee was the final 164 00:10:45,880 --> 00:10:49,800 Speaker 1: Crown witness. The Crown has now closed its case or 165 00:10:49,840 --> 00:10:54,440 Speaker 1: their argument about what happened on April fifth, twenty twenty one. 166 00:10:54,559 --> 00:10:57,400 Speaker 1: The defense will now be able to argue its version 167 00:10:57,440 --> 00:11:01,840 Speaker 1: of events, specifically why why Pauline Hannah may have took 168 00:11:01,840 --> 00:11:06,080 Speaker 1: her own life while the crown case is over. Notably, 169 00:11:06,240 --> 00:11:09,559 Speaker 1: there is one major absence from the roster of sixty 170 00:11:09,600 --> 00:11:12,880 Speaker 1: two potential Crown witnesses read aloud at the start of 171 00:11:12,920 --> 00:11:18,679 Speaker 1: the trial. Sydney based escort Madison Ashton, the seventy one 172 00:11:18,760 --> 00:11:21,560 Speaker 1: year old surgeon, is accused of having formed a double 173 00:11:21,640 --> 00:11:25,720 Speaker 1: life prior to wife Pauline Hannah's death. The wider jury 174 00:11:25,720 --> 00:11:28,839 Speaker 1: poul has commonly read aloud a list of potential witnesses 175 00:11:28,880 --> 00:11:31,520 Speaker 1: at the start of a trial, so that anybody who 176 00:11:31,600 --> 00:11:34,360 Speaker 1: has a conflict of interest can be dismissed before the 177 00:11:34,360 --> 00:11:38,040 Speaker 1: final group of twelve is selected. No reason has been 178 00:11:38,080 --> 00:11:47,440 Speaker 1: given as to why she's not been called for Coverage 179 00:11:47,480 --> 00:11:50,800 Speaker 1: of other news events in New Zealand, including the legacy 180 00:11:50,880 --> 00:11:54,920 Speaker 1: of Prime Minister Norman Kirk and what's causing the country's 181 00:11:55,080 --> 00:11:59,120 Speaker 1: energy crisis. Listen to the front page The Herald's daily 182 00:11:59,200 --> 00:12:08,440 Speaker 1: news podcast wherever you get your podcasts. After the court 183 00:12:08,480 --> 00:12:12,000 Speaker 1: took the day off on Thursday, day twenty three started 184 00:12:12,080 --> 00:12:15,720 Speaker 1: on Friday. No explicit reason was given for why the 185 00:12:15,760 --> 00:12:20,240 Speaker 1: court didn't sit. Then Philip Polkinghorn walked into court flanked 186 00:12:20,280 --> 00:12:24,000 Speaker 1: by three of his sons, the first appearance from two 187 00:12:24,040 --> 00:12:26,880 Speaker 1: of them. In a packed court room with the public 188 00:12:26,920 --> 00:12:32,360 Speaker 1: gallery largely full, defense lawyer Ron Mansfield began his opening address. 189 00:12:32,720 --> 00:12:36,480 Speaker 3: You don't need a motif if a crime hasn't been committed, 190 00:12:37,360 --> 00:12:40,440 Speaker 3: and you don't need a motif if there has been 191 00:12:40,920 --> 00:12:45,440 Speaker 3: no murder. This trial is really as focused as that. 192 00:12:46,720 --> 00:12:51,160 Speaker 3: Your issue for you to determine is whether there has 193 00:12:51,280 --> 00:12:56,760 Speaker 3: been a culpable homicide, and that's really murder one oh one. 194 00:12:57,240 --> 00:13:00,640 Speaker 1: During the course of the trial, Mansfield says, we've spent 195 00:13:00,720 --> 00:13:03,319 Speaker 1: a lot of time looking at evidence that does not 196 00:13:03,480 --> 00:13:08,400 Speaker 1: focus on that fundamental issue, but instead looked at potential 197 00:13:08,520 --> 00:13:13,160 Speaker 1: motives for a crime that has not actually been established. 