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Sex, drugs and despair: Inside the Polkinghorne murder trial, which gripped the nation

Author
Craig Kapitan & George Block,
Publish Date
Mon, 23 Sep 2024, 3:37pm

Sex, drugs and despair: Inside the Polkinghorne murder trial, which gripped the nation

Author
Craig Kapitan & George Block,
Publish Date
Mon, 23 Sep 2024, 3:37pm

WARNING: DISTRESSING CONTENT

Pauline Hanna had been catching up with two of her oldest friends at a Hawke鈥檚 Bay restaurant in January 2020 when the light-hearted nature of the dinner and drinks took an abruptly dark turn. The then-61-year-old - who had about 14 months left to live - was silent as she outstretched her thumbs and put both hands around her neck.

鈥淗e tried to strangle me,鈥 John Riordan recalled Hanna explaining as she broke the silence, moments after saying that she 鈥渉ad to be very, very careful鈥 around husband Philip Polkinghorne because she wasn鈥檛 ever sure when he 鈥渨ould blow up鈥.

Both Riordan and his wife, Pheasant, shared similar accounts of the chilling moment as they took turns giving evidence last month at the Auckland eye surgeon鈥檚 murder trial, one of the nation鈥檚 most salacious and closely followed criminal cases in recent memory.

But it wasn鈥檛 the only hair-raising outcry jurors would learn about as they spent eight weeks sifting through whiplash evidence - facts, recollections and innuendo that jerked back and forth into one of two camps, a ceaseless tug-of-war of two starkly different narratives.

The other outcry came sometime in the early 1990s, again in Hawke鈥檚 Bay, amid some family strife following the death of Hanna鈥檚 father. Hanna and her mother had raised their voices at each other and Hanna鈥檚 younger sister, Tracey, had entered the fray - trying to intervene.

Another gesture carrying a grim but unsaid meaning: this time Hanna raising her wrists in the air.

鈥淎ll of the sudden she said that she鈥檇 tried to kill herself and [that] I didn鈥檛 know her and I didn鈥檛 know what was going on in her life,鈥 the younger sister told jurors. 鈥淭he world stopped. I couldn鈥檛 remember what was said after that.鈥

Tracey Hanna said she鈥檚 now ashamed she never had a follow-up conversation with her sister about her mental health, chalking it up to her youth and immaturity at the time and it being a less enlightened era when such discussions were misguidedly considered taboo. She buried the memory for decades, she said, until the shock news that Hanna had committed suicide. She realised that Hanna鈥檚 death closely followed their mother鈥檚, just as the previous outcry had been sometime in the wake of their father鈥檚 death.

Murder or suicide?

For Tracey Hanna, the defence narrative made perfect sense. She travelled all the way from her home in the United Kingdom to give evidence at the request of her widowed brother-in-law. For the Riordans - who spent long weeks in the crowded High Court at Auckland gallery steadfastly seated beside Hanna鈥檚 other sibling, Bruce - the Crown鈥檚 contention that Polkinghorne fatally strangled his wife before staging the scene to look like a self-inflicted hanging was the only explanation that rang true.

Two outcries by Hanna which, viewed in hindsight, both appeared to be foreboding premonitions of the violent end to her life on the morning of Easter Monday, April 5, 2021.

But only one premonition could be correct.

After 10 hours of deliberations spanning two days, jurors rejected the Crown鈥檚 case that it was murder - or even manslaughter - this afternoon.

Philip Polkinghorne talking to media outside court after the jury found him not guilty. Photo / Craig Kapitan
Philip Polkinghorne talking to media outside court after the jury found him not guilty. Photo / Craig Kapitan

Double lives

Despite being so disparate, the duelling narratives - suicide or murder - often crossed over and offered warped reflections of each other.

In the murder scenario, the focus was on Polkinghorne鈥檚 hidden life - a carousel of sex workers, meth pipes and hundreds of thousands of dollars worth of cash withdrawals as his id ran wild. Those advocating the suicide explanation emphasised Hanna鈥檚 hidden self-doubt and depression.

An audit that sifted through five years of the couple鈥檚 finances found that they had one joint account and several in Polkinghorne鈥檚 name only. From the ones operated by Polkinghorne alone, nearly $300,000 had been transferred to six women, three of whom were identified by witnesses as sex workers. Of that, $106,000 went to Sydney-based escort Madison Ashton, who by that time was a tabloid star due to failed bids in 2012 and 2015 for a piece of billionaire cardboard magnate Richard Pratt鈥檚 estate.

Another $440,000 in cash withdrawals were noted, almost $200,000 of which had been removed from cash machines in Australia. Travel records showed that neither Polkinghorne nor his wife were in Australia when many of the withdrawals were made - the clear insinuation by the Crown being that Ashton had access.

Emails show that Hanna initially knew about the paid liaisons with Ashton, participating in group sex with her husband, the escort and a male sex worker early on. But the Crown alleged that she had been in the dark about the serious intimate relationship that he developed between Ashton and her husband, who vanished for several days in 2019 to secretly spend Christmas in Sydney.

In an undated WhatsApp message which Polkinghorne took a screenshot of in October 2018, Ashton said she had thought over his 鈥渋dea about the future鈥 but wasn鈥檛 yet ready for such an 鈥渋mportant life decision鈥.

