October 31, 2024 • 26 mins
It was a murder trial that gripped New Zealand, and the world.
Pauline Hanna was found dead in a Remuera home she shared with her husband, Philip Polkinghorne, on April 5, 2021.
What followed was a months-long investigation, Polkinghorne charged with murder, a mammoth trial and eventually, an acquittal.
A jury came back with the not guilty verdict in September – a moment that would not be mark the end of this saga.
That’s because on day one of the trial, former Auckland eye surgeon Philip Polkinghorne pleaded guilty to meth charges.
Today, he was sentenced to 150 hours community service – for possession of meth and a pipe.
You can listen to episodes of Accused: The Polkinghorne Trial through The Front Page podcast feed, or find it on iHeartRadio or wherever you get your podcasts.
This series is presented and produced by, Chelsea Daniels, with producer Ethan Sills and sound engineers Paddy Fox and Richard Martin.
See omnystudio.com/listener for privacy information.
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Transcript
Episode Transcript
Available transcripts are automatically generated. Complete accuracy is not guaranteed.
Speaker 1 (00:07):
Hilda. I'm Chelsea Daniels and from the team behind the
front Page the New Zealand Herald's daily news podcast. This
is a bonus episode of Accused. The Polkinghorn Trial. It
was a murder trial that gripped New Zealand and the world.
Pauline Hannah was found dead in a Remuererra home she
(00:29):
shared with her husband, Philip Polkinghorn, on April fifth, twenty
twenty one. What followed was a month's long investigation, Polkinghorn
charged with murder, a mammoth trial, and eventually an acquittal.
A jury came back with the not guilty verdict in September,
a moment that would not mark the end of this saga.
(00:52):
That's because on day one of the trial, the former
Auckland ice surgeon, Philip Polkinghorn, pleaded guilty to meth charges.
Today he was sentenced to one hundred and fifty hours
community service for possession of meth and a meth pipe.
Polkinghorn arrived at the High Court at Auckland flanked by
(01:14):
some of the characters we grew to know during the
nine week trial. Ron Mansfield kc Is Junior, Harrison Smith
and also Polkinghorn's sister Ruth Hughes and his son Tane.
During the trial. Mansfield said the reason Polkinghorn had a
large quantity of meth dotted around the house was because
he bought it in bulk to avoid multiple risky transactions.
(01:38):
The amount did not reflect high or constant usage. Mansfield argued.
Polkinghorn's sentencing began at nine am and was over in
twenty minutes. First off, the court registrar fired off the chargers.
The former is surgeon pleaded guilty too.
Speaker 2 (01:57):
John fulking Pump.
Speaker 3 (01:59):
You pleaded guilty to one charge of position.
Speaker 4 (02:01):
Of metamthatamine and one charge of position of a faith.
Speaker 3 (02:05):
Have you anything to say to white? Accentence of this
court should not be passed upon you according to law no.
Speaker 1 (02:13):
Crown Solicitor Elisia McClintock began by saying, the evidence seen
during the trial paints a very different picture of Polkinghorn's
math use than what he now claims.
Speaker 2 (02:25):
So the amount is obviously a high amount for charge
of this type. Three hundred and seventy individual doses or
uses and over thirteen thousand dollars worth in various places
with his DNA and only his DNA found on a
multitude of the containers.
Speaker 1 (02:41):
McClintock queried whether a fine from the court would deter
Polkinghorn from reoffending.
Speaker 2 (02:47):
On the one hand, he sees as the financial means
that's why he had thirteen thousand dollars worth in his possession, okay.
On the other hand, he says a fine of some
in the order of six hundred and two one thousand
dollars is sufficient to deter him. And my submission, those
two things don't fit to ether.
Speaker 1 (03:08):
Ron Mansfield told the court polking Horn isn't being sentenced
in regard to his use of math and the evidence
of use is irrelevant. He said his client hasn't used
the drug since his wife's death and had provided the
court with documentation showing negative test results. He then went
on to describe Pulkinghorn.
Speaker 4 (03:28):
He's seventy one years of age, so he's got no
previous convictions. He was an optimologist for thirty four years.
He retired following his wife's death. He's worked in both
the private and public sector. He has a national and
international profile for being one of the very top optomologists
(03:50):
in his area of specialty, and as a result of
the allegation he found and needed to defend for just
over two months. He has been a very public and
significant fall from grace. As far as his public profile
is concerned, he's now, unfortunately for him, a household name,
(04:11):
not reflective of his work within the community where he
has saved the site of many within our community. But
for his own personal lifestyle and.
Speaker 1 (04:21):
Affairs, he's intelligent, engaging, witty and overall a kind man.
Mansfield said he.
Speaker 4 (04:28):
Won't come before the court again. He was using methamphetamin
at the time, having been introduced to the drug by another,
but accept responsibility for his decision to use it and
on more than one occasion. But what he's very clear
about Sarah is that he never used methamphetamine when at
(04:50):
work or leading up to a.
Speaker 1 (04:52):
Period of work now. On a side note, at sentencings,
the Crown and defense usually come to court with exact
examples of sentences past. They refer to cases that have
some similarities to the one they're in court for to
try and determine and fight it out as to what
kind of sentence would be appropriate. Mansfield brought up one
(05:13):
such example, one that Justice Graham Lang himself ruled on
involving a sentence to a similar quantity of cocaine. A
professional in the community who hadn't been brought before the
court before he got a fine. There are always some
differences between these kinds of examples. After McClintock and Mansfield
(05:40):
made their submissions, it was Justice Lang's turn to make
his remarks. He began with the chargers and the maximum
penalties for each of them. Possession of meth is six
months imprisonment and or a thousand dollar fine, and possession
of a utensil in this case a pipe is twelve
months in prison and or a fine of up to
(06:01):
five hundred dollars. These are the maximum sentences on offer
for the judge the ceiling if you like, to what
he can legally hand down. Judges then take into account
all of the documents they're given ahead of a sentencing.