198 00:13:13,240 --> 00:13:15,880 Speaker 3: He said, And you might have thought that when the 199 00:13:15,920 --> 00:13:21,800 Speaker 3: police conducted the search and they found evidence of methamphetamine use, 200 00:13:23,120 --> 00:13:28,000 Speaker 3: and when they made further inquiries and found evidence of 201 00:13:28,480 --> 00:13:34,480 Speaker 3: sexual relationships outside of the marriage of mister and Missus Pulkinghorn, 202 00:13:35,280 --> 00:13:40,360 Speaker 3: that they became intoxicated by the thought of establishing a 203 00:13:40,480 --> 00:13:45,520 Speaker 3: murder even though when they stood back, as they should 204 00:13:45,559 --> 00:13:51,040 Speaker 3: have objectively, there was no evidence at all of a 205 00:13:51,080 --> 00:13:57,120 Speaker 3: culpable homicide. And the more and more time they invested 206 00:13:58,080 --> 00:14:02,040 Speaker 3: in the scene at one two one Upland Road, and 207 00:14:02,080 --> 00:14:05,520 Speaker 3: the more and more money they spent over that sixteen 208 00:14:05,640 --> 00:14:13,000 Speaker 3: months we're told of investigation, the focus became not of 209 00:14:13,679 --> 00:14:20,120 Speaker 3: learning of what actually happened, but instead seeking to prove 210 00:14:20,560 --> 00:14:22,600 Speaker 3: a crime that hadn't happened. 211 00:14:22,720 --> 00:14:25,920 Speaker 1: Mansfield urges the jury to give some thought to what 212 00:14:25,960 --> 00:14:29,480 Speaker 1: they know of Polkinghorn when they hear he is accused 213 00:14:29,520 --> 00:14:33,600 Speaker 1: of killing his wife, rather than be intoxicated as the 214 00:14:33,640 --> 00:14:37,920 Speaker 1: police were with the evidence of drug use and other relationships. 215 00:14:39,160 --> 00:14:43,000 Speaker 1: Mansfield said that police jumped to a conclusion that Hannah's 216 00:14:43,080 --> 00:14:46,600 Speaker 1: death was suspicious because of the rope check at the scene. 217 00:14:47,200 --> 00:14:50,280 Speaker 1: This was discussed early on during the Crown's testimony. 218 00:14:50,440 --> 00:14:55,320 Speaker 3: Now the police are believing they are investigating a homicide, 219 00:14:55,480 --> 00:15:00,320 Speaker 3: or at least the potential for one, and everything now 220 00:15:00,440 --> 00:15:04,560 Speaker 3: moves in that direction without stopping and without thinking. 221 00:15:05,760 --> 00:15:11,160 Speaker 4: The pathologist arrives on request, the photographers arrive on request. 222 00:15:11,640 --> 00:15:14,920 Speaker 3: We even get two ESR staff. 223 00:15:14,600 --> 00:15:18,640 Speaker 4: Coming to the premises and being therefore an extended period 224 00:15:19,640 --> 00:15:25,720 Speaker 4: or because it's now being investigated as a potential homicide. 225 00:15:25,440 --> 00:15:29,280 Speaker 3: And it doesn't stop. It's like a junket that just 226 00:15:29,320 --> 00:15:33,400 Speaker 3: gets bigger and bigger, and the more time and the 227 00:15:33,440 --> 00:15:37,200 Speaker 3: more money spent on it, the more there was a need, 228 00:15:37,320 --> 00:15:38,840 Speaker 3: you might think to get a result. 229 00:15:39,320 --> 00:15:42,560 Speaker 1: Mansfield said there's no evidence in the house of a 230 00:15:42,600 --> 00:15:47,920 Speaker 1: fatal assault or a struggle, no blood, bodily fluids or damage, 231 00:15:48,240 --> 00:15:52,280 Speaker 1: no signs that Hannah's body had been assaulted or was moved. 