鈥淵ou have been silent and iv [SIC] certainly not wanted to ask about Mrs P,鈥 she wrote. 鈥...I love you and I鈥檒l be true always, that鈥檚 all I got right now x.鈥

Polkinghorne responded: 鈥淒arling that is sufficient for me more than sufficient. Let us love each other and leave the future to the future. I will try not to burden you with any of my ideas. Yours Philip.鈥

A year after the Christmas 2019 tryst, Polkinghorne got into an argument with Ashton as they discussed plans to spend Christmas 2020 together. Screenshots of the WhatsApp exchange were shown to jurors.

鈥淵ou just love drama and I鈥檓 not f**king into it, serious Philip I鈥檓 not into it,鈥 Ashton said. That message came after Polkinghorne suggested it might not be worth spending two weeks in a Covid-19 isolation hotel upon his return to New Zealand if Ashton had a booking with someone else while he was in Australia.

鈥...Thank you so much for f**king ruining Christmas and ruining the whole f**king thing f**k off. I don鈥檛 want to hear from you until I鈥檓 back in Sydney. I mean it I don鈥檛 wanna hear from you I鈥檓 really upset. And I鈥檓 so disappointed in you.鈥

Polkinghorne then said he鈥檇 ring her in 90 minutes, once he was finished with his surgery. He had something important to say, he told her. She blocked the surgeon, then unblocked him and agreed to talk the next day after he said 鈥済od you have never done that before鈥.

Dr Philip Polkinghorne and Sydney escort Madison Ashton, also known, as Christine McQueen. Photo / Supplied
Dr Philip Polkinghorne and Sydney escort Madison Ashton, also known, as Christine McQueen. Photo / Supplied

Ashton went on to say Polkinghorne had been mistaken about her planning to see a client while he was scheduled to be there.

鈥...That I would work over our Christmas, it鈥檚 such a disgusting suggestion from you, i鈥檓 shocked that this would actually come from you,鈥 she said. 鈥淎nd your wording, and the vibe, as if I am a Neanderthal.

鈥...You have a gutter mentality sometimes when it comes to me and my occupation, in how you communicate and some of your concepts that are in your mind. I accept this is something that is not ideal about you, but you are not perfect but you are very lovable. Kind and patient, sexy and many other attributes...鈥

鈥楪oing to last 100 years鈥

Police seized Polkinghorne鈥檚 mobile phone days after his home was taped off and turned into a crime scene, finding that all WhatsApp messages prior to the morning of his wife鈥檚 death had been irretrievably deleted - aside from the ones for which he had saved screenshots. When they went to seize Ashton鈥檚 phone, just over three weeks after Hanna鈥檚 death, they found her with Polkinghorne in a posh Mt Cook Village chalet.

Polkinghorne began receiving messages from Ashton again at 4.28pm on April 5, the day of his wife鈥檚 death, following a three-hour interview with police. Many of the messages were trivial in nature - marketing blasts that she appeared to send out to all followers. But on April 7 she sent a link to an article about his wife鈥檚 death.

On April 10, Ashton sent a link to another article in which Polkinghorne spoke with Herald reporter Carolyne Meng-Yee, telling her he was being treated as a 鈥減erson of suspect鈥 by police. He added: 鈥淥ur relationship wasn鈥檛 fine, it wasn鈥檛 fine at all, it was perfect.鈥 The entire article was printed for jurors, and the Crown quoted from it during their opening address. 鈥淒id you give an interview???? Did you use those words !!!!!鈥 Ashton wrote to Polkinghorne, adding: 鈥淧erson of suspect?!鈥 Polkinghorne replied: 鈥淲hat do you think? Not a chance.鈥

Three days before his wife鈥檚 funeral, Ashton told him: 鈥淗onestly I really love you. ...Do not wear a f**king bow tie at the funeral. Keep the hat.鈥

On April 23, she told him, 鈥淚f you passed away I wouldn鈥檛 leave the house ever again,鈥 to which he replied: 鈥淒arling you and I aren鈥檛 going anywhere. We are going to last 100 years.鈥

As they planned their meeting at the Mt Cook chalet - 25 days after his wife鈥檚 death - preparing to meet for the first time in over a year due to Covid lockdown restrictions, Ashton worried, 鈥淥kay sounds like you鈥檙e breaking up w th [sic] me what the f***.鈥

Polkinghorne replied: 鈥淔*** no! Christ never, I am not trying to push you in any direction. I haven鈥檛 come this far to walk away.鈥

Ashton had been slated to testify for the Crown and was poised to be the star witness. But as the weeks passed and with only a few witnesses left on their list, prosecutors admitted to Justice Graham Lang while out of earshot of the jury that Ashton was no longer cooperating and could not be found to serve her a summons. All they knew, lawyer Brian Dickey said, was that she wasn鈥檛 in New Zealand or Australia.

Jurors sent the judge a note asking where she was after the Crown called their last witness. There was a brief debate about what to tell them before it was agreed with lawyers from both sides to keep it vague.

鈥淚 cannot say anything about it,鈥 he said after the group filed back into the courtroom. 鈥淔urther, you cannot speculate as to why that is the case.鈥

鈥楬urt, hurt, hurt鈥

In April 2020, one year before her death, Hanna drafted and sent herself a vulnerable email she intended for no one else to see. No one else did notice it - not even police - until a defence-hired IT expert was given access to conduct his own searches of her laptop in July this year.

鈥淚 am never good enough despite my efforts - today is the 25th day in a row - but I am not adding any value,鈥 she wrote, noting that she was tired and not herself after working 鈥15/6 hours x4 over Easter鈥. 鈥淚 want desperately to tell someone and cry and ask for help but everyone seems to think I鈥檓 amazing and does not want to know that I have foibles and failings.