Justice Lang went through what exactly was found in the
Remuerra home in April twenty twenty one and where they
(06:23):
were stashed.
Speaker 5 (06:24):
A plastic container that contained eighteen grams of methamphetamine. This
was found in a drawer in the bathroom adjacent to
the main bedroom of the address. In the same drawer
were toilets, toilet trees and medication that have been prescribed
for you. A plastic container that contained two point nine
grams of methamphetamine. This was found in a desk drawer
(06:46):
in the office area of the residence. A small plastic
specimen jar containing sixteen point eight grams of methamphetamine. This
was found in a bedside drawer in the master bedroom.
Plastic point bag containing traces of methamphetamine. This was found
in the bathroom adjacent to the master bedroom after the
(07:07):
police had permitted you to use the shower in that
bathroom on five April twenty twenty one. A buttane lighter
and methem fetamin pipe that was found in a box
under the bed in the master bedroom. You told the
police you had slept in that bed on the night
of four to five April to twenty twenty one. The
(07:30):
methamphetamin was subsequently tested and found to have a purity
of seventy nine to eighty percent.
Speaker 1 (07:36):
All of this adds up to thirty seven point seven
grams in total, or about three hundred and seventy doses
of the drug, and it had a street value of
thirteen thousand dollars. Mansfield submitted that this reflex that Polkinghorn
had the financial means to purchase the drug in bulk
(07:56):
and thereby at a cheaper price.
Speaker 5 (07:59):
The precent report records that you told the writer of
a report that you were a recreational user of methamphetamin
and that your wife had acquired the methamphetamin found at
your address. I do not accept that at the latter assertion.
There was no evidence at trial to suggest your wife
ever used methamphetamin or that she had any detailed knowledge
(08:21):
of it.
Speaker 1 (08:21):
Justice Lang referenced what we heard in the trial about
Hannah's Internet searches, what does a pea pipe look like?
Was one of them, you'll remember, and others about how
meth affects you. Given there was more than five grams
of meth found at the home, police could have charged
Pulkinghorn with possession with the purpose of supply, but they
(08:43):
accepted that he had it all there for his own use.
Speaker 5 (08:47):
Are you? However, The amount that you acquired give some
indication that you must have been using on a reasonably
regular basis. I consider it unlikely that, as you told
the writer of the pre sentence report, you'd only use
the drug between five and ten times in your life.
Speaker 1 (09:04):
Justice Lang mentioned the evidence given a trial about Polkinghorn's
colleague inviting him over for lunch. He'd asked her and
her husband whether they used math. When they said they hadn't,
he apparently told them that they should.
Speaker 5 (09:16):
This goes a considerable way towards explaining your attitude towards
methemphetamin at this time. I note also that you told
the writer of the pre sentence report that you did
not consider your use of the drug to be problematic.
Speaker 1 (09:31):
He goes on to evidence given a trial by Polkinghorn's colleagues,
all of whom spoke highly of his professional abilities. Polkinghorn's
defense lawyer Mansfield suggested a fine in the region of
six hundred and fifty dollars.
Speaker 5 (09:45):
However, I'm satisfied that, giving your healthy financial situation, a
fine would have no deterrent effect at all and would
not be sufficient to hold you properly accounted for your offending.
Speaker 1 (09:59):
Justice Lang pointed out the example we spoke about earlier,
one that Lang himself handed down. In that case, the
offender pleaded guilty to possessing forty five grams of cocaine,
and he was fined one thousand dollars.
Speaker 5 (10:14):
I do not consider that to be an appropriate outcome
in your case. First, you did not enter your pleas
until the commencement of the trial. As Secondly, I consider
you have endeavored to minimize your involvement in the possession
of methem fetter mean by bringing your wife into the equation.
Speaker 1 (10:34):
Lang did note Polkinghorn's negative drug tests, which has been
taking since twenty twenty one, and his intention of not
ever using meth again. Given the amount of the drug
found at the home, Justice Lang said a sentence of
community work is appropriate.
Speaker 5 (10:52):
So if you had to stand Dr Poultenhom on the
charge of being in possession of methem fetterman, you're sentenced
to one hundred and fifty hours community to work. On
the charge of being in possession of utensils. You were
convicted and discharged.
Speaker 1 (11:05):
Thank you. After adjourning, Justice Lang returned to the court
saying he overlooked the matter of entering convictions. He then
entered them and then adjourned outside court. Alicia McClintock said
the sentence is on the higher end of what would
have been possible.
Speaker 2 (11:24):
Well, as I say, I mean the Crown submitted community
was an appropriate sentence.
Speaker 6 (11:28):
For the offending.
Speaker 2 (11:30):
Look it is at the upper end of the amount
for a position charge.
Speaker 1 (11:34):
McClintock said, it's been one of the longest prosecutions in
some time and they're always hard on everybody.
Speaker 3 (11:41):
You know.
Speaker 2 (11:42):
It was a tireless police investigation and a long and
complex and difficult prosecution and everyone did their absolute best
and I'm very proud of the case that was presented.
Speaker 1 (11:53):
Detective Senior Sergeant Chris Allen said they've been in touch
with Pauline Hannah's family.
Speaker 6 (11:58):
Rust all obviously disappointed with the with the outcome, and
you know that's probably a metaphor for them to talk
to if they want to. They just want to sort of,
you know, move on with your life, I think, and
and sort of get on all things. That's the type
of you know, down to earth sort of you know.
Speaker 5 (12:16):
People that they are.
Speaker 1 (12:17):
Then Philip Polkinghorn left court, flanked by Ron Mansfield, his
sister Ruth Son Taine, as well as lawyers Harrison Smith
and Hannah Stewart. Our colleague Michael Morra was.
Speaker 6 (12:29):
There, Philip, your thoughts on sentencing today? Did you feel
that was a fierce sentence? One hundred and fifty hours
community work.
