Episode Transcript
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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 Accused the Polkinghorn trial. Over a series of weeks.
In conjunction with our usual daily episodes, we'll be bringing
you regular coverage as one of the most high profile
trials of the year makes its way through the High
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Court at Auckland. A warning, this podcast contains disturbing content.
After seven weeks and over eighty witnesses, we have finished
hearing evidence in the trial of Philip Polkinghorn. The former
Auckland io surgeon, is accused of murdering his wife, Pauline Hannah,
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who was found dead on April fifth, twenty twenty one.
He maintains she took her own life. In the final
days of testimony, the debate over activity on Hannah's phone
continued before the last two witnesses to take the stand
offered their views on the state of her mental health
and the risk factors that could have pushed her towards suicide.
(01:19):
Day thirty of the trials saw police digital forensic analyst
June Lee return for further across examination. Lee was called
as the Crown's last witness on Day twenty one, some
weeks ago, to discuss the use of palling Hannah's phone
in the hours before her death. He returned to the
High Court at Auckland in week seven to continue his
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cross examination after the defense's IT expert at a can
at Shaho, testified on the Crown's version of events. You'll
remember that data pulled from Pauline Hannah's phone appears to
show that she looked up two contacts in her phone
around four am on the morning of her death. Those
contacts were Polkinghorn and the daughter of a family friend.
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The defense argument is that Hannah would have at least
selected the contacts from within the messaging app, and possibly
also drafted and then deleted messages to them. The police
digital forensic analyst June Lee has previously testified that the
defense has misinterpreted an automatic security look up procedure to
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suggest the phone's messaging app was used. In fact, it
was an automatic background security process. We know that, Lee said,
because there are no corresponding device logs showing the phone
being moved or switched on. As Mansfield continued his cross
examination of Lee, they discussed other factors, including the use
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of airplane mode and how police accessed Hannah's phone. Lee
discussed how a program called gray Key was used, in
his words, to brute force entry into Hannah's phone and
extract its data, which was then analyzed by the program
Celebrate gray Key and Celebright record time differently, which has
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led to some discrepancies between the logs for both programs.
The crux of the discussion revolved around the two interpretations
of the phone's data, and neither Lee or Mansfield budged
from their position at the end of hours of cross
examination spread across several days in this trial, Lee's position
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remains that the activity at four a m was the
Identitied look up service and not Hannah using the phone
herself at acan. Shaho then returned to the stand to
discuss Lee's testimony. When he returned via video link to
the court, Mansfield made a point of reiterating his witness's
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expertise when it comes to Apple products. Chaho is a
registered Apple developer and has been using iOS eighteen software,
which is not currently available to the public, since June.
He therefore has more expertise on analyzing iPhones than Lee,
in the defense's view. Discussing the data logs for Hannah's phone,
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Shahos said the last entry for April fourth was ten
forty seven pm and there are no device entries until
April eight, which he said is quite peculiar. Mansfield then
referred to a booklet of police photos showing Hannah's phone
with its leather case open and the screen on about
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five pm on April fifth. The phone waking up and
receiving text messages, as the photos show it had done,
was not recorded in the data logs. Chaho said that
this perplexes him because if the device logs are correct,
then they should show entries from April fifth. There should
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also be other logs before April eight, if the records
are correct, he said, so he believes there's missing data
between those dates. Shaho said that when you access a
phone using a computer program like Celebride, things can happen
to the data. Under cross examination from Crown Prosecutor Alicia McClintock,
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Shaho said that, asides from working with Australian Federal Police
on removing sex crime material from devices, he's never worked
directly for a law enforcement organization. Asked on his views
that Hannah accessed her phone at four am on April fifth.
McClintock said that Shaho can't say for sure who would
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have been using it. He said, to his information, only
Hannah had access to her password and phone. McClintock said
that Polkinghorn had told a friend he had accessed his
wife's pass code at one point in time. Asked if
he had seen the raw data analyzed by police, Shaho
said the Celebrate report contained the raw data. The Crown
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argued that those two elements are separate, and Shaho said
he has not looked at the raw data separately from
the report. The next witness for the defense is doctor
David Menx, a Yale trained psychiatrist who now lives in Raglan.
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Due to the lengthy it testimony, Menx took the witness
box late in the day on Thursday, and his testimony
carried into day thirty one. He said Hannah had several
risk factors for suicide on the night before her death.
Continuing from earlier testimony, defense lawyer Ron Mansfield questioned him
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on whether the combination of Zoppa clone and alcohol helps
with getting to sleep definitely, mens said. He said tolerance
to alcohol could cause the person to wake after getting
to sleep because alcohol clears from the body quickly. He added,
with chronic use, there's the possibility of going into withdrawal
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symptoms during the night, including nervousness and agitation on waking.