鈥淚 have tried to bring up with Philip but he tells me he hasn鈥檛 got time to go over the negative tonight = he has enough. I must stand on my own two feet but I don鈥檛 know today if I have two feet or what they look like.

鈥淪o I have had 3 glasses of wine and a beautiful dinner thanks to PJP [Polkinghorne鈥檚 initials] - but I don鈥檛 know what to do with myself.. So I will go to bed and not sleep. V. unusual for me - and it builds up - who knows what might follow. Have to tell someone even if no- one but God ever sees this.鈥

Polkinghorne鈥檚 shoulders heaved and he hid his face behind his hands, weeping as his lawyer read the email aloud.

Pauline Hanna and Philip Polkinghorne at an event in December 2018. Photo / Norrie Montgomery
Pauline Hanna and Philip Polkinghorne at an event in December 2018. Photo / Norrie Montgomery

Every single witness who knew Hanna described her as meticulously put together. Colleagues described the high-ranking health administrator, who had recently taken a lead role in distributing the Covid-19 vaccine, as a 鈥渢roubleshooter鈥 who had a reputation for enjoying challenges and getting the toughest jobs done. She said that work was her 鈥渉appy place鈥, one colleague said.

But Hanna鈥檚 hidden side, sometimes revealed to family but more often expressed in notes to herself, was one of self-doubt and anxiety.

Another document found on her computer appeared to be rough notes for a March 2019 letter that was intended for her husband. She drafted it after an argument in which Polkinghorne had said their two and a half decades together had been a waste.

鈥淭hroughout my life because I was painfully shy I was continually hurt, cried my self to sleep often,鈥 she wrote, going on to describe her father鈥檚 death with one word: 鈥淒evastation.鈥

She went on to describe meeting Philip at a Blind Foundation dinner while in a loveless relationship and realising he was her soul mate.

鈥淗URT HURT HURT -- in fact, wrecked,鈥 she went on to say. 鈥淎ll these years (27) did I get it wrong that he was the only person who truly loved me as his number 1. I was number 1 in someone鈥檚 life 鈥 as he was in mine 鈥 have we got that wrong. ?? God what a prospect 鈥 I cannot live if that is the result that I got it wrong.鈥

One week before her death, she admitted to Polkinghorne鈥檚 adult son and daughter-in-law that stress had been building.

鈥淚 am so sorry I have been so remote and not even phoned - it is not because I don鈥檛 miss and love you,鈥 she wrote to the couple, who lived in the UK. 鈥淢y life is insane and I do not know what day it is sometimes. I (reluctantly) took this role as Head of Logistics for Vaccine.

鈥淚 did not want to.

鈥淏ut Philip was so proud of me when Outbreak happened, I thought he would be proud of this - which I guess he is - but it is incredibly difficult and lonely.鈥

Meth pipes and sleeping pills

In 2019, Polkinghorne drafted a 鈥済oal setting to 2040鈥 document for a local physician turned motivational speaker. Near the top of the list - after limiting alcohol, ice cream and red meat - was a goal to 鈥渁void cocaine, marijuana, heroin, LSD, methamphetamine鈥.

The surgeon鈥檚 lawyers repeatedly contended that he has a dry sense of humour in which a sarcastic intent might not always be picked up. But jurors could be sure that at least one thing on the list - methamphetamine - was a realistic guilty pleasure.

Prosecutors took it a step beyond that, suggesting that he harboured a methamphetamine problem severe enough that it altered his behaviour in the final years of Hanna鈥檚 life - sufficient to cause increased aggression, even violence.

It became a major theme of the Crown case, along with his philandering and his spending.

Before the trial even started, Polkinghorne pleaded guilty to possession of the 37g of methamphetamine found throughout the house when police arrived and a meth pipe found underneath his side of the bed. His lawyers dismissed it as irrelevant 鈥渞ecreational鈥 use but police noted the stash added up to 370 鈥減oints鈥, or 0.1g single-use doses, with a street value of roughly $13,000. His lawyers countered that when you鈥檙e wealthy and you have a taste for a drug, you buy in bulk to avoid the risks of repeat purchases.

Jurors in the High Court at Auckland were shown a photo of a meth pipe that was found in Dr Philip Polkinghorne's bedroom during the lengthy search of his home. He pleaded guilty at the outset of the trial to possession of the pipe but not guilty to murder.
Jurors in the High Court at Auckland were shown a photo of a meth pipe that was found in Dr Philip Polkinghorne's bedroom during the lengthy search of his home. He pleaded guilty at the outset of the trial to possession of the pipe but not guilty to murder.

When Hanna died, there was no methamphetamine found in her blood or in a hair sample that dated back roughly six months. Her internet searches suggested she was not familiar with the drug. 鈥渨hat does P look like,鈥 she asked Google on Christmas Eve 2020, following it up with a search for: 鈥渨hat sensation does P give you??鈥

But Hanna had her own struggles with substances.

Medical records showed that over the past two decades she had filled 67 prescriptions for anti-depressant Prozac, which she described as her 鈥渉appy pills鈥, and 55 prescriptions for an amphetamine-based weight loss drug intended only for short-term use in part due to its addictive qualities. Hair testing had also shown she had been using for at least six months sleeping pill Zopiclone - a prescription-only medication that was in her husband鈥檚 name.

The danger, several experts said, came in mixing the pills with alcohol - especially Zopiclone.