Speaker 3 (12:38):
We're happy with it.
Speaker 4 (12:39):
Thank you.
Speaker 6 (12:40):
Yeah, yeah, what what do you so.
Speaker 4 (12:43):
In the lifetime of community work by this man? So
another one hundred and fifty hours won't do any harm?
Speaker 6 (12:49):
What will be what will be done for the one
hundred and fifty hours? What sort of work? We'll wait
and see any satisfied ron in a long trial that
this is all done and dusted now, Thanks guys, Thank.
Speaker 1 (13:05):
You and zad Harold. Investigative reporter Carolyn mcgnee has covered
this story since twenty twenty one. She joins US Now
to discuss the revelations made after the trial, the women,
the will, the math, and an exclusive club. Caro, since
(13:32):
the trial, you've been in contact with a certain woman
who didn't appear at the trial but certainly made an impact.
That's Sydney sex worker Madison Ashton. First off, what's she
said about the not guilty verdict?
Speaker 3 (13:47):
Madison Ashton, who was Philip Polkinhorn's former mistress, was absolutely
shaken by the verdict because I rang her immediately after
the jury had made their decision and she said, I'm
so shocked, I'm shaking. My whole body is shaking. And
then I later asked her if you actually gave evidence
at the trial, would it have made a difference? And
(14:09):
she said probably not. During the trial, Medicine and I
were in contact while she was traveling overseas to Lisbon, Sicily,
London and Croatia. So when I asked her that question
about whether she thinks she could have made a difference,
she said no, probably not, because her anger was not
directed at anyone else but the police. She believed that
(14:29):
they watched the entire investigation and she felt that if
she was to go on the stand, it would have
made no difference at all and she would have been
probably decimated by the defense council.
Speaker 1 (14:41):
So you mentioned she actually fled to Europe during the
trial and she was of course meant to take the
stand for the crown, And you mentioned that she didn't
really have any regrets about it. Was she keeping in
contact with the trial while she was overseas or just
really enjoying herself.
Speaker 3 (14:57):
Well, Madison Ashton had went overseas partially because she was
very concerned about the direction of how the trial was going,
and so she was turning fifty, so she decided to
shelter solf a trip to Europe. But she did tell
me she was mainlining on the trial. She could not
get enough to the point where she stayed up all
night because of our time difference, purely because she wanted
(15:20):
to find out what was happening.
Speaker 1 (15:22):
We learned a lot about Ashton and Polkinghorn's relationship during
the trial, but what more of you learned from the
woman herself about their relationship.
Speaker 3 (15:32):
Well, the thing is through this whole investigation, and it
really has been, Chelsea, because I've lived and breathed this
since twenty twenty one, and so gradually, as you talk
to people into friends of Pauline Hannah's family members, other
sex workers, Polkinghorn himself, you paint a picture of all
the sort of elements and how they all connect to
(15:54):
the digsal puzzle that isn't Ashton was initially very hostile
towards me at that point. She claims she believed in
Polkinghorn's innocence. She had no idea that he was actually
still married to Pauline Hannah till the sex trist she
had with Philip Pokinghorn at Mount Cook about six weeks
after Pauline Hannah's death. And I guess with Madison Ashton,
(16:16):
I didn't know just the level or their status of
their relationship. So from what I understand was from twenty
eleven Pauline Hannah and Philip Pokinghorn they engaged in a
booking with Madison Ashton and three other sex workers. So
it was purely, as Ashton tells me, from twenty eleven
(16:36):
to probably twenty seventeen, it was purely transactional between her
and Polkinghorn. Then from a bart twenty seventeen to a
Bart twenty twenty one up to the present day. It's
my understanding that and also Ashton's, that Pockinghorn was actually
beginning to fall in love with her. It was becoming
really obsessed, and he would make trips to Sydney. He
(16:58):
bought a lease for an apartment for her to live
in for two years, so they were building a relationship together.
Around about twenty nineteen, as we'd heard in the trial,
Pockinghorn was acting quite erratically at work. Also, the relationship
with Pauline was clearly at a turning point. He went
to Sydney that year and spent it with Ashton in
(17:19):
her apartment. Pauline and the rest of the family were
at rings speech and Pokinghorn told Pauline that he was
going away on a men's treat Well, clearly that wasn't
the case. What Ashton told me in twenty nineteen was
Polkinghorn had told her that he was about to divorce Pauline,
but that never eventuated.
Speaker 1 (17:39):
And it's not only Madison Ashton who you've spoken to, hey,
when it comes to sex workers.
Speaker 3 (17:44):
I managed to find one woman, Aubrey Black, that's her
working name, and only wants to be known as Aubrey Black.
And she was interestingly a New Zealander born in New
Zealand and Gisbon of all places, to a family of Mormons,
so obviously very religious. Aubrey then got into sex work
in Australia and is an international porn star. Polkinghorn contacted
(18:08):
Aubrey a couple of months after Pauline's death. I think
he went through the Scarlet Blue agency where she works
and made a booking with her. So she came up
to New Zealand. They met at the Sky City and
Black says they never had sex that night, but Pokinghorn
had told her that Pauline Hannah had killed herself. So
they talked and he sobbed and he said that you know,
(18:28):
she was very stressed and depressed and relied on a
lot of medications and was unraveling basically before her death.
