1 00:00:07,520 --> 00:00:10,719 Speaker 1: Hilda. I'm Chelsea Daniels and from the team behind the 2 00:00:10,760 --> 00:00:14,920 Speaker 1: front page the New Zealand Herald's daily news podcast, This 3 00:00:15,400 --> 00:00:19,880 Speaker 1: is Accused The Pulkinghorn Trial. Over the next six weeks, 4 00:00:19,920 --> 00:00:24,040 Speaker 1: in conjunction with our usual daily episodes, will be bringing 5 00:00:24,079 --> 00:00:27,240 Speaker 1: you regular coverage as one of the most high profile 6 00:00:27,360 --> 00:00:30,040 Speaker 1: trials of the year makes its way through the High 7 00:00:30,040 --> 00:00:38,479 Speaker 1: Court at Auckland. A successful I surgeon, a celebrated DHB boss, 8 00:00:39,000 --> 00:00:43,040 Speaker 1: an unexplained death in an affluent Auckland suburb over a 9 00:00:43,080 --> 00:00:46,600 Speaker 1: long weekend. Today marks the beginning of a trial that 10 00:00:46,640 --> 00:00:48,640 Speaker 1: has been years in the making. 11 00:00:49,080 --> 00:00:53,120 Speaker 2: A post mortem is complete, but police are still investigating 12 00:00:53,320 --> 00:00:57,160 Speaker 2: a sudden, unexplained death in Auckland's rama Weetder on Monday. 13 00:00:57,360 --> 00:01:00,640 Speaker 2: Police are waiting for results from other inquiries and are 14 00:01:00,680 --> 00:01:02,960 Speaker 2: still at the Upland Road address. 15 00:01:05,800 --> 00:01:08,840 Speaker 1: Pauline Hannah was found dead at the Remuerra home she 16 00:01:08,920 --> 00:01:13,039 Speaker 1: shared with her husband of thirty years, Philip Polkinghorn, on 17 00:01:13,200 --> 00:01:17,080 Speaker 1: Easter Monday twenty twenty one. The sixty three year old's 18 00:01:17,120 --> 00:01:21,000 Speaker 1: body was found inside the four million dollar Upland Road 19 00:01:21,160 --> 00:01:26,200 Speaker 1: property and for sixteen months her death was treated as unexplained. 20 00:01:26,880 --> 00:01:30,959 Speaker 1: That's until it emerged, Polkinghorn had been charged with murder. 21 00:01:31,360 --> 00:01:35,520 Speaker 1: He pleaded not guilty in August twenty twenty two. Here's 22 00:01:35,520 --> 00:01:40,880 Speaker 1: a report from me at that time. In twenty twenty two, Hannah, 23 00:01:40,920 --> 00:01:43,959 Speaker 1: who worked at the county's Monico DHB and was involved 24 00:01:44,000 --> 00:01:47,319 Speaker 1: in the COVID vaccine rollout, was found dead on April 25 00:01:47,360 --> 00:01:51,360 Speaker 1: fifth last year. Her death has been described as unexplained 26 00:01:51,760 --> 00:01:56,440 Speaker 1: until today's murder charge. Wearing jeans and a black leather jacket, 27 00:01:56,480 --> 00:02:00,240 Speaker 1: he pleaded not guilty through lawyer Rachel Reid HC and 28 00:02:00,280 --> 00:02:04,000 Speaker 1: will be released on bail. Polking Horn says he's shocked 29 00:02:04,040 --> 00:02:07,440 Speaker 1: he's been charged. He says he won't comment further, but 30 00:02:07,560 --> 00:02:10,600 Speaker 1: hopes the justice process will run its course and the 31 00:02:10,720 --> 00:02:14,800 Speaker 1: truth will be known. Polking Horn retired after his wife's 32 00:02:14,840 --> 00:02:20,400 Speaker 1: death and has moved out of the house. Police spent 33 00:02:20,680 --> 00:02:24,560 Speaker 1: eleven days searching the couple's home after Hannah's death on 34 00:02:24,639 --> 00:02:28,440 Speaker 1: April fifth, twenty twenty one. In a statement released through 35 00:02:28,480 --> 00:02:31,400 Speaker 1: his lawyer at the time of his arrest, polking Horn 36 00:02:31,440 --> 00:02:35,480 Speaker 1: expressed his shock at being charged. He said, I am 37 00:02:35,520 --> 00:02:38,880 Speaker 1: shocked that the police have charged me. I have recorded 38 00:02:38,919 --> 00:02:42,080 Speaker 1: that I am not guilty immediately now that the police 39 00:02:42,120 --> 00:02:44,400 Speaker 1: have charged me. The matter is before the courts and 40 00:02:44,440 --> 00:02:46,519 Speaker 1: I am not permitted to comment further. 