232 00:15:52,840 --> 00:15:56,080 Speaker 1: He said that the two pathologists for the Crown concluded 233 00:15:56,080 --> 00:16:00,600 Speaker 1: that Hannah died by way of neck compression. The argument 234 00:16:00,760 --> 00:16:03,080 Speaker 1: is that Hannah took her own life. 235 00:16:03,560 --> 00:16:08,440 Speaker 3: However, it's the crown case that it's possible to die 236 00:16:08,520 --> 00:16:15,680 Speaker 3: by net compression and leave no evidence of that. I suppose, folks, 237 00:16:15,720 --> 00:16:20,560 Speaker 3: that's the perfect murder. No evidence that the scene, no 238 00:16:20,640 --> 00:16:25,520 Speaker 3: evidence on the body. There would have to be the 239 00:16:25,520 --> 00:16:29,760 Speaker 3: perfect murder, or if it was real, can I suggest 240 00:16:30,200 --> 00:16:32,480 Speaker 3: it's not it's a phantom. 241 00:16:32,720 --> 00:16:36,600 Speaker 1: Mansfield said that the defense case won't focus on Polkinghorn's 242 00:16:36,640 --> 00:16:40,320 Speaker 1: meth use all the relationships the couple had outside of 243 00:16:40,360 --> 00:16:44,600 Speaker 1: their own. Instead, they will call a number of witnesses 244 00:16:45,040 --> 00:16:50,360 Speaker 1: to break down the myths of suicide. Two overseas pathologists 245 00:16:50,440 --> 00:16:54,800 Speaker 1: will weigh in on how Hannah died. An electrical expert 246 00:16:54,880 --> 00:16:58,440 Speaker 1: will testify on when appliances were turned on in the 247 00:16:58,440 --> 00:17:03,240 Speaker 1: couple's Upland Road home. An engineer would give evidence relating 248 00:17:03,280 --> 00:17:07,280 Speaker 1: to how the mechanism described by Polkinghorn could result in 249 00:17:07,359 --> 00:17:13,240 Speaker 1: death by hanging by applying sufficient pressure. Psychologist and psychiatrist 250 00:17:13,359 --> 00:17:18,000 Speaker 1: would give evidence for the defense on suicide factors. Mansfield 251 00:17:18,080 --> 00:17:22,040 Speaker 1: said they then call a suicide expert from the mental 252 00:17:22,080 --> 00:17:25,400 Speaker 1: health sector to put to bed what he says are 253 00:17:25,400 --> 00:17:29,440 Speaker 1: the myths the Crown rely on regarding who commits suicide. 254 00:17:29,560 --> 00:17:31,119 Speaker 3: And if at the end of the day you remain 255 00:17:31,200 --> 00:17:34,919 Speaker 3: concerned about the drug use, or you remain concerned about 256 00:17:35,040 --> 00:17:40,240 Speaker 3: the relationships outside of their marriage, then you might think 257 00:17:41,080 --> 00:17:46,199 Speaker 3: that might just have added further to the burden that 258 00:17:46,400 --> 00:17:52,520 Speaker 3: Pauline was living with at the time, rather than provide 259 00:17:52,840 --> 00:17:56,199 Speaker 3: some motive as a suited by the Crown for a 260 00:17:56,320 --> 00:17:58,439 Speaker 3: murder that never took place. 