Also that her mother had previously died. When he arrived,
he brought a green handbag, one of Pauline Hannah's, filled
with a bottle of prosecco and some fetter cheese, and
Black said it was the most disgusting thing. They met
a second time and they had sex, but it was
(18:51):
interesting because Pokinghorn wanted to offer Black the use of
Pauline Hannah's car and also her handbags and designer shoes,
and also to fix her teeth. There was nothing wrong
with her teeth, but he said that I'll repair for
your teeth, and it was a very bizarre thing. So
she thought that was quite dodgy. It wasn't until she
went back to Australia she found out that he was
(19:13):
later being investigated for the death of Pauline Hannah. The
second sex worker that I spoke to that The Herald
has chosen not to name, spent a lot of time
with Philip Pokinghorn during the lockdown in twenty twenty. They
had sex in Pokinghorn and Hannah's house the first time,
and he basically would call her all the time. He
(19:35):
became quite obsessive with her, and basically she was due
to leave to go back to Australia, but of course
lockdown happened, and then he said, well, look you can
come and stay with me at my rings speech holiday
hus So she did that. But during that time, the
woman who we called Nicole said that she just felt
like she described herself as the lockdown wife and basically
(19:58):
the relationship, she claims was purely transactional. But Polkinghorn wanted
sex regularly without having to pay her. He bought her
a computer. He basically was fixated by her as well.
And the funny thing about all of these sex workers,
and you know the photographs that I've seen, is they
a younger Well, in fact ure Black said, we're younger
(20:21):
versions of Pauline Hannah. Philip Pokinghorn has a prototype. Madison
Ashton says that she was Pauline Hannah two point zero.
They all had big hair, brunette hair, petite, but with
big breasts, so they all were similar versions of Pauline.
Speaker 1 (20:36):
I remember actually early on you spoke to Polkinghorn right
after Pauline's death, but actually before he was charged. Right
how bizarre was that conversation with him. It was over
the phone, wasn't it.
Speaker 3 (20:50):
I was asked by one of the editors, actually Hamish Fletcher,
to make a phone call or to do what we
call a door knock that day, I remember it clearly.
It was so I was just emailed a potential cell
phone number for Philip Pokinghorn. But it was Friday morning
and it was really raining, hard, horrible morning, and I thought, look,
you know, the chances are I'm not quite sure what
(21:12):
the situation is, but I'll just give it a shot.
And so I rang him and it was the most
bizarre conversation I've ever ever had. Firstly, it began, you know,
obviously I introduced myself. Philip Pokinghorn told me that his
lawyers had advised him not to speak to the media.
But then he started talking about how much he missed
her and that this whole thing was just horrible. Horrible,
(21:34):
horrible were his words. It got even more bizarre because
near the middle of the conversation I sort of said, so,
you know, how would you describe relationship? Was it fine?
And the most unusual words, which you know, was used
as evidence in court, was like it wasn't fine. It
wasn't fine at all. It was perfect or something along
those words, which to me, no relationship is in my experience,
(21:56):
and I'm sure in yours and everybody else we're all human, right,
relationship is ever perfect. And of course the trial revealed
there were so many flaws in Pauline Hannah and Philip
Polkinghorn's relationship as there are in any relationship or marriage.
Speaker 1 (22:11):
And do we know anything about Polkinghorn's life after the trial,
because we spent a lot of time talking about him
and listening about the intricacies of his relationships and his
life over a nine week period, and not so much afterwards.
Do we know anything?
Speaker 3 (22:28):
I was very sort of determined to find out more, Chelsea,
because you know, as I said earlier, it's been a
case that's probably taken over my life for three years,
and it's also been such a highly publicized, controversial criminal case,
so it's had the whole nation obsessed by it. So
I thought, well, there must be more. So one of
(22:48):
our journalists, Steve Brounius, wrote on the day of the
verdict that Polkinghorn and his sister Ruth went straight across
the road to the Auckland Northern Club, which I thought
was rather odd because given the high level of interest
in this case, I found that interesting. So I decided
to actually make some inquiries into the Northern Club because
there is a rule in the Northern Club, rule forty three.
(23:10):
They have a level of conduct that you have to
adhere to. Polkinghorn had pleaded guilty to methamphetamine charges, so
clearly that was a criminal act. But I thought, well
is this right and how would the other members feel
about that fact?
Speaker 1 (23:23):
It's quite an exclusive club as well?
Speaker 3 (23:25):
Well it is. It's they have over two thousand members.
It's generally for professionals or business you know, work in
the business community, and it's a networking thing and as
you say exclusive, it's a building that's associated with a
lot of rich history. I was very lucky in one
of the sources that I contacted who was very helpful
and had given me some names of people or members
(23:46):
that belonged to the club. And another Casey, who has
been remarkable as well. She's been very very sort of
utspoken about her anger that Polkinghorn has lowered the reputation
of the club and that if he came in he
would not be welcome, so little by little like it
was gathering evidence and information. The general consensus is people
(24:08):
some members wanted him out, So we just have to
wait and see what happens with the Northern Club. The
other thing that I have been focusing on was the
Northern Club. And also I managed to find out how
supplied Philip Polkinghorn with the fifty six grams of meth
and fhetamine which Polkinghorn paid fourteen thousand dollars for. And
(24:29):
that was quite enlightening.
Speaker 1 (24:31):
Because so did he have fifty six because there was
thirty seven point seven grams found at his time.
Speaker 3 (24:35):
Now, but this meth and phetamine was purchased around March
or April. So I'm not making any kind of connections here,
but that is what the meth dealer told me. So
that happened. And then the other thing is that it
was slightly mentioned in court but not touched upon greatly
except for the defense lawyer Ron Mansfield KC when he
(24:57):
was interviewing Bruce Hannah, applying that Bruce Hannah was interested
in Pauline Hannah's will. Well, that was not the case
because I also wrote a story a few weeks ago
that Pauline Hannah. They cannot find a will for Pauline Hannah.
So she had set up trusts and stuff with Philip Polkinghorn,
but there was still no evidence of a will. Which
the weird thing is is that Philip Polkinghorn Bruce Hannah
(25:19):
told me rang him the day out, straight after the
day of puling Handa's death, have you got her will?
Which he thought was outrageous because he said, well, why
would I have the will? How would I have her will?