Hanna had at one point been a heavy enough drinker that in 2013 and 2014 she was prescribed a drug intended to reduce - and then another to altogether restrict - alcohol intake. One note on her medical file from about a decade before her death stated she reported drinking at least a bottle of wine on most evenings for the past 10 years or so with frequent blackouts.

Mixing Zopiclone with alcohol was likely to amplify the effects of both. It was also known to worsen depression and increase disinhibition - a potentially lethal combination, experts said, for someone vulnerable to self-harm.

Suicide, meth and academia

Perhaps not surprisingly, the defence organised its witnesses so that the two final people to give evidence - those bound to be freshest on jurors鈥 minds as they went into deliberations - were two prominent experts on suicide.

Dr David Menkes, a Yale University-trained expert in psychological medicine, suggested that Hanna might have been caught in 鈥渁 vicious circle鈥 in the weeks before her death in which her disrupted sleep pattern - confirmed by a series of middle-of-the-night work emails - was increasing the risk for suicidal thoughts.

鈥淭hey keep people awake and they can produce a degree of mood instability,鈥 he said of the weight loss drug.

He agreed with Sydney-based psychiatrist Dr Olav Neilssen, who had testified earlier, that Hanna鈥檚 unprescribed sleeping pill use combined with alcohol was 鈥渉ighly significant鈥 and presented 鈥渁 considerable risk of harm鈥.

The funeral for Pauline Hanna was held at St Mary's in Holy Trinity on15 April 2021. Photo / 九一星空无限
The funeral for Pauline Hanna was held at St Mary's in Holy Trinity on15 April 2021. Photo / 九一星空无限

Neilssen said there seemed to be numerous risk factors for suicide in Hanna鈥檚 life even if she presented to others as as vivacious and outgoing.

Dr Sarah Hetrick, a psychologist who serves as the principal clinical adviser to the Ministry of Health鈥檚 Suicide Prevention Office, sought to dispel 鈥渕yths鈥 about suicide including that high achievers who take pride in their appearance are less likely to take their own lives.

鈥淭he evidence shows that suicide unfortunately touches every group, type of person,鈥 she said. 鈥淪uicide touches all socio-economic groups, it touches all professions.鈥

Earlier in the trial, the Crown had called a psychiatrist expert of their own: Dr Emma Schwarcz, who had a lot to say about the effects of methamphetamine addiction. While violence is not an 鈥渋nevitable outcome鈥 of meth use, a wide range of studies have shown a positive association between usage of the drug and aggression, she said.

One 2014 study she cited found a three-fold increased risk of violence for users of the drug and a 10-fold risk for heavy users. A New Zealand study looking at 1265 people born in New Zealand found that those who used the drug were 2.4 times more likely than their peers in the study to perpetrate violence even when accounting for background and upbringing. The risk of intimate partner violence was nearly doubled, she said. But in the same New Zealand study, 78% of users 鈥渞eported no aggression or violence whatsoever鈥, she added. The drug 鈥渃an profoundly impact behaviour鈥 and can cause 鈥渄eparting from one鈥檚 moral norms and values鈥, she summarised.

Citing the expert during her closing address, Auckland Crown solicitor Alysha McClintock added: 鈥淏eing an older, wealthy, privileged man does not make him immune from the effects of methamphetamine.鈥

Neilssen, the psychiatrist from Sydney who had been called by the defence to discuss suicide risk factors, was briefly seconded during cross-examination by the Crown to instead share his thoughts on homicide risk factors. He agreed that prior violence such as a non-fatal strangulation would be a risk factor, as might be disinhibition due to drug use.

鈥楶lanted鈥 blood?

The psychiatrists were far from the only professional witnesses to share their expertise.

There were about 25 police officers, paramedics and forensic scientists who entered the witness box - starting with first responders before moving on to detectives who took more prominent roles as it was determined that something about the tragic scene seemed off.

They described a dishevelled guest room where Polkinghorne said his wife had slept alone, with a top sheet missing and pillows tossed to the ground. A toilet attached to the guest bedroom bathroom, where Polkinghorne said he had not been that night, contained urine that later tested positive for methamphetamine.

A photo of the guest bedroom from inside eye surgeon Philip Polkinghorne's Remuera home was entered into evidence during the trial.
A photo of the guest bedroom from inside eye surgeon Philip Polkinghorne's Remuera home was entered into evidence during the trial.

A damp top sheet was found in the couple鈥檚 dryer and then there were the two orange nylon ropes - one in a tangled bunch on the stairway next to Hanna鈥檚 body and another still tied in a series of granny knots to the upstairs balustrade. It was that knot, detectives said, that first raised their suspicion. A 鈥渢ension test鈥 showed it to slide up and down easily, suggesting the knot wouldn鈥檛 withstand the weight of a person without sliding.

All first responders recalled seeing a mildly bloody shallow abrasion on Polkinghorne鈥檚 forehead that he had no explanation for. The Crown suggested it might have been the result of a faint struggle by Hanna, who would have been drowsy - perhaps mildly incapacitated - due to her sleeping pills and alcohol.

But the defence suggested the suspicions prompted by the ropes and the head wound were instead signs of shoddy police work. A 111 operator had instructed Polkinghorne to 鈥渃ut鈥 the rope, so it makes sense he would have loosened it before police arrived, lawyer Ron Mansfield KC argued. In his interview with police, Polkinghorne said he had untied the rope completely and threw it down the stairs, suggesting the loose knots found by police were not those used in the hanging.