261 00:18:00,160 --> 00:18:03,879 Speaker 1: Field confirmed that Polkinghorn will not be taking the stand 262 00:18:03,920 --> 00:18:07,359 Speaker 1: as a witness. He said that Polkinghorn has already said 263 00:18:07,520 --> 00:18:10,639 Speaker 1: all he had to. On the afternoon of April fifth, 264 00:18:10,720 --> 00:18:13,919 Speaker 1: twenty twenty one, when he sat down with police for 265 00:18:14,000 --> 00:18:18,000 Speaker 1: that lengthy interview you heard earlier in the trial. You 266 00:18:18,040 --> 00:18:20,520 Speaker 1: could not get a better glimpse than the interview into 267 00:18:20,520 --> 00:18:24,439 Speaker 1: what he saw and experienced that morning, Mansfield said, and 268 00:18:24,480 --> 00:18:27,919 Speaker 1: that Polkinghorn was more open and honest in that chat. 269 00:18:28,320 --> 00:18:31,840 Speaker 1: Any testimony now would be more of a rehearsed version 270 00:18:31,880 --> 00:18:39,800 Speaker 1: of events. Then Mansfield called his first witness, Pauline Hannah's sister, Tracy. 271 00:18:47,119 --> 00:18:50,919 Speaker 1: Tracy is eleven years younger than Pauline. She's lived in 272 00:18:50,920 --> 00:18:54,520 Speaker 1: the UK full time since nineteen ninety two and is 273 00:18:54,560 --> 00:18:58,800 Speaker 1: still based there with her husband and children. She, alongside 274 00:18:58,880 --> 00:19:02,840 Speaker 1: other defense witnesses, today, declined to be filmed or recorded, 275 00:19:03,040 --> 00:19:06,879 Speaker 1: but we can still report their words. She told the 276 00:19:06,920 --> 00:19:09,840 Speaker 1: court that the Hannahs were brought up near Havelock North 277 00:19:09,880 --> 00:19:14,280 Speaker 1: in the Hawk's Bay, on a small farm. Pauline first 278 00:19:14,359 --> 00:19:17,560 Speaker 1: left home when Tracy was about six. She went to 279 00:19:17,640 --> 00:19:22,280 Speaker 1: Victoria University initially, then she withdrew from university and went 280 00:19:22,320 --> 00:19:26,640 Speaker 1: to a secretarial course in Wellington before moving home. When 281 00:19:26,680 --> 00:19:32,160 Speaker 1: Tracy was about eleven, Pauline went traveling overseas. Tracy recalls 282 00:19:32,160 --> 00:19:35,520 Speaker 1: her sister being a kind of motherly figure, if a 283 00:19:35,520 --> 00:19:39,560 Speaker 1: bit controlling, but she speaks highly of her late sister. 284 00:19:40,400 --> 00:19:44,480 Speaker 1: She was an inspiration to me, says Tracy. Tracy says 285 00:19:44,520 --> 00:19:47,200 Speaker 1: that when she left the Hawk's Bay to move to Auckland, 286 00:19:47,520 --> 00:19:51,399 Speaker 1: Pauline was there too. She helped me get my flat. 287 00:19:51,960 --> 00:19:54,600 Speaker 1: Pauline and Tracy were in Auckland at the same time 288 00:19:54,760 --> 00:19:58,080 Speaker 1: for two years before Tracy moved home to the Hawk's 289 00:19:58,119 --> 00:20:01,639 Speaker 1: Bay to care for their sick farm when he died. 290 00:20:01,760 --> 00:20:05,840 Speaker 1: Tracy eventually moved to Australia then the UK, and that's 291 00:20:05,880 --> 00:20:10,040 Speaker 1: where she stayed. Did you remain in contact with Pauline, 292 00:20:10,320 --> 00:20:15,800 Speaker 1: asks Mansfield. Yes, Tracy replied. After Pauline met Philip in 293 00:20:15,800 --> 00:20:19,280 Speaker 1: the mid nineteen nineties. They would frequently visit the UK. 294 00:20:20,280 --> 00:20:23,080 Speaker 1: They'd see each other every other year or two, and 295 00:20:23,119 --> 00:20:26,399 Speaker 1: there were phone calls on Christmas in Easter. We weren't 296 00:20:26,440 --> 00:20:30,080 Speaker 1: in daily contact, but we were a fairly close family 297 00:20:30,119 --> 00:20:34,680 Speaker 1: at that time, Tracy said. Mansfield asks about an incident 298 00:20:34,800 --> 00:20:38,240 Speaker 1: in the family. There was an argument between Pauline and 299 00:20:38,280 --> 00:20:42,240 Speaker 1: their mother Fay in the kitchen around nineteen ninety two. 300 00:20:42,400 --> 00:20:44,720 Speaker 1: This isn't the wake of the death of their father. 