So Bruce Hannah approached me to write a story about
somewhere in Auckland, in some law firm, Pauline Hannah's will
must be here somewhere. Thanks for joining us, Caro.
Speaker 1 (25:45):
You can listen to episodes of Accused the polking Horn
Trial through the front Page podcast feed or find it
on iHeartRadio or wherever you get your podcasts. This series
is presented and produced by me Chelsea Daniels, with producer
Ethan Sills and sound engineer Patty Fox. Additional reporting from
(26:05):
The Heralds Craig Capitan and George Block And for more
coverage of the Polkinghorn trial, head to enzid Herald dot
co dot enz
Hilda. I'm Chelsea Daniels and from the team behind the
front Page the New Zealand Herald's daily news podcast. This
is a bonus episode of Accused. The Polkinghorn Trial. It
was a murder trial that gripped New Zealand and the world.
Pauline Hannah was found dead in a Remuererra home she
(00:29):
shared with her husband, Philip Polkinghorn, on April fifth, twenty
twenty one. What followed was a month's long investigation, Polkinghorn
charged with murder, a mammoth trial, and eventually an acquittal.
A jury came back with the not guilty verdict in September,
a moment that would not mark the end of this saga.
(00:52):
That's because on day one of the trial, the former
Auckland ice surgeon, Philip Polkinghorn, pleaded guilty to meth charges.
Today he was sentenced to one hundred and fifty hours
community service for possession of meth and a meth pipe.
Polkinghorn arrived at the High Court at Auckland flanked by
(01:14):
some of the characters we grew to know during the
nine week trial. Ron Mansfield kc Is Junior, Harrison Smith
and also Polkinghorn's sister Ruth Hughes and his son Tane.
During the trial. Mansfield said the reason Polkinghorn had a
large quantity of meth dotted around the house was because
he bought it in bulk to avoid multiple risky transactions.
(01:38):
The amount did not reflect high or constant usage. Mansfield argued.
Polkinghorn's sentencing began at nine am and was over in
twenty minutes. First off, the court registrar fired off the chargers.
The former is surgeon pleaded guilty too.
Speaker 2 (01:57):
John fulking Pump.
Speaker 3 (01:59):
You pleaded guilty to one charge of position.
Speaker 4 (02:01):
Of metamthatamine and one charge of position of a faith.
Speaker 3 (02:05):
Have you anything to say to white? Accentence of this
court should not be passed upon you according to law no.
Speaker 1 (02:13):
Crown Solicitor Elisia McClintock began by saying, the evidence seen
during the trial paints a very different picture of Polkinghorn's
math use than what he now claims.
Speaker 2 (02:25):
So the amount is obviously a high amount for charge
of this type. Three hundred and seventy individual doses or
uses and over thirteen thousand dollars worth in various places
with his DNA and only his DNA found on a
multitude of the containers.
Speaker 1 (02:41):
McClintock queried whether a fine from the court would deter
Polkinghorn from reoffending.
Speaker 2 (02:47):
On the one hand, he sees as the financial means
that's why he had thirteen thousand dollars worth in his possession, okay.
On the other hand, he says a fine of some
in the order of six hundred and two one thousand
dollars is sufficient to deter him. And my submission, those
two things don't fit to ether.
Speaker 1 (03:08):
Ron Mansfield told the court polking Horn isn't being sentenced
in regard to his use of math and the evidence
of use is irrelevant. He said his client hasn't used
the drug since his wife's death and had provided the
court with documentation showing negative test results. He then went
on to describe Pulkinghorn.
Speaker 4 (03:28):
He's seventy one years of age, so he's got no
previous convictions. He was an optimologist for thirty four years.
He retired following his wife's death. He's worked in both
the private and public sector. He has a national and
international profile for being one of the very top optomologists
(03:50):
in his area of specialty, and as a result of
the allegation he found and needed to defend for just
over two months. He has been a very public and
significant fall from grace. As far as his public profile
is concerned, he's now, unfortunately for him, a household name,
(04:11):
not reflective of his work within the community where he
has saved the site of many within our community. But
for his own personal lifestyle and.
Speaker 1 (04:21):
Affairs, he's intelligent, engaging, witty and overall a kind man.
Mansfield said he.
Speaker 4 (04:28):
Won't come before the court again. He was using methamphetamin
at the time, having been introduced to the drug by another,
but accept responsibility for his decision to use it and
on more than one occasion. But what he's very clear
about Sarah is that he never used methamphetamine when at
(04:50):
work or leading up to a.
Speaker 1 (04:52):
Period of work now. On a side note, at sentencings,
the Crown and defense usually come to court with exact
examples of sentences past. They refer to cases that have
some similarities to the one they're in court for to
try and determine and fight it out as to what
kind of sentence would be appropriate. Mansfield brought up one
(05:13):
such example, one that Justice Graham Lang himself ruled on
involving a sentence to a similar quantity of cocaine. A
professional in the community who hadn't been brought before the
court before he got a fine. There are always some
differences between these kinds of examples. After McClintock and Mansfield
(05:40):
made their submissions, it was Justice Lang's turn to make
his remarks. He began with the chargers and the maximum
penalties for each of them. Possession of meth is six
months imprisonment and or a thousand dollar fine, and possession
of a utensil in this case a pipe is twelve
months in prison and or a fine of up to
(06:01):
five hundred dollars. These are the maximum sentences on offer
for the judge the ceiling if you like, to what
he can legally hand down. Judges then take into account
all of the documents they're given ahead of a sentencing.
Justice Lang went through what exactly was found in the
Remuerra home in April twenty twenty one and where they
(06:23):
were stashed.
Speaker 5 (06:24):
A plastic container that contained eighteen grams of methamphetamine. This
was found in a drawer in the bathroom adjacent to
the main bedroom of the address. In the same drawer
were toilets, toilet trees and medication that have been prescribed
for you. A plastic container that contained two point nine
grams of methamphetamine. This was found in a desk drawer
(06:46):
in the office area of the residence. A small plastic
specimen jar containing sixteen point eight grams of methamphetamine. This
was found in a bedside drawer in the master bedroom.