As for the bloody forehead, Mansfield shared a different theory in which Polkinghorne, who he repeatedly inferred was clumsy, hit his head on the side of the stairs but didn鈥檛 realise it in the panic and shock of finding his wife dead. He bolstered the theory with evidence from Timothy Scanlan, a crime scene analysis expert who was flown over from the United States to do a second sweep of Polkinghorne鈥檚 home two years after Hanna鈥檚 death.

Scanlan took a sample of a red smudge found on the side of the stairway and sent it off for DNA testing, confirming that it was Polkinghorne鈥檚 blood.

But the Crown lambasted the entire exercise, equating it to evidence tampering.

鈥淚 appreciate this allegation that he planted this blood will sound shocking,鈥 McClintock said. 鈥淏ut that鈥檚 what the evidence tells us.鈥

A stain found on the stairs next to Pauline Hanna's body in April 2021 was photographed (left) but not tested for DNA because forensic scientist Fiona Matheson said the area tested negative for blood. Overseas forensic expert Timothy Scanlan returned to the Remuera home two years later and found a stain in the same location (right), he testified at the Philip Polkinghorne murder trial. The stain tested positive for Polkinghorne's DNA.
A stain found on the stairs next to Pauline Hanna's body in April 2021 was photographed (left) but not tested for DNA because forensic scientist Fiona Matheson said the area tested negative for blood. Overseas forensic expert Timothy Scanlan returned to the Remuera home two years later and found a stain in the same location (right), he testified at the Philip Polkinghorne murder trial. The stain tested positive for Polkinghorne's DNA.

A forensic scientist had earlier told jurors she tested the area immediately after Hanna鈥檚 death and saw no indications of blood. More importantly, prosecutors said, the stains looked noticeably different. The defence gave jurors side-by-side photos to decide for themselves.

Four coroners

Typically during murder trials, the pathologist鈥檚 trip to the witness box is one that a defendant is likely to dread. As the medical professional goes in meticulous detail over the injuries of the deceased, it can be an emotional time for everyone in the courtroom - jurors included. While the jury is instructed not to let sympathy play a role in their decision, to what extent that directive is followed no one can know aside from the jurors themselves.

At the Polkinghorne trial, however, the opposite was true. The defence welcomed the pathologist, and even invited more.

In all, four pathologists gave evidence - two from New Zealand, one from Australia and the final one from Canada. Not one of them said there was decisive evidence that Hanna had been strangled.

The two Crown experts both left open the possibility that a fatal strangling or chokehold - although very rare - could have taken place without leaving serious internal or external injuries. The two pathologists called by the defence both said they would have deemed it a non-homicidal hanging - i.e. suicide - had the case been initially assigned to them.

The Crown underplayed the pathology findings, getting each witness to agree that the narrow scope of their reports were ultimately opinion and it was up to the jurors to determine the facts based on numerous sources of evidence. The defence, unsurprisingly, argued the evidence was among the most critical pieces of information jurors had to consider.

鈥淭he Crown knows full well the forensic evidence in this case ... provides the complete answer and always has,鈥 Mansfield said during his closing address. 鈥淭he answer has always been in the pathology.鈥

This case is different, the Crown said, because Polkinghorne had a medical degree and had 鈥渁 greater anatomical knowledge than most鈥. McClintock urged the jury not to be swayed by statistics when the pathologists agreed each individual case is different.

But those statistics are convincing, the defence countered. The four pathologists combined could only recall two times when fatal strangulation left no injuries. A medical degree wouldn鈥檛 defy those odds, Mansfield said, arguing that it was a 鈥減hantom鈥 to suggest that his client鈥檚 medical degree meant he was a 鈥渉ighly efficient and well-trained killer鈥 who could 鈥渓eave someone dead without any tell-tale signs鈥.

The Crown also urged jurors to take a look at the four minor injuries found on Hanna鈥檚 body, even though pathologists agreed they were 鈥渘onspecific鈥 - meaning there was no indication they were the result of an assault or defensive in nature. They included a grip-like bruise on her arm, a small abrasion to her nose and a bruise to her temple. While perhaps not 鈥渕eaningful鈥 in the vacuum of a post-mortem exam, they鈥檙e telling when viewed in the light of all the other evidence, McClintock said.

鈥淪o far she鈥檚 been gripped, she鈥檚 banged her nose and now she鈥檚 banged her head,鈥 McClintock said. 鈥淲hat are the chances that she鈥檚 both become suicidal and had this bumpy old time?鈥

But to charge a man with murder over such flimsy findings is almost a dereliction of duty, Mansfield told jurors when it was his turn.

鈥淚t sounds absurd because it is,鈥 he said, describing the Crown case as 鈥渙ne of the most gravest nonsenses our courts have heard for a long time鈥.

A voice beyond the grave

But it was the voices of Hanna and Polkinghorne themselves that would have left the most lasting impressions.

In only a minuscule number of trials do jurors get to experience the lives of the accused and the victim so viscerally.

There was the trip to the couple鈥檚 home, where they got to stand in the guest bedroom and the foyer - one of them, depending on which side was to be believed, being the spot where Hanna took her last breaths. There was also a series of letters between the two as their marriage seemed to teeter.

Most unusual, however, was the haunting moment when jurors listened to Hanna鈥檚 voice - a 24-minute recording from 2019 in which she revealed to her brother and her niece that Polkinghorne was 鈥渂loody arrogant鈥, unfaithful, an 鈥渁ngry man鈥 and a 鈥渟ex fiend鈥 who didn鈥檛 react well to stress.