301 00:20:45,680 --> 00:20:50,080 Speaker 1: It escalated Pauline was having an emotional crisis. She was 302 00:20:50,119 --> 00:20:54,440 Speaker 1: shouting and crying, and her mother, unusually was also crying. 303 00:20:54,640 --> 00:20:59,280 Speaker 1: Tracy says she went into the kitchen and intervened, asking 304 00:20:59,520 --> 00:21:03,280 Speaker 1: why she was upsetting their mother. Then she turned her 305 00:21:03,320 --> 00:21:07,280 Speaker 1: anger onto me, and I can't remember. There was toing 306 00:21:07,320 --> 00:21:10,000 Speaker 1: and frowing, and all of a sudden, she said that 307 00:21:10,080 --> 00:21:13,399 Speaker 1: she'd tried to kill herself. She flashed her arms up 308 00:21:13,400 --> 00:21:16,280 Speaker 1: at us, as if to say she'd tried to harm herself, 309 00:21:16,440 --> 00:21:20,400 Speaker 1: says Tracy. Did she say she'd try to harm herself 310 00:21:20,440 --> 00:21:25,040 Speaker 1: in that way? Asks Mansfield. No, says Tracy. She just 311 00:21:25,119 --> 00:21:29,000 Speaker 1: signaled it. Tracy said, the world stopped, and she can't 312 00:21:29,040 --> 00:21:32,040 Speaker 1: remember what she said. Next, she said she should have 313 00:21:32,080 --> 00:21:35,639 Speaker 1: followed up, but she was only twenty one and suicide 314 00:21:35,720 --> 00:21:38,320 Speaker 1: wasn't something spoken of in New Zealand at the time. 315 00:21:39,400 --> 00:21:43,600 Speaker 1: Did you ever follow up, asks Mansfield. I didn't, and 316 00:21:43,680 --> 00:21:47,560 Speaker 1: I deeply regret it, says Tracy. It was never mentioned again. 317 00:21:48,560 --> 00:21:51,640 Speaker 1: Tracy details the falling out she had with her siblings 318 00:21:51,640 --> 00:21:55,480 Speaker 1: in recent years. It stems from the transfer of ownership 319 00:21:55,520 --> 00:21:59,520 Speaker 1: of the family farm, long Lands to Bruce, Pauline and 320 00:21:59,560 --> 00:22:03,000 Speaker 1: Tracy brother who testified for the Crown earlier in the trial. 321 00:22:03,880 --> 00:22:06,879 Speaker 1: Their mother, Fay, wanted to stay on the property and 322 00:22:06,960 --> 00:22:10,800 Speaker 1: did for many years until her descent into dementia became 323 00:22:10,960 --> 00:22:15,639 Speaker 1: too difficult to handle. Bruce proposed a retirement home, which 324 00:22:15,760 --> 00:22:20,760 Speaker 1: Tracy disagreed with. Pauline did too initially, but eventually sided 325 00:22:20,800 --> 00:22:25,200 Speaker 1: with Bruce. When Faye did move into care, Pauline called 326 00:22:25,240 --> 00:22:28,680 Speaker 1: Tracy the day after to say her and Bruce had 327 00:22:28,720 --> 00:22:33,119 Speaker 1: had a big argument. When Tracy last saw Pauline in 328 00:22:33,160 --> 00:22:36,560 Speaker 1: twenty nineteen, at Ring's Beach in the Corimandel, where the 329 00:22:36,560 --> 00:22:40,119 Speaker 1: Polkinghorns had a batch, she said she was not coping 330 00:22:40,160 --> 00:22:44,879 Speaker 1: at all with mum's dementia development. Pauline worried how frequently 331 00:22:45,000 --> 00:22:48,360 Speaker 1: she would be able to visit her mother. Tracy recalled 332 00:22:48,400 --> 00:22:51,959 Speaker 1: meeting Polkinghorn