Plastic point bag containing traces of methamphetamine. This was found
in the bathroom adjacent to the master bedroom after the
(07:07):
police had permitted you to use the shower in that
bathroom on five April twenty twenty one. A buttane lighter
and methem fetamin pipe that was found in a box
under the bed in the master bedroom. You told the
police you had slept in that bed on the night
of four to five April to twenty twenty one. The
(07:30):
methamphetamin was subsequently tested and found to have a purity
of seventy nine to eighty percent.
Speaker 1 (07:36):
All of this adds up to thirty seven point seven
grams in total, or about three hundred and seventy doses
of the drug, and it had a street value of
thirteen thousand dollars. Mansfield submitted that this reflex that Polkinghorn
had the financial means to purchase the drug in bulk
(07:56):
and thereby at a cheaper price.
Speaker 5 (07:59):
The precent report records that you told the writer of
a report that you were a recreational user of methamphetamin
and that your wife had acquired the methamphetamin found at
your address. I do not accept that at the latter assertion.
There was no evidence at trial to suggest your wife
ever used methamphetamin or that she had any detailed knowledge
(08:21):
of it.
Speaker 1 (08:21):
Justice Lang referenced what we heard in the trial about
Hannah's Internet searches, what does a pea pipe look like?
Was one of them, you'll remember, and others about how
meth affects you. Given there was more than five grams
of meth found at the home, police could have charged
Pulkinghorn with possession with the purpose of supply, but they
(08:43):
accepted that he had it all there for his own use.
Speaker 5 (08:47):
Are you? However, The amount that you acquired give some
indication that you must have been using on a reasonably
regular basis. I consider it unlikely that, as you told
the writer of the pre sentence report, you'd only use
the drug between five and ten times in your life.
Speaker 1 (09:04):
Justice Lang mentioned the evidence given a trial about Polkinghorn's
colleague inviting him over for lunch. He'd asked her and
her husband whether they used math. When they said they hadn't,
he apparently told them that they should.
Speaker 5 (09:16):
This goes a considerable way towards explaining your attitude towards
methemphetamin at this time. I note also that you told
the writer of the pre sentence report that you did
not consider your use of the drug to be problematic.
Speaker 1 (09:31):
He goes on to evidence given a trial by Polkinghorn's colleagues,
all of whom spoke highly of his professional abilities. Polkinghorn's
defense lawyer Mansfield suggested a fine in the region of
six hundred and fifty dollars.
Speaker 5 (09:45):
However, I'm satisfied that, giving your healthy financial situation, a
fine would have no deterrent effect at all and would
not be sufficient to hold you properly accounted for your offending.
Speaker 1 (09:59):
Justice Lang pointed out the example we spoke about earlier,
one that Lang himself handed down. In that case, the
offender pleaded guilty to possessing forty five grams of cocaine,
and he was fined one thousand dollars.
Speaker 5 (10:14):
I do not consider that to be an appropriate outcome
in your case. First, you did not enter your pleas
until the commencement of the trial. As Secondly, I consider
you have endeavored to minimize your involvement in the possession
of methem fetter mean by bringing your wife into the equation.
Speaker 1 (10:34):
Lang did note Polkinghorn's negative drug tests, which has been
taking since twenty twenty one, and his intention of not
ever using meth again. Given the amount of the drug
found at the home, Justice Lang said a sentence of
community work is appropriate.
Speaker 5 (10:52):
So if you had to stand Dr Poultenhom on the
charge of being in possession of methem fetterman, you're sentenced
to one hundred and fifty hours community to work. On
the charge of being in possession of utensils. You were
convicted and discharged.
Speaker 1 (11:05):
Thank you. After adjourning, Justice Lang returned to the court
saying he overlooked the matter of entering convictions. He then
entered them and then adjourned outside court. Alicia McClintock said
the sentence is on the higher end of what would
have been possible.
Speaker 2 (11:24):
Well, as I say, I mean the Crown submitted community
was an appropriate sentence.
Speaker 6 (11:28):
For the offending.
Speaker 2 (11:30):
Look it is at the upper end of the amount
for a position charge.
Speaker 1 (11:34):
McClintock said, it's been one of the longest prosecutions in
some time and they're always hard on everybody.
Speaker 3 (11:41):
You know.
Speaker 2 (11:42):
It was a tireless police investigation and a long and
complex and difficult prosecution and everyone did their absolute best
and I'm very proud of the case that was presented.
Speaker 1 (11:53):
Detective Senior Sergeant Chris Allen said they've been in touch
with Pauline Hannah's family.
Speaker 6 (11:58):
Rust all obviously disappointed with the with the outcome, and
you know that's probably a metaphor for them to talk
to if they want to. They just want to sort of,
you know, move on with your life, I think, and
and sort of get on all things. That's the type
of you know, down to earth sort of you know.
Speaker 5 (12:16):
People that they are.
Speaker 1 (12:17):
Then Philip Polkinghorn left court, flanked by Ron Mansfield, his
sister Ruth Son Taine, as well as lawyers Harrison Smith
and Hannah Stewart. Our colleague Michael Morra was.
Speaker 6 (12:29):
There, Philip, your thoughts on sentencing today? Did you feel
that was a fierce sentence? One hundred and fifty hours
community work.
Speaker 3 (12:38):
We're happy with it.
Speaker 4 (12:39):
Thank you.
Speaker 6 (12:40):
Yeah, yeah, what what do you so.
Speaker 4 (12:43):
In the lifetime of community work by this man? So
another one hundred and fifty hours won't do any harm?
Speaker 6 (12:49):
What will be what will be done for the one
hundred and fifty hours? What sort of work? We'll wait
and see any satisfied ron in a long trial that
this is all done and dusted now, Thanks guys, Thank.