鈥淚 love my husband but he is somebody who is very angry with the world when the world doesn鈥檛 go his way,鈥 she said. 鈥... He is out of control because he doesn鈥檛 understand how to control himself, but he loves me more than anything in the world. I鈥檓 his brick. He is mine.鈥

Her voice somewhat slurred, Hanna described at length their marital strife and at one point added: 鈥淭o be honest, I鈥檝e considered just chucking myself over the bridge.鈥

She revealed to her family that she used to join Polkinghorne in threesomes with prostitutes and has 鈥渂een with so many old men鈥, but she only joined him 鈥渂ecause I wanted to make sure he didn鈥檛 go off the rails鈥. She had stopped about three years ago, she said.

鈥淚 had to drink two bottles of wine before I would go with another man,鈥 she said. 鈥淚t鈥檚 just revolting and I hate it.鈥

But her husband had 鈥渁 sexual appetite that鈥檚 extraordinary鈥 and needed to have sex every day, which meant meeting up with prostitutes, she said. She accepted it but said a girlfriend in Auckland would be a different story. There was no indication from the recording she was aware her husband鈥檚 relationship with Ashton had developed beyond that of a client.

鈥淧lease don鈥檛 think that Philip鈥檚 a beast, he鈥檚 not. He鈥檚 a very complex character,鈥 she added as her family encouraged her to leave him. 鈥淚 am emotionally bullied at the moment ... but it鈥檚 temporary.鈥

Hanna鈥檚 niece, who was accidentally recording the conversation, said she was concerned for her.

鈥淚鈥檓 safe, darling. Please think I鈥檓 safe,鈥 Hanna responded. 鈥... I鈥檓 not physically battered but emotionally battered.鈥

A year later, in August 2020, the same niece recounted how Hanna made another revelation - this time through tears - as they dined together in Tauranga. She asked for help finding a divorce lawyer but said she was concerned she might have trouble paying because she suspected her husband had already swindled her out of her share of their money, Rose Hanna recalled.

Pauline Hanna went on to say she鈥檇 been in touch with a private investigator 鈥渢o find out once and for all if there was infidelity鈥 but decided the cost for the service was too high. There was no recording of that conversation, but jurors were shown a text from the niece the following Monday with information for a divorce lawyer and his initial consultation charge.

鈥楴ot going to change鈥

Also somewhat rare was the jury鈥檚 ability to put themselves in some of the darkest moments of the couple鈥檚 marriage as they spelt it out in a series of blunt letters to each other.

Their propensity for putting their thoughts to paper - or at least email - as their marriage teetered was unfortunate for a man accused of having killed his wife, defence lawyer Ron Mansfield KC appeared to obliquely concede. While questioning one of the detectives tasked with extracting all relevant material from the couple鈥檚 laptops, he asked her about her own experience as a beat cop.

She agreed that most domestic disputes she had been called out to in the past did not involve the drafting of lengthy essays and retorts.

鈥淚 have come to the recognition, belatedly that you are not going to change,鈥 Polkinghorne wrote his wife on December 23, 2019. 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

Polkinghorne said he had been feeling increasingly devoid in their relationship. 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.

鈥淔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...Yes, your contempt of money does annoy me, even stating your flights are free beggar鈥檚 belief knowing it is the use of my 鈥榓irmiles鈥 that is paying for those flights, dare I say denying me a discounted flight.鈥

The letter ended with him stating he was leaving immediately for a three-day 鈥淢oving on or Up鈥 retreat. 鈥淚 don鈥檛 know what the outcome of this retreat will be but to be frank without some sort of insight I am sure I will not be able to continue,鈥 he wrote. 鈥淚f there is a pill to make it easier, don鈥檛 worry I would take the bottle !!!鈥

He warned he would not be contactable until he returned to their Coromandel bach in four days, after Christmas. The organisers of the retreat were allowing him to take patient texts 鈥渂ut other stuff is out of bounds鈥, he explained.

Jurors would later learn that instead of a retreat he was in Sydney, spending Christmas with Ashton.

Police found multiple versions of the letter Hanna drafted in reply.

鈥淩ight now I feel very incredibly scared, confused, sad and lonely therefore I apologise if this is not as coherent as you may wish,鈥 she wrote.

In an earlier draft, she wrote: 鈥淚 still have bucket loads of love - I think you do too. ... I 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

The final draft said simply that she loved him 鈥渨ithout reserve, foibles and all鈥 before concluding with an apology: 鈥淚 am sorry you have felt so low - you are everything to me and it hurts me that you are suffering.鈥

It鈥檚 unclear if Polkinghorne knew that while he was secretly overseas, Hanna had called her GP and then a crisis team to report suicidal ideation - the result, she told her doctor, of her mother鈥檚 long-term illness and her husband leaving her. She had thought about driving into an oncoming truck on her way to her bach, she said, but then thought about her family and decided not to.

Three months later, Hanna wrote her husband a typo-ridden message while he was again overseas: 鈥淚 have had the most horrible last two weeks. But the only response from me was to respond to you. We have a discussion to [trails off]. Do you want me I. Your life. ? I have gone through major upheaval and change with no regogniton [SIC] from you. So do you want us to go forward it leave me. ? Up to you. You are calling the shots. I don t want us to oart [SIC]. Pxxxx.鈥

The next morning she followed up: 鈥淗i darling sorry about my rant. I had too much to drink and was sad and lonely. I miss you and need ya. P [four love heart emojis].鈥

Polkinghorne speaks

As they had for Hanna, jurors got to hear Polkinghorne鈥檚 voice - but it was again a recording. There was no use in him giving evidence, Mansfield said fleetingly in his opening statement before quickly changing the subject, because they鈥檇 already listened to his reaction just hours after his wife died, when his memory was most fresh.