for the first time in the nineteen nineties 333 00:22:52,280 --> 00:22:56,520 Speaker 1: at a restaurant in Soho before he married Hannah. Polkinghorn 334 00:22:56,640 --> 00:23:01,400 Speaker 1: was charming, generous, friendly and great company. I was really 335 00:23:01,440 --> 00:23:05,240 Speaker 1: happy for my sister, Tracy said. She served as a 336 00:23:05,280 --> 00:23:09,520 Speaker 1: bridesmaid for their wedding. Asked how the couple seemed when 337 00:23:09,560 --> 00:23:14,439 Speaker 1: they did meet, Tracy said, very typical couple behavior. Happy 338 00:23:14,440 --> 00:23:18,560 Speaker 1: couple behavior. Tracy and her husband would holiday with Pauline 339 00:23:18,560 --> 00:23:22,440 Speaker 1: and Philip. They took holidays together, including a canal holiday 340 00:23:22,440 --> 00:23:25,600 Speaker 1: in Wales and one in the Greek island of Santorini. 341 00:23:26,480 --> 00:23:29,680 Speaker 1: Pauline did a reading at Tracy's London wedding in two 342 00:23:29,760 --> 00:23:34,119 Speaker 1: thousand and five. Tracy would come to New Zealand too. 343 00:23:34,320 --> 00:23:37,119 Speaker 1: It always just seemed like a normal husband and wife 344 00:23:37,200 --> 00:23:42,680 Speaker 1: relationship to me, she said. Under questioning from Mansfield, Tracy 345 00:23:42,760 --> 00:23:46,200 Speaker 1: said repeatedly that she did not see any signs of 346 00:23:46,280 --> 00:23:50,040 Speaker 1: anything unusual between Pauline and Philip on the times she 347 00:23:50,160 --> 00:23:53,200 Speaker 1: stayed with them. She did learn from her brother Bruce 348 00:23:53,240 --> 00:23:57,199 Speaker 1: in April twenty nineteen about Philip having an affair with 349 00:23:57,280 --> 00:24:01,680 Speaker 1: a woman in Australia. Tracy had testified that she never 350 00:24:01,760 --> 00:24:06,520 Speaker 1: discussed this with Pauline. Tracy said that she was concerned 351 00:24:06,560 --> 00:24:10,440 Speaker 1: by an email Pauline sent in May twenty twenty, which 352 00:24:10,480 --> 00:24:13,520 Speaker 1: we've heard about earlier in the trial, where Pauline had 353 00:24:13,560 --> 00:24:16,119 Speaker 1: said she hadn't had a day off in eight weeks. 354 00:24:16,160 --> 00:24:19,879 Speaker 1: In the midst of the COVID response. Like other witnesses, 355 00:24:20,320 --> 00:24:23,879 Speaker 1: Tracy testified that Pauline was a hard worker and she 356 00:24:23,920 --> 00:24:27,560 Speaker 1: took Pride in her appearance. She wasn't sure how much 357 00:24:27,600 --> 00:24:32,200 Speaker 1: Pauline drank, though thinks Philip drank less than her. Tracy 358 00:24:32,359 --> 00:24:37,159 Speaker 1: was aware that Pauline took antidepressants. The Crowns Brian Dickie 359 00:24:37,240 --> 00:24:41,439 Speaker 1: then started his cross examination. He pushed Tracy to be 360 00:24:41,840 --> 00:24:46,520 Speaker 1: more specific on timings of when the alleged suicide attempt happened. 