41 00:02:46,600 --> 00:02:47,040 Speaker 2: He said. 42 00:02:47,440 --> 00:02:50,840 Speaker 1: The justice process must now run its course, and I 43 00:02:50,960 --> 00:02:54,600 Speaker 1: trust the truth will be shown. I thank my family 44 00:02:54,680 --> 00:02:59,480 Speaker 1: and friends for their enduring love and support. Polking Horn, 45 00:02:59,520 --> 00:03:02,120 Speaker 1: who for he worked as a doctor at auckland I 46 00:03:02,760 --> 00:03:06,520 Speaker 1: retired following his wife's death. Hannah had worked in various 47 00:03:06,600 --> 00:03:10,119 Speaker 1: roles in the public health system, including as an executive 48 00:03:10,200 --> 00:03:14,519 Speaker 1: project director at County's Monaco DHB and aiding with the 49 00:03:14,560 --> 00:03:19,360 Speaker 1: COVID nineteen vaccine rollout. We're joined now by senior Herald 50 00:03:19,400 --> 00:03:23,160 Speaker 1: reporter Carolyn Mgnee, who has also followed this case from 51 00:03:23,160 --> 00:03:28,040 Speaker 1: the very beginning. First off, can you take us back 52 00:03:28,200 --> 00:03:30,280 Speaker 1: to April twenty twenty one. 53 00:03:30,320 --> 00:03:31,679 Speaker 2: How did all of this start? 54 00:03:32,200 --> 00:03:34,880 Speaker 3: It was an intriguing story, and I think the reason 55 00:03:34,920 --> 00:03:39,560 Speaker 3: why this case is of high interest public interest is 56 00:03:39,600 --> 00:03:45,320 Speaker 3: because it involves Philip Polkinghorn, a very highly acclaimed and 57 00:03:45,360 --> 00:03:50,960 Speaker 3: accomplished auckland Is surgeon, and his wife, Pauline Hannah, who 58 00:03:51,160 --> 00:03:55,200 Speaker 3: was a half executive at County's Monocal for about twenty years, 59 00:03:55,840 --> 00:03:58,040 Speaker 3: and she was also very, very highly involved in the 60 00:03:58,040 --> 00:04:02,080 Speaker 3: emergency response during COVID at that time. And I guess 61 00:04:02,120 --> 00:04:05,000 Speaker 3: it also is a case that you know, has all 62 00:04:05,040 --> 00:04:07,280 Speaker 3: the elements of a great mystery in a way, I mean, 63 00:04:07,320 --> 00:04:13,920 Speaker 3: you know, wealth, wealth factor, the elite. I suppose also 64 00:04:14,000 --> 00:04:18,280 Speaker 3: the fact that the death was unexplained so long as well, 65 00:04:18,839 --> 00:04:22,680 Speaker 3: so long, I mean Pauline died on April the fifth, 66 00:04:22,760 --> 00:04:28,360 Speaker 3: twenty twenty one. Philip Pockinghorn wasn't charged till seventeen months 67 00:04:28,480 --> 00:04:31,280 Speaker 3: later and appeared in court. We've had to wait two 68 00:04:31,360 --> 00:04:32,960 Speaker 3: years for this trial to start. 69 00:04:33,720 --> 00:04:36,520 Speaker 1: You and I are attending the trial which starts today. 70 00:04:36,800 --> 00:04:40,520 Speaker 1: For the audience, we can kind of explain what happens 71 00:04:40,800 --> 00:04:44,719 Speaker 1: from the outset. The audience might read here or see 72 00:04:45,200 --> 00:04:48,080 Speaker 1: articles from a trial, but may not know the actual 73 00:04:48,120 --> 00:04:50,039 Speaker 1: process of how we got to this point and what 74 00:04:50,080 --> 00:04:53,000 Speaker 1: happens from here. So from today what happens. 75 00:04:52,800 --> 00:04:55,239 Speaker 3: We do know, and we've been told that the trial 76 00:04:55,279 --> 00:04:57,800 Speaker 3: will take six weeks. We understand that there will be 77 00:04:57,920 --> 00:05:00,479 Speaker 3: quite a number of witnesses I assume probably lots of 78 00:05:00,520 --> 00:05:05,039 Speaker 3: family members attending on behalf of both sides. Ron Mansfield 79 00:05:05,279 --> 00:05:08,880 Speaker 3: is heading up the defense side along with his assistants, 80 00:05:09,279 --> 00:05:13,960 Speaker 3: and the Crown is Brian Dickey and Alisha McLintock. 