But was it the real Dr Polkinghorne?

In the four-hour interview, edited down to three hours for jurors, his thoughts were scattered and his words were fast-paced. Without having any other settings to compare it to, there was no way for jurors to know if that was his natural peculiar personality, or if the strange and erratic demeanour was spurred by meth, or if it was perhaps all due to shock.

Although delivered in a friendly, conversational tone, he ticked off an extensive list of mundane marriage grievances against his wife: breaking his concentration during television shows by asking questions, over-use of pillows on their beds and couches, drinking too much and getting argumentative to the point he often opted to tune her out, leaving the windows open in winter but using an electric blanket that he disliked, bragging too much about her academic achievements decades back, paranoia about mosquito bites and ignoring his advice not to use her work phone for personal use.

The detective interviewing him kept steering the conversation back to the discovery of Pauline Hanna鈥檚 body, and eventually to another topic: How he received the horizontal scrape on his forehead.

鈥淲ell, I don鈥檛 know,鈥 he said. 鈥淚鈥檝e got no idea. I can鈥檛 even feel it.鈥

He then asked the detective how it looked.

鈥淚t鈥檚 horrible,鈥 Polkinghorne said.

A selfie Dr Philip Polkinghorne sent to escort Madison Ashton on April 11, 2021 - six days after the death of wife Pauline Hanna - shows a small horizontal abrasion on his forehead.
A selfie Dr Philip Polkinghorne sent to escort Madison Ashton on April 11, 2021 - six days after the death of wife Pauline Hanna - shows a small horizontal abrasion on his forehead.

As time went on, his cadence somewhat slowed and he became more speculative.

鈥淢aybe I put so many expectations on her - I don鈥檛 know,鈥 he said of her vaccine rollout role. 鈥淚 never should have let her do it. A lot of my partners鈥 wives don鈥檛 work... She didn鈥檛 need to work, you know? I don鈥檛 know if it was too much. I don鈥檛 know.鈥

The interview ended somewhat abruptly, after a barrister friend of the surgeon called him to say his house was still being searched and the death was being reported in the media. The friend advised him to only give police 30 more minutes, he told the detective.

Mansfield would later characterise the interview as a nasty trick by police at a time when his client was most vulnerable, giving unguarded answers not knowing that it would later be broadcast to a courtroom - and, in fact, to all of New Zealand. His answers to the detective鈥檚 questions weren鈥檛 always perfect, but the lack of easy explanations goes to show he wasn鈥檛 a cold-blooded murderer who had planned an elaborate deception, his lawyer said.

Prosecutors, meanwhile, warned jurors not to be fooled. He鈥檚 an 鈥渁typical man鈥 with high levels of intelligence and a 鈥渕aster manipulator鈥, McClintock said. What jurors saw in the video, she speculated, was him momentarily stumbling as he realised he might not get away with it as easily as he anticipated.

Dr Phillip Polkinghorne (centre) is surrounded by his defence team as he arrives at Auckland High Court on 29 July, 2024, the first day of his murder trial. Photo / Michael Craig
Dr Phillip Polkinghorne (centre) is surrounded by his defence team as he arrives at Auckland High Court on 29 July, 2024, the first day of his murder trial. Photo / Michael Craig

鈥淗is lawyer says he shouldn鈥檛 have been there - not Dr Polkinghorne, not the renowned eye surgeon, not the man of wealth, of standing,鈥 McClintock said of the interview. 鈥淪upposedly police should have just rubber-stamped this [as a suicide].鈥

During a fresh air break in the interview, Polkinghorne took the opportunity to delete all previous WhatsApp messages with Ashton from his phone. Prosecutors characterised it as 鈥渕anipulating evidence鈥. His own lawyer called it common sense - a premonition, as the intent of the interview became obvious, that his name and lifestyle were about to be dragged through the mud.

鈥楿nmasks the murderer鈥

There were other intriguing findings scattered throughout the seven weeks of evidence - some of which were likely to be considered significant, others rabbit holes in which entire days were swallowed.

There was the data from his phone, and from hers.

Polkinghorne鈥檚 phone was put into sleep mode at 11.16pm on April 4. He told police he slept through the night then read the next morning before discovering his wife鈥檚 body as he went downstairs intending to make her breakfast in bed. But his device was unlocked at 1.10am on April 5 and WhatsApp was accessed, police found. Neither the contents of the messages nor the recipient are known.

The phone was switched onto 鈥渁irplane鈥 mode, cutting access to the cellular network, at 1.11am. In the 12 months prior, he had never before done that, a detective noted. He continued to use various apps until the display was again turned off at 2.44am, staying off this time until 6.46am. He continued to use photo and video apps through to 8.05am, two minutes before he called 111.

The data showed not only had he been lying about sleeping but he 鈥渉ad plenty of time to kill her鈥, McClintock said. It鈥檚 also unbelievable that Hanna could have killed herself without him knowing if he was awake the whole time, she said. But the defence painted a simpler picture: a man watching Netflix in bed, suffering his own stress-induced insomnia and unaware that his wife was also awake, battling more serious demons.

Hanna鈥檚 phone data was much less straightforward.