361 00:24:47,200 --> 00:24:50,520 Speaker 1: She couldn't provide details other than it took place between 362 00:24:50,560 --> 00:24:55,960 Speaker 1: May nineteen ninety and February nineteen ninety two. Tracy asked 363 00:24:56,000 --> 00:24:58,800 Speaker 1: Dickie if he was accusing her of lying and that 364 00:24:58,840 --> 00:25:02,520 Speaker 1: she took offense to that. Well, take all the offense 365 00:25:02,640 --> 00:25:05,560 Speaker 1: you like, but just try and answer the questions, he said. 366 00:25:06,240 --> 00:25:09,119 Speaker 1: Tracy said that she did not have any details on 367 00:25:09,160 --> 00:25:13,760 Speaker 1: the specifics of Pauline's alleged attempt, saying her sister was 368 00:25:13,880 --> 00:25:17,040 Speaker 1: having an emotional meltdown and she wasn't going to sit 369 00:25:17,080 --> 00:25:20,639 Speaker 1: there questioning her. She said she didn't remember it until 370 00:25:20,680 --> 00:25:23,439 Speaker 1: after she was told police had died in May twenty 371 00:25:23,520 --> 00:25:27,720 Speaker 1: twenty one, but before she made her statement to police. 372 00:25:27,800 --> 00:25:31,240 Speaker 1: Tracy admitted that she was critical of the police investigation 373 00:25:31,520 --> 00:25:34,879 Speaker 1: and the focus on Philip. Asked by Dickie if she 374 00:25:34,920 --> 00:25:37,560 Speaker 1: had already taken a point of view about what happened. 375 00:25:37,920 --> 00:25:42,959 Speaker 1: Tracy said, so had the police. Dickie read a text 376 00:25:43,040 --> 00:25:48,080 Speaker 1: exchange between Philip and Tracy after Pauline's death. I'm so 377 00:25:48,320 --> 00:25:52,760 Speaker 1: toxic about the enz police, Polkinghorn wrote, saying he wasn't 378 00:25:52,760 --> 00:25:55,760 Speaker 1: sure he could treat another police officer as a patient. 379 00:25:56,640 --> 00:26:01,440 Speaker 1: They've treated you appallingly whatever happened to innoc until proven guilty, 380 00:26:01,560 --> 00:26:06,600 Speaker 1: Tracy replied. In a further question by Mansfield, Tracy said 381 00:26:06,760 --> 00:26:09,960 Speaker 1: that she had not been contacted by Pauline. Around Christmas 382 00:26:10,000 --> 00:26:13,480 Speaker 1: twenty nineteen to say she had contacted a mental health 383 00:26:13,520 --> 00:26:22,840 Speaker 1: crisis team. The next defense witness was Polkinghorn's first wife 384 00:26:22,840 --> 00:26:25,280 Speaker 1: and the mother of his three sons, who has been 385 00:26:25,320 --> 00:26:29,240 Speaker 1: granted interim name suppression. She and Polkinghorn were at the 386 00:26:29,359 --> 00:26:33,200 Speaker 1: University of Otago in the nineteen seventies, but didn't meet 387 00:26:33,280 --> 00:26:36,400 Speaker 1: until a mutual friend later invited them to a party, 388 00:26:36,880 --> 00:26:40,520 Speaker 1: telling her Polkinghorn wanted to meet her. They started dating 389 00:26:40,640 --> 00:26:44,600 Speaker 1: and later married. They spent some time in Nelson, where 390 00:26:44,640 --> 00:26:48,080 Speaker 1: he was a house surgeon, traveled abroad, moved to Dunedin 391 00:26:48,200 --> 00:26:51,199 Speaker 1: for four years for training, then went to London for 392 00:26:51,240 --> 00:26:56,040 Speaker 1: Polkinghorn's postgraduate training at an eye hospital. They separated in 393 00:26:56,119 --> 00:27:00,160 Speaker 1: nineteen ninety one. She said that their marriage broke up 394 00:27:00,240 --> 00:27:03,840 Speaker 1: due to Philip having an affair. She said that Polkinghorn 395 00:27:03,960 --> 00:27:08,560 Speaker 1: has never threatened or used violence during the marriage. The 396 00:27:08,640 --> 00:27:12,600 Speaker 1: last two witnesses of the day were neighbors from Rings Beach, Corrimandel. 