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Jurors peek into Polkinghorne's laptop: Spousal letters and extra-marital sex videos

Author
Craig Kapitan,
Publish Date
Thu, 22 Aug 2024, 8:41pm

Jurors peek into Polkinghorne's laptop: Spousal letters and extra-marital sex videos

Author
Craig Kapitan,
Publish Date
Thu, 22 Aug 2024, 8:41pm

WARNING: DISTRESSING CONTENT

Jurors were presented a portrait of a failing marriage today as letters between Dr Philip Polkinghorne and his late wife were read aloud in his ongoing murder trial.

鈥淚 have come to the recognition, belatedly that you are not going to change,鈥 the Auckland eye surgeon wrote Pauline Hanna in a 2020 letter that police later extracted from their laptops. 鈥淚 know by now the cycle of how we relate to each other, the verbal gymnastics, the overstepping of the boundaries, the barbs, and then the declaration of love, only to reboot the same pathway a week or month later. My options it seems are dead simple; either accept my lot or move on, apart.鈥

But Polkinghorne鈥檚 declaration of aggrievement was juxtaposed by prosecutors almost immediately with other items retrieved from his laptop: sexual photos and videos of the defendant and Australian sex worker Madison Ashton, viewed the day before Hanna鈥檚 death; details of a $90,000 loan from him to the sex worker; and an email exchange the weekend before Hanna鈥檚 death about having furniture delivered to Ashton in Sydney.

Polkinghorne, 71, is accused of having strangled Hanna inside their Remuera home before staging the scene on the morning of 5 April 2021 to look like a suicide. A significant part of the Crown鈥檚 circumstantial case in the High Court at Auckland is that he might have been high on methamphetamine when he lashed out at his wife 鈥 possibly during an argument over his substantial spending on sex workers or his 鈥渄ouble life鈥 with Ashton.

He has pleaded not guilty and his lawyers have endeavoured through cross-examination of Crown witnesses to convince jurors that the case is an example of police overreach based in part on judgmental views on the couple鈥檚 lifestyle. Hanna, 63, had suffered depression for decades and was dealing with more stress at work than ever before due to her role in helping manage the rollout of the Covid-19 vaccine, the defence has argued. Her death was exactly as it initially looked, a suicide, they said.

Defence lawyer Ron Mansfield KC described the couple鈥檚 marriage at the outset of the trial as 鈥済ood, supportive and positive鈥.

In Polkinghorne鈥檚 lengthy letter to Hanna, written over a year before her death, he said he had been feeling 鈥渋ncreasingly devoid鈥 in their relationship.

鈥淢y words seem to me continually either ignored or misinterpreted, to the extent I can no longer tell you of my aspirations, goals for the future, what I want to do, what I want us to consider,鈥 he wrote. 鈥淢ore recently I feel any comment I make is answered with a barb. I am concerned you don鈥檛 really listen to me. You don鈥檛 want to know what I really think.鈥

He then went on to criticise her spending, noting that Hanna hadn鈥檛 paid any of the couple鈥檚 bills in the 25 years they鈥檇 been together.

鈥滷or many years you have asked what I want for Christmas and my stock answer has been to not to ask me to borrow money from me. But in 2019, not only was that ignored but you went and got an overdraft as well,鈥 he wrote.

鈥...Again, as I have said numerous times, I don鈥檛 want to lend you money, I don鈥檛 want to take money out of your account next 鈥榃ednesday鈥, I have other demands on my time and as happened at the end of November there wasn鈥檛 enough money in your account to reimburse me anyway. Yes, your contempt of money does annoy me, even stating your flights are free beggar鈥檚 belief knowing it is the use my 鈥榓irmiles鈥 that is paying for those flights, dare I say denying me a discounted flight.鈥

Hanna appeared taken aback by the letter, which she replied to days later.