81 00:05:14,120 --> 00:05:16,680 Speaker 1: And from today we kind of go through the process 82 00:05:16,800 --> 00:05:20,360 Speaker 1: of finding that jury pool, and there's no clue as 83 00:05:20,360 --> 00:05:21,680 Speaker 1: to how long that will take. 84 00:05:22,120 --> 00:05:23,880 Speaker 3: Well, no, and I think they will have to be 85 00:05:24,080 --> 00:05:27,400 Speaker 3: very very meticulous about this because there has been a 86 00:05:27,400 --> 00:05:30,160 Speaker 3: lot of publicity in the past. It will be very 87 00:05:30,160 --> 00:05:33,000 Speaker 3: interesting to see how they vetoed or packed art to 88 00:05:33,040 --> 00:05:35,679 Speaker 3: be honest, and given the nature of the case as well, 89 00:05:35,920 --> 00:05:36,400 Speaker 3: we don't. 90 00:05:36,200 --> 00:05:39,000 Speaker 1: Know how long selecting a jury pool will take. After 91 00:05:39,040 --> 00:05:41,200 Speaker 1: that we get to hear the Crown and the defense 92 00:05:41,240 --> 00:05:44,000 Speaker 1: and their opening addresses and what kind of evidence or 93 00:05:44,000 --> 00:05:47,159 Speaker 1: witnesses they'll be calling over the next however, many weeks. 94 00:05:47,600 --> 00:05:51,159 Speaker 3: Absolutely what will be interesting I think watching the jury 95 00:05:51,240 --> 00:05:54,720 Speaker 3: being chosen I always find interesting, particularly in cases like this, 96 00:05:54,880 --> 00:06:01,800 Speaker 3: high profile cases, the gender balance, age, even sometimes ethnicity. 97 00:06:02,200 --> 00:06:04,360 Speaker 3: I find that sort of very interesting. 98 00:06:04,960 --> 00:06:10,919 Speaker 1: Thanks for joining us, Caro. So let's talk about the 99 00:06:11,040 --> 00:06:14,080 Speaker 1: key players we'll see and hear from over the next 100 00:06:14,120 --> 00:06:17,120 Speaker 1: month or so of this trial for the Crown. Crown 101 00:06:17,200 --> 00:06:21,000 Speaker 1: Solicitor Brian Dickey is a barrister at bank Side Chambers. 102 00:06:21,360 --> 00:06:24,000 Speaker 1: He led his first High Court trial at the age 103 00:06:24,000 --> 00:06:26,880 Speaker 1: of twenty three, and his first murder trial in two 104 00:06:26,960 --> 00:06:30,920 Speaker 1: thousand and three. He was appointed Crown Solicitor in twenty 105 00:06:31,040 --> 00:06:34,520 Speaker 1: fifteen and spent several years with a focus on commercial 106 00:06:34,560 --> 00:06:38,600 Speaker 1: litigation and white collar crime, including the run of finance 107 00:06:38,680 --> 00:06:42,479 Speaker 1: company cases following the global financial crisis. He's been at 108 00:06:42,520 --> 00:06:45,360 Speaker 1: the front and center of some of the country's biggest 109 00:06:45,600 --> 00:06:49,480 Speaker 1: murder trials. On the defense side, Ron Mansfield k C 110 00:06:49,880 --> 00:06:52,719 Speaker 1: is a senior criminal lawyer with more than thirty years 111 00:06:52,760 --> 00:06:55,839 Speaker 1: of experience. He was appointed to the senior rank of 112 00:06:56,000 --> 00:07:00,279 Speaker 1: King's Council in twenty twenty one. He's defended client and 113 00:07:00,360 --> 00:07:05,080 Speaker 1: serious criminal cases in some of New Zealand's highest profile trials, 114 00:07:05,400 --> 00:07:09,200 Speaker 1: as well as those charged with criminal offenses. Mansfield also 115 00:07:09,279 --> 00:07:13,360 Speaker 1: has a strong social justice streak. He's represented high profile 116 00:07:13,400 --> 00:07:21,080 Speaker 1: activists in cases involving social justice issues. So you might 117 00:07:21,080 --> 00:07:25,000 Speaker 1: be wondering how does a trial work. Well, today, work 118 00:07:25,040 --> 00:07:28,760 Speaker 1: will begin on impaneling a jury of twelve people. There 119 00:07:28,800 --> 00:07:31,880 Speaker 1: is never an indication on how long this will actually take. 120 00:07:32,240 --> 00:07:35,440 Speaker 1: It starts with the court registrar calling people's names out 121 00:07:35,480 --> 00:07:38,920 Speaker 1: to be potential jurors, which a lawyer can then challenge. 