397 00:27:13,359 --> 00:27:16,639 Speaker 1: Earlier in the trial, witnesses for the Crown testified of 398 00:27:16,760 --> 00:27:22,320 Speaker 1: Polkinghorn's demeanor changing over the years. In twenty nineteen, Polkinghorn 399 00:27:22,359 --> 00:27:26,040 Speaker 1: didn't come down for Christmas, which was noticed by his neighbors. 400 00:27:26,440 --> 00:27:30,680 Speaker 1: As we've heard several times in this trial. Anglican priest 401 00:27:30,840 --> 00:27:34,320 Speaker 1: Gillian Reid was called first. She'd known the couple for 402 00:27:34,359 --> 00:27:37,600 Speaker 1: more than thirty years. Her batch was only about five 403 00:27:37,680 --> 00:27:41,680 Speaker 1: hundred meters from the polking Horns. They'd see each other 404 00:27:41,760 --> 00:27:44,760 Speaker 1: two or three times a year. Reid saw more of 405 00:27:44,760 --> 00:27:48,080 Speaker 1: them when she moved to the community permanently ten years ago. 406 00:27:49,119 --> 00:27:52,240 Speaker 1: Hannah would sometimes make an effort to see her, Reid said. 407 00:27:53,080 --> 00:27:56,120 Speaker 1: She said that Hannah felt she wasn't achieving the standards 408 00:27:56,160 --> 00:27:59,880 Speaker 1: she set for herself, and testified that in January twenty 409 00:28:00,119 --> 00:28:04,440 Speaker 1: twenty one, Hannah seemed to have lost some weight, Reid said. 410 00:28:04,520 --> 00:28:08,920 Speaker 1: Hannah expressed that she was struggling. Under cross examination by 411 00:28:08,960 --> 00:28:12,840 Speaker 1: Brian Dickie. Reid said that's the only time Hannah ever 412 00:28:12,880 --> 00:28:16,639 Speaker 1: spoke of her concerns. The final witness of the week 413 00:28:16,760 --> 00:28:21,400 Speaker 1: was mechanic David Martin Daniels. His wife and her sisters 414 00:28:21,520 --> 00:28:24,800 Speaker 1: also had a rings beach batch. He said they got 415 00:28:24,800 --> 00:28:27,800 Speaker 1: to know the polking Horns, would see them four, five, 416 00:28:27,960 --> 00:28:32,760 Speaker 1: six times a year. He counted himself amongst Polkinghorn's fishing buddies. 417 00:28:33,760 --> 00:28:37,000 Speaker 1: Daniels said he never saw polking Horn under the influence 418 00:28:37,040 --> 00:28:40,240 Speaker 1: of drug or lose his temper. He said he didn't 419 00:28:40,280 --> 00:28:45,400 Speaker 1: think Polkinghorn's absence in Christmas twenty nineteen was notable, Just 420 00:28:45,480 --> 00:28:49,000 Speaker 1: as Graham Lang briefly addressed the jury and said that 421 00:28:49,080 --> 00:28:51,920 Speaker 1: it seemed likely that the trial would enter a seventh 422 00:28:51,960 --> 00:29:00,400 Speaker 1: week the week of September ninth. The trial continues on Monday. 423 00:29:04,120 --> 00:29:07,440 Speaker 1: You can listen to episodes of Accused the Polkinghorn Trial 424 00:29:07,840 --> 00:29:10,840 Speaker 1: through the Front Page podcast feed or find it on 425 00:29:10,960 --> 00:29:15,560 Speaker 1: iHeartRadio or wherever you get your podcasts. This series is 426 00:29:15,600 --> 00:29:20,080 Speaker 1: presented and produced by me Chelsea Daniels with producer Ethan 427 00:29:20,160 --> 00:29:24,600 Speaker 1: Sills and sound engineer Patty Fox, additional production support by 428 00:29:24,680 --> 00:29:29,040 Speaker 1: Helen King, additional reporting from The Heralds Craig Captan and 429 00:29:29,120 --> 00:29:32,840 Speaker 1: George Block. And for more coverage of the Polkinghorn Trial, 430 00:29:33,280 --> 00:29:35,960 Speaker 1: head to enzid herold dot co dot nz