鈥淣ow that it is largely you and me I was of the view that we have a really exciting, vibrant time ahead for the next 30 years, doing many of the things we love together, spending more time at the Beach, being grandparents and really enjoying - together - the fruits of all that the two of us have done,鈥 she explained. 鈥淚 still have bucket loads of love - I think you do too.

鈥淚 have read this email and re-read it so many times and the devastation I feel that I appear to have let you down so badly.鈥

She said she didn鈥檛 realise he had been keeping such close tabs on 鈥渉e and hers鈥 spending. But it is 鈥渢ruly unfair鈥, she said, to characterise her as 鈥渁 totally selfish person who contributes nothing financially鈥.

鈥渓 am so sorry - you are everything to me and you have changed,鈥 she concluded. 鈥淚 haven鈥檛, but clearly I have not read your signals.

鈥淚f you want to make a change (i.e. Divorce) please make it now before 31 JANUARY so that I can make arrangements. I am 62 in February and I do not have a range of options. Right now I feel very scared, confused, sad and incredibly lonely.鈥

The letters were read aloud today by Constable Madeleine Palmer, who searched the couple鈥檚 laptops and produced 1200 pages of documents before narrowing it down to a more concise report.

Hanna鈥檚 laptop, which was last used at 10.48pm the night before Polkinghorne鈥檚 111 call reporting her death, revealed a series of searches and downloaded articles in October 2020 about cheating spouses. One search, in all caps, read: HOW DO YOU KEEP SANE WHEN YOUR HUSBAND IS HAVING AN AFFAIR. She also visited the Alcoholics Anonymous newcomers homepage that month.

Jurors were also shown an email exchange between Hanna and a private investigator inquiring about an infidelity investigation.

Polkinghorne鈥檚 search history has not yet been disclosed to jurors. But jurors were shown a screenshot first accessed on New Year鈥檚 Eve 2019 with instructions on how to make a meth pipe out of a lightbulb. It was last viewed in February 2021.

There was a confidentiality agreement between Ashton and Polkinghorne, created in November 2018, describing an 鈥渋nformal business association鈥. The following month, there was the $90,688 loan agreement with Ashton.

Madison Ashton and Philip Polkinghorne. Photo / Supplied
Madison Ashton and Philip Polkinghorne. Photo / Supplied

Prosecutors also produced an email from Polkinghorne to Ashton that contained a PDF copy of the shareholders鈥 agreement for Auckland Eye, where the defendant worked. It showed that Hanna had been removed as a shareholder - replaced by Polkinghorne鈥檚 sister - as of 2020.

A life insurance policy, with a $30,000 payout if either of them were to die, was last accessed in January 2021. Constable Palmer pointed out a footer at the end of the policy: 鈥淚f any of the life cover attached to this policy replaces existing life cover which has been in force for greater than 23 months, we will waive the 13-month suicide exclusion for the amount of cover being replaced...鈥

At 6.33pm on the night before Hanna鈥檚 death, Polkinghorne鈥檚 laptop data shows he was looking at a bank statement from several years earlier noting his net worth as $7 million.

Crown prosecutor Brian Dickey has not yet finished introducing laptop evidence, and Palmer has not yet been cross-examined by the defence.

Earlier today, jurors were given a crash course in methamphetamine use and abuse by Dr Emma Schwarcz, a psychiatrist specialising in addiction. She cited multiple studies that found increased instances of aggression and violence for regular users of the drug. But the majority of users report no aggression or violence, she said.

Polkinghorne began his trial by pleading guilty to minor charges involving the possession of 37g of methamphetamine that was found in his house and a meth pipe discovered under his bed. His lawyers have characterised his usage as 鈥渞ecreational鈥 but the Crown has contended it would have been a significant habit based on the amount found - about 370 鈥減oints鈥 or doses worth.

The trial continues tomorrow before Justice Graham Lang and the jury.

is an Auckland-based journalist covering courts and justice. He joined the Herald in 2021 and has reported on courts since 2002 in three newsrooms in the US and New Zealand.

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