Philip Polkinghorne trial: Polkinghorne sobs as email Pauline Hanna penned to herself read out

Tuesday, 10 September 2024

Warning: The latest evidence in the Polkinghorne trial involves detailed evidence from a forensic pathologist, and details suicide. Some readers may find the content distressing.

Philip Polkinghorne sobbed as an email was read out in court that his wife had written and sent to herself in April 2020, speaking about struggles at work and her feelings of desperation.

“I am never good enough despite my efforts - today is the 25th day in a row - but I am not adding any value I want desperately to tell someone and cry and ask for help but everyone seems to think I am amazing and does not want to know that I have foibles and failings.

'So I have had 3 glasses of wine and a beautiful dinner thanks to PJP - but I don't 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. Pxxxx,“ the email reads.

Despite numerous emails and text messages previously read to the court, this was the first time this email had been referenced.

Digital IT expert, Atakan Shahho, who has been called for the defence, said he extracted the email from Hanna’s laptop earlier this year.

Polkinghorne, a 71-year-old eye doctor, has denied murdering his wife Pauline Hanna. She was found dead in the entranceway of their Remuera home on April 5, Easter Monday, in 2021. The trial is now in its seventh week at the High Court at Auckland.

The Crown’s case is that Polkinghorne fatally strangled Hanna before reporting her death to police as a suicide. It argues he was living a double life, obsessed with meth and in a covert relationship with escort Madison Ashton in Sydney.

Polkinghorne’s defence is that Hanna was exhausted by work-related stress, had a history of mental health issues, was on medication, and tragically took her own life.

Atakan Shahho, a digital IT expert, said he’d been instructed by a solicitor on behalf of Polkinghorne in mid February 2024 to review the extractions on Polkinghorne and Hanna’s devices and also extracted data himself that previously hadn’t been heard in court.

Some of those included a number of emails found on Hanna’s laptop.

They include emails between her and her brother Bruce from 2019 about the ownership of the family farm in Hawke's Bay and their mother's care and health. There were also numerous emails to Polkinghorne's son and partner in London regarding her job with the Covid-19 response and the potential purchase of an apartment.

But it was one email from April 14, 2020 that made Polkinghorne visibly upset, holding his head in his hands and sobbing quietly.

The email had been sent from Hanna to herself at 8.11pm and started with her stating Polkinghorne had cooked a beautiful dinner.

'Very lovely. And I love him. But I have worked 15/6 hours over Easter. And yet I am tried an note myself but I had had a horrible day starting with….whom I have disappointed.“

She goes on to say how she is never good enough despite her efforts.

'I have tried to bring up with Philip but he tells me he hasn't got time to go over the negative tonight = he has enough.

'I must stand on my own two feet but I don't know if I have two feet or what they look like.'

Pathologist would have concluded Pauline Hanna’s death was suicide

Earlier on Tuesday, the court heard from a fourth pathologist. Dr Christopher Milroy, who has been awarded an OBE from King Charles for his services to forensic pathology over the last 30 plus years, beamed in from Ottawa Hospital in Canada. He is the second pathologist called for the defence.

Last week, the court heard from veteran pathologist Professor Stephen Cordner who was also called for the defence. He said he would have concluded Hanna’s death was a suicide. The pathologists called for the Crown had said the cause of death was neck compression but they could not say whether Hanna died by suicide or manual/ligature strangulation.

Under cross-examination by Auckland’s Crown Solicitor Alysha McClintock, Milroy confirmed he was instructed on August 21, 2024 to review Cordner’s evidence.

Milroy told McClintock that Cordner’s approach had been fair, objective and scientific.

He said he was cautious not to criticise other pathologists.

'This is a case where people are looking at possibilities,' Milroy said.

Defence lawyer Ron Mansfield asked if Milroy considered Cordner had gone too far in his findings, concluding it was neck compression through a partial suspension.

'I would have given the cause of death as hanging, I would have in my opinion said there were features that would support partial suspension hanging.

Milroy said he was aware it had been raised that some other form of neck compression could have caused Hanna's death and then covered up.

But Milroy said this case appeared typical of self-infliction.

Mansfield moved on to the injuries or lack thereof on Pauline Hanna.

Milroy said if there was an absence of injuries to the neck, both externally and internally, it made him more confident he was dealing with a suicidal hanging.

'If it was manual strangulation through throttling, I would expect to see external and internal injuries, particularly in a lady of Ms Hanna’s age.“

In regards to homicidal ligature strangulation, Mansfield asked Milroy how common it was to see no external/internal injuries.

Milroy was aware of one case in his 30-plus career.

'What we're talking about are exceedingly rare events,' Milroy said.

'You expect to see findings in the neck in homicidal neck compression, the absence was one case that I’m aware of in over 30 years in busy practice in large jurisdictions.'

Zopiclone and its effect

The court has previously heard there was twice the recommended amount of zopiclone (a sleeping pill) present in Hanna at the time of death.

Milroy said the level was in the range that would include non-toxic use and from the hair analysis showed Hanna had been taking zopiclone for at least six months. The medication is usually prescribed short term.

'I’d still expect the person to fight back with this degree of zopiclone. Wouldn’t consider it relevant to the cause of death,' Milroy said.

Under cross-examination, the pathologist agreed he did not tell, nor did the pathology show how tolerant Hanna was.

He agreed that while Hanna had possibly been taking zopiclone for six months it did not determine how often or when she took it.

Milroy also agreed zopiclone in combination with alcohol was not a good combination and the sedative effect on the medication can be increased with the consumption of alcohol.

Pathologist cross-examined by Crown

Under cross-examination, Milroy said he was 'quite aware' as a pathologist he was not the trier of fact - that was up to the jury and to assess all the evidence, not just the pathology evidence.

But he disagreed with McClintock that the pathology in this case was neutral.

'I wouldn’t say the pathology is neutral between homicide/suicide. But one cannot exclude a homicidal hold on this person. This is a case where the pathologists are discussing possibilities,' Milroy said.

While he accepted homicidal strangulation cases staged as suicides do occur, Milroy said they were rare.

He also accepted in non-fatal strangulation cases little or no external injuries could be left on a victim. But he said he'd also seen some cases where the injuries were worse than fatal cases.

McClintock asked if non-fatal strangulation was a common feature of violence against woman. Milroy agreed.

Pauline Hanna's good friends, Pheasant and John Riordan, previously gave evidence where Hanna had told them about an incident where Polkinghorne had strangled her.

Milroy agreed that non-fatal strangulation was a key marker for future violence. McClintock quoted a British study which showed victims of non-fatal strangulation were 7.5x more likely to become a victim of homicide.

Milroy said he was not aware of that study, but said it was a fair point to make.

'It is fair to point out all the cases I've dealt with clinically are female victims with a male perpetrator.'

McClintock asked how many strangulation cases Milroy had dealt with involved alleged strangulation by a surgeon.

'I do not recall any case of strangulation that I’ve dealt with involving a medical practitioner either fatal or non-fatal,' Milroy replied.

Milroy said the injuries found on Hanna were non-specific but agreed with McClintock that they could have occurred during an assault pre-death.

'Pathologically you cannot diagnose them one way or the other,' he said.

He also accepted the time frame for someone to lose consciousness if being strangled was 10-12 seconds. But that would have to be continuous pressure, which was unlikely if there was a struggle.

And then continuous pressure of between 1-2 minutes to cause death, but he said it's hard to tell for certain as they're obviously not allowed to conduct experiments to prove this.

The trial before Justice Graham Lang and a jury continues.