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‘No indication on her there was a violent attack’: Pathologist’s mixed testimony at Polkinghorne trial

Author
Craig Kapitan and George Block,
Publish Date
Tue, 13 Aug 2024, 9:54am

‘No indication on her there was a violent attack’: Pathologist’s mixed testimony at Polkinghorne trial

Author
Craig Kapitan and George Block,
Publish Date
Tue, 13 Aug 2024, 9:54am

WARNING: DISTRESSING CONTENT

When police and a pathologist examined the body of Pauline Hanna inside her Remuera home shortly after husband Philip Polkinghorne called 111 to report a suicide by hanging, they noticed a horizontal braided pattern on one side of her neck that matched the pattern of a belt found rolled up in the couple鈥檚 kitchen.

The mark was a significant topic of discussion this morning at the Auckland eye surgeon鈥檚 murder trial as the first pathologist to examine Hanna鈥檚 body gave a series of answers that seemed to waver depending on who was asking the questions.

鈥淭he ligature on the neck was inconsistent with a hanging,鈥 Dr Kilek Kesha initially told jurors, before acknowledging under cross-examination by the defence that it could be consistent.

Kesha is the first of three pathologists - two for the Crown and one for the defence - expected to testify during the 71-year-old defendant鈥檚 six-week trial, now in its third week in the High Court at Auckland.

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Prosecutors allege Polkinghorne fatally strangled Hanna, 63, before staging a suicide scene in the entryway to their home on the morning of April 5, 2021. The defence has noted she had battled depression for decades and has insisted there are logical explanations for each of the things that caused police to treat it as a suspicious death almost immediately.

While being questioned by Crown prosecutor Brian Dickey today, Kesha noted two strange things about the braided pattern found on the side of Hanna鈥檚 neck at the scene: Its angle and the disappearance of the impression by the time of Hanna鈥檚 autopsy the next day, roughly 20 hours later.

The disappearing 鈥渃riss-cross pattern鈥, Kesha told jurors, might suggest 鈥渢hat there was an object on the neck after death鈥.

Philip Polkinghorne is on trial in the High Court of Auckland, accused of murdering wife Pauline Hanna before staging it to look like a suicide. Photo / Jason Oxenham
Philip Polkinghorne is on trial in the High Court of Auckland, accused of murdering wife Pauline Hanna before staging it to look like a suicide. Photo / Jason Oxenham

鈥淚t鈥檚 clear there鈥檚 something on her neck,鈥 he later explained. 鈥淢ost likely it鈥檚 been removed shortly after death.鈥

As for the angle of the pattern, Kesha said he would have expected it to be in a diagonal direction across her neck had she died via hanging. A straight line impression, as viewed at the scene, would be more indicative of someone pulling a ligature from behind, he opined.

But in the end, the pathologist told prosecutors, there was a lack of other evidence like defensive injuries to suggest a strangulation in the course of an assault. He found simply that she died due to 鈥渘eck compression鈥 but left out the mechanism by which it might have happened - hanging, manual strangulation, ligature strangulation or auto-erotic asphyxiation - 鈥渂ecause there鈥檚 elements of several different mechanisms鈥.

But if jurors might have been initially left with the impression that a suicide by hanging was the least favoured of the pathologist鈥檚 theories due to the belt mark, Kesha left a quite different impression during his cross-examination.

鈥淚s it right to say your findings were entirely consistent with suicide by hanging, namely an incomplete or partial hanging?鈥 defence lawyer Ron Mansfield KC asked at the outset of his questioning.

鈥淣o,鈥 Kesha said, before clarifying: 鈥淚t can be.鈥

The defence lawyer suggested that the belt mark might be there initially but disappear if it was used in a hanging but then removed between an hour or so after death. The pathologist agreed.

鈥淭hese possibilities are equal, aren鈥檛 they?鈥 Mansfield said of the theories that the belt was either applied after death or there during death and removed within two hours. The pathologist again agreed.

So the jury shouldn鈥檛 put 鈥渦ndue weight鈥 on the disappearance of the mark between April 5 and the autopsy the next day, Mansfield suggested and Kesha agreed.

But Kesha wouldn鈥檛 go as far as agreeing with the defence that he didn鈥檛 find the disappearance of the mark or its alignment on the neck 鈥渁t all significant鈥. He might not have mentioned the disappearance in reports but had mentioned it to police who were present during the post-mortem, he said.

鈥淚 think it鈥檚 relevant,鈥 Kesha said, as he was asked the question several times.

Kesha was also asked by the Crown and the defence about the lack of major injuries on Hanna, which he confirmed 鈥渟ignificant鈥 - unusual but not unheard of for someone strangled in an assault. Dickey, for the Crown, pointed out that a person can be made unconscious after less than 10 seconds of consistent pressure. But Kesha noted it hardly ever happens that way in real life.

鈥淢ost of the time when someone is strangled, the pressure is not consistent,鈥 he explained. 鈥淭hey鈥檙e putting up a fight. This fighting could go on for quite some time.鈥

Mansfield later suggested that to cause a person to lose consciousness without injury would take a professional - like a police officer or SAS member - experienced in chokeholds. The defence lawyer also noted that Hanna did not suffer a strap muscle haemorrhage, which is common in chokehold or manual strangulations but not often seen in suicides by hanging. The pathologist agreed the finding was 鈥渟ignificant鈥.

Kesha is expected to continue testifying this afternoon as the trial continues before Justice Graham Lang and the jury.

Jurors are also expected to hear testimony from Christchurch pathologist Dr Martin Sage, who gave the Crown a second opinion. Later in the trial, the defence has indicated, it will call to testify an 鈥渋nternationally recognised鈥 pathologist from Australia who has prepared a 100-page report of his own after examining Kesha鈥檚 findings.

Kesha said today he reviewed the defence expert鈥檚 report and didn鈥檛 disagree with the vast majority of it. He just can鈥檛 rule out other forms of neck compression, he said.

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

The听Herald听will be covering the case in a daily podcast,听. You can follow the podcast at听,听,听, through听听feed, or wherever you get your podcasts.

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