Speaker 1 (13:05):
You and zad Harold. Investigative reporter Carolyn mcgnee has covered
this story since twenty twenty one. She joins US Now
to discuss the revelations made after the trial, the women,
the will, the math, and an exclusive club. Caro, since
(13:32):
the trial, you've been in contact with a certain woman
who didn't appear at the trial but certainly made an impact.
That's Sydney sex worker Madison Ashton. First off, what's she
said about the not guilty verdict?
Speaker 3 (13:47):
Madison Ashton, who was Philip Polkinhorn's former mistress, was absolutely
shaken by the verdict because I rang her immediately after
the jury had made their decision and she said, I'm
so shocked, I'm shaking. My whole body is shaking. And
then I later asked her if you actually gave evidence
at the trial, would it have made a difference? And
(14:09):
she said probably not. During the trial, Medicine and I
were in contact while she was traveling overseas to Lisbon, Sicily,
London and Croatia. So when I asked her that question
about whether she thinks she could have made a difference,
she said no, probably not, because her anger was not
directed at anyone else but the police. She believed that
(14:29):
they watched the entire investigation and she felt that if
she was to go on the stand, it would have
made no difference at all and she would have been
probably decimated by the defense council.
Speaker 1 (14:41):
So you mentioned she actually fled to Europe during the
trial and she was of course meant to take the
stand for the crown, And you mentioned that she didn't
really have any regrets about it. Was she keeping in
contact with the trial while she was overseas or just
really enjoying herself.
Speaker 3 (14:57):
Well, Madison Ashton had went overseas partially because she was
very concerned about the direction of how the trial was going,
and so she was turning fifty, so she decided to
shelter solf a trip to Europe. But she did tell
me she was mainlining on the trial. She could not
get enough to the point where she stayed up all
night because of our time difference, purely because she wanted
(15:20):
to find out what was happening.
Speaker 1 (15:22):
We learned a lot about Ashton and Polkinghorn's relationship during
the trial, but what more of you learned from the
woman herself about their relationship.
Speaker 3 (15:32):
Well, the thing is through this whole investigation, and it
really has been, Chelsea, because I've lived and breathed this
since twenty twenty one, and so gradually, as you talk
to people into friends of Pauline Hannah's family members, other
sex workers, Polkinghorn himself, you paint a picture of all
the sort of elements and how they all connect to
(15:54):
the digsal puzzle that isn't Ashton was initially very hostile
towards me at that point. She claims she believed in
Polkinghorn's innocence. She had no idea that he was actually
still married to Pauline Hannah till the sex trist she
had with Philip Pokinghorn at Mount Cook about six weeks
after Pauline Hannah's death. And I guess with Madison Ashton,
(16:16):
I didn't know just the level or their status of
their relationship. So from what I understand was from twenty
eleven Pauline Hannah and Philip Pokinghorn they engaged in a
booking with Madison Ashton and three other sex workers. So
it was purely, as Ashton tells me, from twenty eleven
(16:36):
to probably twenty seventeen, it was purely transactional between her
and Polkinghorn. Then from a bart twenty seventeen to a
Bart twenty twenty one up to the present day. It's
my understanding that and also Ashton's, that Pockinghorn was actually
beginning to fall in love with her. It was becoming
really obsessed, and he would make trips to Sydney. He
(16:58):
bought a lease for an apartment for her to live
in for two years, so they were building a relationship together.
Around about twenty nineteen, as we'd heard in the trial,
Pockinghorn was acting quite erratically at work. Also, the relationship
with Pauline was clearly at a turning point. He went
to Sydney that year and spent it with Ashton in
(17:19):
her apartment. Pauline and the rest of the family were
at rings speech and Pokinghorn told Pauline that he was
going away on a men's treat Well, clearly that wasn't
the case. What Ashton told me in twenty nineteen was
Polkinghorn had told her that he was about to divorce Pauline,
but that never eventuated.
Speaker 1 (17:39):
And it's not only Madison Ashton who you've spoken to, hey,
when it comes to sex workers.
Speaker 3 (17:44):
I managed to find one woman, Aubrey Black, that's her
working name, and only wants to be known as Aubrey Black.
And she was interestingly a New Zealander born in New
Zealand and Gisbon of all places, to a family of Mormons,
so obviously very religious. Aubrey then got into sex work
in Australia and is an international porn star. Polkinghorn contacted
(18:08):
Aubrey a couple of months after Pauline's death. I think
he went through the Scarlet Blue agency where she works
and made a booking with her. So she came up
to New Zealand. They met at the Sky City and
Black says they never had sex that night, but Pokinghorn
had told her that Pauline Hannah had killed herself. So
they talked and he sobbed and he said that you know,
(18:28):
she was very stressed and depressed and relied on a
lot of medications and was unraveling basically before her death.
Also that her mother had previously died. When he arrived,
he brought a green handbag, one of Pauline Hannah's, filled
with a bottle of prosecco and some fetter cheese, and
Black said it was the most disgusting thing. They met
a second time and they had sex, but it was
(18:51):
interesting because Pokinghorn wanted to offer Black the use of
Pauline Hannah's car and also her handbags and designer shoes,
and also to fix her teeth. There was nothing wrong
with her teeth, but he said that I'll repair for
your teeth, and it was a very bizarre thing. So
she thought that was quite dodgy. It wasn't until she
went back to Australia she found out that he was
(19:13):
later being investigated for the death of Pauline Hannah. The
second sex worker that I spoke to that The Herald
has chosen not to name, spent a lot of time
with Philip Pokinghorn during the lockdown in twenty twenty. They
had sex in Pokinghorn and Hannah's house the first time,
and he basically would call her all the time. He
(19:35):
became quite obsessive with her, and basically she was due
to leave to go back to Australia, but of course
lockdown happened, and then he said, well, look you can
come and stay with me at my rings speech holiday
hus So she did that. But during that time, the
woman who we called Nicole said that she just felt
like she described herself as the lockdown wife and basically
(19:58):
the relationship, she claims was purely transactional. But Polkinghorn wanted
sex regularly without having to pay her. He bought her
a computer. He basically was fixated by her as well.
