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Defence lawyers on Polkinghorne acquittal: Coroner can make different finding

Author
New,
Publish Date
Tue, 24 Sep 2024, 11:46am
Philip Polkinghorne leaves the Auckland High Court with his sister Ruth Hughes and defence lawyer Ron Mansfield KC after the not guilty verdict. Photo / Dean Purcell
Philip Polkinghorne leaves the Auckland High Court with his sister Ruth Hughes and defence lawyer Ron Mansfield KC after the not guilty verdict. Photo / Dean Purcell

Defence lawyers on Polkinghorne acquittal: Coroner can make different finding

Author
New,
Publish Date
Tue, 24 Sep 2024, 11:46am

- Philip Polkinghorne was found not guilty of murdering his wife Pauline Hanna after a two-day jury deliberation.

- Criminal defence lawyers Roderick Mulgan and Elizabeth Hall praised the verdict as an example of the justice system working.

- Mulgan noted a Coroner may find Hanna didn鈥檛 commit suicide, but a Coroner鈥檚 inquest is not a criminal inquiry.

Following the trial that gripped the nation a criminal defence lawyer says the听Polkinghorne trial听is an example of the criminal justice system working.

The jury found eye surgeon Philip Polkinghorne not guilty of the murder or manslaughter of his wife Pauline Hanna at their Remuera home in April 2021.

The verdict was returned yesterday afternoon following 10 hours of deliberations that stretched over two days.

For eight weeks the jurors listened intently to evidence from the Crown which听alleged Polkinghorne murdered his 63-year-old wife Pauline Hanna听at their home in Remuera and arguments from the defence which claimed she took her own life.

Criminal defence lawyer Roderick Mulgan told听九一星空无限talk ZB听that he wasn鈥檛 surprised by the verdict because of the significant doubt present.

Philip Polkinghorne leaves Auckland High Court with sister Ruth Hughes after being found not guilty of murdering his wife Pauline Hanna. Photo / Dean PurcellPhilip Polkinghorne leaves Auckland High Court with sister Ruth Hughes after being found not guilty of murdering his wife Pauline Hanna. Photo / Dean Purcell

鈥淚 think many people saw that coming.

鈥淚f there is doubt, you鈥檝e got to have an acquittal, even though many people were suspicious it was just not enough. It is a high bar.鈥

Mulgan said it is difficult to convict people on circumstantial evidence.

鈥淛udges say to juries all the time, even if you think it is likely somebody did it that鈥檚 not enough to be sure.鈥

Roderick Mulgan. Photo / SuppliedRoderick Mulgan. Photo / Supplied

What if the Coroner says Pauline Hanna鈥檚 death was not suicide?

Mulgan said the Coroner has a different standard of evidence and a Coroner鈥檚 inquiry is a balance of probabilities of what鈥檚 more likely.

He says a Coroner鈥檚 conclusion is not a criminal enquiry.

鈥淭he Coroner is free to come to a different conclusion if they think the evidence merits it.鈥

He said you can have the jury claiming doubt and the Coroner saying it鈥檚 likely to be murder and 鈥渢hose two things can sit side by side鈥.

Mulgan said a retrial is very unlikely because 鈥渁 re-trial is big and it鈥檚 complex鈥.

A new trial could only happen if there was substantial new evidence.

鈥淚t just doesn鈥檛 exist, everything here is circumstantial.

鈥淭here was never an eye witness, there was never a photograph, there was never a fingerprint.鈥

Mulgan said he believed a retrial was not going to happen and Polkinghorne was likely a free man for good.

Defence lawyer Elizabeth Hall. Photo / SuppliedDefence lawyer Elizabeth Hall. Photo / Supplied

Criminal defence lawyer Elizabeth Hall told九一星空无限talk ZB鈥檚听Mike Hosking that the verdict was a prime example of our criminal justice system working and that it is encouraging for all defence lawyers to see.

When asked how much weight she would put on Madison Ashton鈥檚 non-appearance, Hall said the jury wasn鈥檛 missing anything.

鈥淐ome on Mike, everything that woman has to say was already before the jury.

鈥淭he only thing that the jury missed out on was seeing what that outfit that woman wore to court.鈥

Hall said she thought it was a red herring to focus on what Ashton might have added to the trial.

She said she didn鈥檛 think the trial gripped the nation, 鈥淚 think it has gripped those people who like clickbait on media, it鈥檚 just justice working.鈥

Both the Crown and defence have worked very hard, the verdict is what it is, and New Zealanders need to see that it鈥檚 justice working, Hall said.

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