122 00:07:39,400 --> 00:07:41,920 Speaker 1: They don't have to explain why they challenge people, but 123 00:07:41,920 --> 00:07:44,280 Speaker 1: it's a tool that is used to ensure a good 124 00:07:44,400 --> 00:07:48,000 Speaker 1: cross section of a society on a final jury. The 125 00:07:48,080 --> 00:07:50,880 Speaker 1: judge usually makes opening remarks at the beginning of a 126 00:07:50,960 --> 00:07:54,280 Speaker 1: trial and explains the role of a jury, and they'll 127 00:07:54,320 --> 00:07:57,640 Speaker 1: explain how the law works and help jurors understand the 128 00:07:57,800 --> 00:08:01,880 Speaker 1: evidence that is presented in court. After a jury is 129 00:08:02,040 --> 00:08:06,400 Speaker 1: chosen or impaneled, the prosecution will begin outlining their case 130 00:08:06,560 --> 00:08:09,920 Speaker 1: with an opening statement. It includes what the defendant is 131 00:08:10,080 --> 00:08:13,360 Speaker 1: charged with and an explanation of the kinds of evidence 132 00:08:13,520 --> 00:08:16,080 Speaker 1: they'll present to the court. This is where the public 133 00:08:16,160 --> 00:08:19,720 Speaker 1: learns what the crown believes happened and how it intends 134 00:08:19,760 --> 00:08:23,640 Speaker 1: to prove it. The defense may also make an opening statement. 135 00:08:23,720 --> 00:08:27,080 Speaker 1: At this point. Witnesses will then be called to testify 136 00:08:27,280 --> 00:08:31,520 Speaker 1: one by one, questioned first by the prosecution and then 137 00:08:31,600 --> 00:08:35,560 Speaker 1: by the defense. That's called a cross examination. After the 138 00:08:35,600 --> 00:08:40,079 Speaker 1: prosecution's witnesses, the defense has then the chance to present 139 00:08:40,200 --> 00:08:43,360 Speaker 1: its evidence. If they intend to call witnesses, they too 140 00:08:43,400 --> 00:08:47,520 Speaker 1: will present an opening statement. When all the evidence is presented, 141 00:08:47,559 --> 00:08:50,920 Speaker 1: the prosecution and defense will make their closing statements to 142 00:08:50,960 --> 00:08:54,040 Speaker 1: the jury, and then the judge summarizes the case and 143 00:08:54,120 --> 00:08:57,480 Speaker 1: describes how the law applies to it. The jury then 144 00:08:57,520 --> 00:09:00,880 Speaker 1: goes out to deliberate. That could take hours or dace. 145 00:09:04,520 --> 00:09:07,440 Speaker 1: Regardless of how long it takes, we'll be bringing you 146 00:09:07,559 --> 00:09:11,320 Speaker 1: regular episodes over the coming weeks with insight from those 147 00:09:11,559 --> 00:09:15,680 Speaker 1: covering the trial. You can listen to episodes of Accused 148 00:09:15,840 --> 00:09:19,920 Speaker 1: the Polkinghorn Trial through the front Page podcast feed or 149 00:09:19,960 --> 00:09:23,200 Speaker 1: find it on iHeartRadio or wherever you get your podcasts. 150 00:09:23,679 --> 00:09:27,640 Speaker 1: This series is presented and produced by me Chelsea Daniels, 151 00:09:27,840 --> 00:09:31,800 Speaker 1: with producer Ethan Siles and sound engineer Patti fox And. 152 00:09:31,840 --> 00:09:35,600 Speaker 1: For more coverage of the Polkinghorn Trial, head to enzidherld 153 00:09:35,679 --> 00:09:36,960 Speaker 1: dot co dot enz