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Did Pauline Hanna use phone at 4am before death? Duelling IT experts face off

Author
Craig Kapitan,
Publish Date
Thu, 12 Sep 2024, 10:52am

Did Pauline Hanna use phone at 4am before death? Duelling IT experts face off

Author
Craig Kapitan,
Publish Date
Thu, 12 Sep 2024, 10:52am

WARNING: DISTRESSING CONTENT

Whether Pauline Hanna鈥檚 phone was used to draft two early morning messages on the day of her death will continue to be scrutinised at her husband鈥檚 murder trial today.

Philip Polkinghorne is accused of having strangled his wife inside their Remuera home before staging the scene on April 5, 2021, to look like a suicide. The Crown鈥檚 circumstantial case has relied on evidence about the defendant鈥檚 methamphetamine use, his significant spending on sex workers, an alleged 鈥渄ouble life鈥 with Sydney escort Madison Ashton and witness accounts of a prior strangulation outcry by Hanna.

The defence, meanwhile, has spent the past two weeks focused largely on Hanna鈥檚 mental health, including evidence of her work stress, a 2019 call to her doctor reporting suicidal ideation, an alleged self-harm outcry to her sister in the 1990s and the 鈥渃ocktail鈥 of drugs she was taking for sleeping, weight loss and depression.

The trial, originally scheduled for six weeks, is now in its seventh week - with an eighth week now inevitable, according to Justice Graham Lang, and the strong possibility of a ninth.

STORY CONTINUES AFTER BLOG

STORY CONTINUES

Police forensic digital analyst Jun Lee will return for yet more cross examination from Ron Mansfield KC this morning.

He made an encore trip to the witness box yesterday, picking up largely where he left off when called as a Crown witness, on what has turned out to be a narrow but lasting point of contention between the Crown and the defence: Did Pauline Hanna open her phone鈥檚 messaging app around 4am on the morning she was found dead?

The answer, Lee said with confidence as he spent several more hours giving evidence, was no. The defence, citing their own IT expert who has not finished testifying, adamantly disagreed.

A police examination of Hanna鈥檚 phone indicated it was put into sleep mode at 10.47pm on April 4 and not used again before authorities arrived at the couple鈥檚 home around 8am the following morning responding to Polkinghorne鈥檚 111 call.

But Mansfield has said听Hanna鈥檚 phone had logged two 鈥渋dentity lookup鈥 interactions around 4am听on the morning of her death. It was an indication, the lawyer suggested, that Hanna鈥檚 iPhone had been used at that time to draft two iMessage texts 鈥 one to her husband and another to the teen daughter of a friend. If that was the case, the messages were deleted before they were sent and their contents are unknown, jurors were told.

The defence has implied the supposed messages could have been aborted goodbye notes as Hanna contemplated suicide. If jurors decide the evidence is sufficient to conclude that Hanna was on the phone at 4am, it will also significantly reduce the timeframe for when she died.

Lee鈥檚 direct examination by prosecutors yesterday was largely an echo of his previous trip to the witness box but with more certainty. He told jurors he had double-checked the data on Hanna鈥檚 phone in the time since he last testified and is now more convinced than ever that the defence interpretation was flat wrong.

The phone would have logged separate entries had she picked up the phone and turned it on around that time, Lee said, reiterating that there were no such entries. He said the iMessage 鈥渋dentity lookup鈥 log was something that happened in the background of the phone as a protection against phishing attempts, requiring no user interaction.

During two hours of cross-examination that followed, the defence attempted to set up a mutually exclusive scenario for jurors: either they鈥檒l trust Lee鈥檚 assessment or believe the opposite assessment from defence witness Atakan Shahho, a longtime IT business operator from Australia who started giving evidence on Tuesday before returning overseas. He is expected to continue testifying, this time via audio-video feed, today.

鈥淗e鈥檚 going to tell us ... he doesn鈥檛 accept that it鈥檚, as you say, background activity,鈥 Mansfield told the Crown witness.

Lee pointed out that the same background activity was seen to run on the phone on April 8, three days after Hanna鈥檚 death - another indication, he said, that logs can be created without direct interaction. Mansfield suggested that would have been because the police were using Hanna鈥檚 phone at that time to extract data.

Lee鈥檚 evidence is expected to continue today. The judge decided to pause his testimony with an hour left in the day on Wednesday because another witness was waiting to testify via audio-video feed from Europe, where it was early in the morning.

Yesterday鈥檚 hearing ended with Justice Graham telling jurors that he was going to allow one of them to be dismissed, reducing the group to eight women and three men. The juror had personal commitments that only came into play as it became evident the trial would extend overschedule into next week.

鈥漈he other issues you face in your life are much more important,鈥 the judge said, expressing regret that carrying on without her was the most feasible result after having committed to her civic duty for six-and-a-half weeks.

It is currently expected that closing addresses will be completed and Justice Lang will sum up the case on Tuesday or Wednesday, after which deliberations will begin.

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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