Photo of rope from inside eye surgeon Philip Polkinghorne's Remuera home has been entered into evidence at his murder trial in the High Court of Auckland. He is accused of having strangled wife Pauline Hanna then staging the scene to look like a suicide by hanging.
Photo of rope from inside eye surgeon Philip Polkinghorne's Remuera home has been entered into evidence at his murder trial in the High Court of Auckland. He is accused of having strangled wife Pauline Hanna then staging the scene to look like a suicide by hanging.

Everyone agreed it was put into sleep mode at 10.47pm on April 4, but two IT experts debated for days about whether it was ever accessed again. The defence insisted she opened her messaging app around 4am and appeared to contemplate texts to two people - Polkinghorne and the daughter of a friend - but then must have had second thoughts and exited the app. If accepted to be true, it would be a strong argument for the suicide narrative.

But a police expert was equally as adamant that Hanna never used the phone again after 10.47pm. The 鈥渋Message identity lookup鈥 log that the defence was relying on is something that can run automatically in the background, he said, noting that there were no logs for the phone鈥檚 screen becoming unlocked or the phone moving. The defence expert insisted the opposite - that 鈥渋Message identity lookup鈥 could only run if a person was actively using the app.

The stalemate was never resolved but at any rate, the Crown noted, Polkinghorne had already been on record saying that he knew his wife鈥檚 passcode.

Another day or so was spent eliciting from numerous witnesses meticulous detail about a 鈥渟weet puff鈥 meth pipe that was found at Polkinghorne鈥檚 workplace in late 2020. He was never charged with possession of that pipe, but prosecutors wanted to show a pattern of the surgeon鈥檚 life spiralling out of control with the drug to the point it was entering his workplace. Polkinghorne鈥檚 lawyers insisted it wasn鈥檛 his and, although there was CCTV of him entering the office with two patients on the weekend before the Monday morning when the pipe was found, there were other people who had also been in the office. He let the patients out around 9pm and stayed behind an hour longer.

It was another unresolved issue left to the interpretation of jurors.

Then there were the internet searches.

Records show the ophthalmologist asked the web soon after his interview with police ended: 鈥渉ow to delete iCloud storage鈥. The next day he went to the website for DuckDuckGo, an app which allows web searches that cannot be traced. But because he searched through the website instead of the app, police were able to trace the search. It read: 鈥渓eg edema after strangulation鈥. Edema is a clinical term for swelling.

鈥淭his search unmasks the murderer, I suggest,鈥 McClintock said.

The defence argued the search engine was not as nefarious as the Crown made it out to be, as it is often used by professionals who don鈥檛 want their data to be mined. 鈥淪trangulation鈥, Mansfield argued, could be a clumsy way of referring to a death by hanging.

Hanna鈥檚 searches included the Christmas Eve queries about meth and a visit to the Alcoholics Anonymous webpage. Significantly, a detective said, there were no internet searches in her history for suicide or self-harm. But it鈥檚 quite common for people to kill themselves without planning or research, a defence expert would later counter.

Cracked facades

On the surface, Philip and Pauline seemed to have the perfect life - top-performing professionals, expensive wardrobe, frequent overseas travel, a grand house in one of New Zealand鈥檚 most affluent suburbs, a Mercedes with personalised plates, a bach in an exclusive Coromandel beach community, 24 years of marriage and $10 million net worth.

But with hindsight, there had been cracks in both of their facades.

Polkinghorne the 鈥渟ex fiend鈥 who bought his methamphetamine in bulk. But was he a killer?

Hanna who secretly struggled with self-doubt and sometimes used a dangerous mix of alcohol and sleeping pills. But was she suicidal?

The defence warned jurors not to fall for such an absurd fantasy as the Crown proposed: a TV villain mastermind willing to brutally - but also delicately, with surgeon finesse - strangle the woman he loved and then pose her body in a grotesque final insult.

鈥淭his has been a trial prosecuted by emotion and where the victim is logic,鈥 Mansfield said, suggesting that a guilty verdict would mean the Crown had succeeded in turning them into 鈥渆motional vigilantes鈥.

鈥淎 trial prosecuted by emotion allows our murder-mystery fantasies to run wild. It was like a binge of every Murder She Wrote all in one session by our own Angela Lansbury presenting...

鈥淗is entire lifestyle has been laid bare 鈥 I would say unnecessarily 鈥 seeking to create him as the villain that the Crown says he is.鈥

It鈥檚 fine, he said, if some jurors 鈥渁re not able to shake the image of a dirty old man who didn鈥檛 realise how good he had it with Pauline鈥. They might even think his treatment of her contributed to her suicide risk factors, he said.

Pauline Hanna. Photo / Supplied
Pauline Hanna. Photo / Supplied

But 鈥渋t鈥檚 a reality鈥, he said, that Hanna had vulnerabilities and that cannot be overlooked.

鈥淭here is no justice for Pauline if you ignore her vulnerabilities and ignore the decision she took,鈥 he said.

But if anything, the Crown countered, Hanna鈥檚 vulnerability was continuing to love and defend the 鈥渧ery angry man鈥 who had strangled her at least once before. McClintock acknowledged the oddity of the case, but the gruesome scenario was unfortunately no fantasy, she said.

鈥淪he was not a woman who had given up. She was a woman whose husband was giving up on her.鈥

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

聽is an Auckland-based reporter with a focus on police, the courts, prisons and defence. He joined the Herald in 2022 and has previously worked at Stuff in Auckland and the Otago Daily Times in Dunedin.

罢丑别听Herald聽has covered the case in a daily podcast,听. You can follow the podcast at聽,听,听, through聽聽feed, or wherever you get your podcasts.

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