And the funny thing about all of these sex workers,
and you know the photographs that I've seen, is they
a younger Well, in fact ure Black said, we're younger
(20:21):
versions of Pauline Hannah. Philip Pokinghorn has a prototype. Madison
Ashton says that she was Pauline Hannah two point zero.
They all had big hair, brunette hair, petite, but with
big breasts, so they all were similar versions of Pauline.
Speaker 1 (20:36):
I remember actually early on you spoke to Polkinghorn right
after Pauline's death, but actually before he was charged. Right
how bizarre was that conversation with him. It was over
the phone, wasn't it.
Speaker 3 (20:50):
I was asked by one of the editors, actually Hamish Fletcher,
to make a phone call or to do what we
call a door knock that day, I remember it clearly.
It was so I was just emailed a potential cell
phone number for Philip Pokinghorn. But it was Friday morning
and it was really raining, hard, horrible morning, and I thought, look,
you know, the chances are I'm not quite sure what
(21:12):
the situation is, but I'll just give it a shot.
And so I rang him and it was the most
bizarre conversation I've ever ever had. Firstly, it began, you know,
obviously I introduced myself. Philip Pokinghorn told me that his
lawyers had advised him not to speak to the media.
But then he started talking about how much he missed
her and that this whole thing was just horrible. Horrible,
(21:34):
horrible were his words. It got even more bizarre because
near the middle of the conversation I sort of said, so,
you know, how would you describe relationship? Was it fine?
And the most unusual words, which you know, was used
as evidence in court, was like it wasn't fine. It
wasn't fine at all. It was perfect or something along
those words, which to me, no relationship is in my experience,
(21:56):
and I'm sure in yours and everybody else we're all human, right,
relationship is ever perfect. And of course the trial revealed
there were so many flaws in Pauline Hannah and Philip
Polkinghorn's relationship as there are in any relationship or marriage.
Speaker 1 (22:11):
And do we know anything about Polkinghorn's life after the trial,
because we spent a lot of time talking about him
and listening about the intricacies of his relationships and his
life over a nine week period, and not so much afterwards.
Do we know anything?
Speaker 3 (22:28):
I was very sort of determined to find out more, Chelsea,
because you know, as I said earlier, it's been a
case that's probably taken over my life for three years,
and it's also been such a highly publicized, controversial criminal case,
so it's had the whole nation obsessed by it. So
I thought, well, there must be more. So one of
(22:48):
our journalists, Steve Brounius, wrote on the day of the
verdict that Polkinghorn and his sister Ruth went straight across
the road to the Auckland Northern Club, which I thought
was rather odd because given the high level of interest
in this case, I found that interesting. So I decided
to actually make some inquiries into the Northern Club because
there is a rule in the Northern Club, rule forty three.
(23:10):
They have a level of conduct that you have to
adhere to. Polkinghorn had pleaded guilty to methamphetamine charges, so
clearly that was a criminal act. But I thought, well
is this right and how would the other members feel
about that fact?
Speaker 1 (23:23):
It's quite an exclusive club as well?
Speaker 3 (23:25):
Well it is. It's they have over two thousand members.
It's generally for professionals or business you know, work in
the business community, and it's a networking thing and as
you say exclusive, it's a building that's associated with a
lot of rich history. I was very lucky in one
of the sources that I contacted who was very helpful
and had given me some names of people or members
(23:46):
that belonged to the club. And another Casey, who has
been remarkable as well. She's been very very sort of
utspoken about her anger that Polkinghorn has lowered the reputation
of the club and that if he came in he
would not be welcome, so little by little like it
was gathering evidence and information. The general consensus is people
(24:08):
some members wanted him out, So we just have to
wait and see what happens with the Northern Club. The
other thing that I have been focusing on was the
Northern Club. And also I managed to find out how
supplied Philip Polkinghorn with the fifty six grams of meth
and fhetamine which Polkinghorn paid fourteen thousand dollars for. And
(24:29):
that was quite enlightening.
Speaker 1 (24:31):
Because so did he have fifty six because there was
thirty seven point seven grams found at his time.
Speaker 3 (24:35):
Now, but this meth and phetamine was purchased around March
or April. So I'm not making any kind of connections here,
but that is what the meth dealer told me. So
that happened. And then the other thing is that it
was slightly mentioned in court but not touched upon greatly
except for the defense lawyer Ron Mansfield KC when he
(24:57):
was interviewing Bruce Hannah, applying that Bruce Hannah was interested
in Pauline Hannah's will. Well, that was not the case
because I also wrote a story a few weeks ago
that Pauline Hannah. They cannot find a will for Pauline Hannah.
So she had set up trusts and stuff with Philip Polkinghorn,
but there was still no evidence of a will. Which
the weird thing is is that Philip Polkinghorn Bruce Hannah
(25:19):
told me rang him the day out, straight after the
day of puling Handa's death, have you got her will?
Which he thought was outrageous because he said, well, why
would I have the will? How would I have her will?
So Bruce Hannah approached me to write a story about
somewhere in Auckland, in some law firm, Pauline Hannah's will
must be here somewhere. Thanks for joining us, Caro.
Speaker 1 (25:45):
You can listen to episodes of Accused the polking Horn
Trial through the front Page podcast feed or find it
on iHeartRadio or wherever you get your podcasts. This series
is presented and produced by me Chelsea Daniels, with producer
Ethan Sills and sound engineer Patty Fox. Additional reporting from
(26:05):
The Heralds Craig Capitan and George Block And for more
coverage of the Polkinghorn trial, head to enzid Herald dot
co dot enz
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