Asked about the presentation of suicide risk, Manx explained there
is no typical presentation of suicide risk. In fact, suicidal
behavior and risk varies enormously between people. When Crown Solicitor
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Alicia McClintock started her cross examination, she asked Manx to
confirm that he couldn't be sure the combination of potential
risk factors was present for Hannah on the night of
April fourth, twenty twenty one. He acknowledged he could not
do this. She questioned Manx on the bereavement of Hannah's
mother in February twenty twenty one. He agreed not much
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weight should be put onto the event because it was
two months prior to Hannah's death. It was also an
expected event following a long and difficult illness. McClintock pointed
out there was evidence from people who knew Hannah that
she was sad but philosophical about her mother's death. However,
Menx pointed out Hannah had been very connected to her
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mother and had expressed thoughts of ending her life to
a GP on December twenty third, twenty nineteen. The thoughts
were connected to her mother's deteriorating condition. We've heard earlier
in the trial Hannah called her GP and expressed suicidal
thoughts because her husband had left her and her mother
was in hospital. It later emerged in evidence Polkinghorn said
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he was on a course but in fact had flown
to Sydney. He was meant to attend family Christmas at
their Rings Beach batch in the Coromandel. Mens was not
able to say how much these events added to Hannah's
suicide risk profile. He also confirmed there was no medical
evidence confirming Hannah had attempted to take her own life
(09:04):
in nineteen ninety two. As her sister Tracy earlier testified,
questioning moved on to Hannah's prescription drug use. Hannah was
prescribed an amphetamine diet drug phenamine, also known as juramine.
Several witnesses have questioned the practice of long term prescribing
of the drug. One of the side effects is depression.
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Menx agreed with McClintock the risk of depression was more
likely when a person starts to take the drug. He
confirmed evidence showed that Zoppa clone was prescribed to Polkinghorn,
not Hannah. He commented it was discouraged for practitioners to
self prescribe or prescribed to family members. McClintock asked Menx
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if he saw any evidence of impulsivity or disinhibition in
Hannah's behavior before her death. Not so much at the
behavior of level, he said. The more striking aspect to
her case was how her speech would sometimes get loosened
up when she was drinking. More than one witness commented,
Hannah talked more freely when she had been drinking. Wouldn't
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the same be true for most of us, McClintock asked absolutely.
Menx replied. He confirmed there was enough Zoppa clone found
in the couple's Upland Road home that it could have
been a lethal dose if taken all at once. Mens
said that the major risk factor he saw in the
days before Hannah's death was her disrupted sleep pattern, with
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the trial having heard earlier she was sending emails at
all hours of the night. McClintock said that the trial
has also heard Polkinghorn was sending emails late at night.
Do we also take that into account in assessing Polkinghorn's
risk factors for violence? She asked. Mens said that is
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not something he looked at. He said methanphetamine and prior
instances of intimate partner violence would be risk factors for violence.
Returning for questions in reply, Mansfield asked about suicide risk
and if we look at an individual or a combination
of factors, Menx said it's a frustrating challenge and a
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person's vulnerability to the risk factors depend on context, mood,
and circumstances at the time. The trial has heard a
lot from different friends and work colleagues about Hannah's behavior
in the weeks and months before her death, Menx said
it's difficult to say if any of them would have
been able to identify those risks. For coverage of other
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news events in New Zealand, listen to the front page
The Herald's daily news podcast wherever you get your podcasts.
After a brief statement was read to the court from
Joanne Ung, an accountant with the RSM, to clarify an
issue with accounting evidence raised earlier in the trial, the
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defense then called the final witness of the trial. Associate
Professor Sarah Hettrick is an academic at the University of
Auckland and is also the principal Clinical advisor at the
Suicide Prevention Office. Under questioning from defense lawyer Ron Mansfield,
Hetrick said it's a myth that well presenting, high performing
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Type A personalities are immune from suicide. She said, there's
no combination of risk factors enabling someone to say who
might commit suicide. Even when directly asked, two thirds to
three quarters of people who subsequently go on to take
their own lives have denied feeling suicidal. We have no
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ability to predict suicide. The science is very clear around that,
Hetrick said. Even suicidal thinking is not something that can
be used to predict the risk of suicide. She added,
and there's no need for a diagnosed mental illness for
someone to commit suicide. Something like forty to fifty percent
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of people who commit suicide in this country have had
no contact with mental health services, she said. And while
a person's loved ones would like there to be a note,
Hettrick said, only a quarter of people leave a note,
and they often don't contain any explanation. Asked about people's
reactions to traumatic events. Hettrick said people can present in
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a composed way even when they're feeling overwhelmed with grief,
and that can impact how we recall events as well.
That concludes all the witness testimony from the Crown and
the defense. Over eighty people have appeared in the witness
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box via video link or had statements read out to
the jury. Over the last seven weeks, We've heard from
police officers who arrived at the Upland Road scene of
Hannah's death on April fifth, twenty twenty one, and forensic
specialists who became involved in various stages of the police investigation.
We've heard about Polkinghorn's increasing use of meth and sex workers,
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tensions at his workplace, his disappearance from Christmas twenty nineteen,
and conflicting views on how he treated his wife. We've
also heard about Hannah's work stresses during the COVID pandemic
at a time when her mother was slowly dying. We've
heard about her reliance on medication and alcohol and an
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alleged suicide attempt in nineteen ninety two, and the more
recent history concerning her mental health. Her brother testified for
the Crown, while her sister was the first witness for
the defense. Both the Crown and defense called family, friends, colleagues, neighbors.
Those Crown witnesses tended to have suspicions about Polkinghorn's absence
(15:06):
from family events, his weight loss, his work stresses, and
his treatment of Hannah, while feeling she was coping well
despite the problems in her life. While the defense witnesses
hadn't noticed any changes in Polky, that he was still
his usual funny, intelligent, giving work focused self, but at
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the same time noticed that Hannah seemed to be struggling.
Forensic accountants have looked through the couple's finances. IT experts
have analyzed their technology, Mental health and drug experts have
weighed in. Electricity experts have debated what time the kettle
was turned on. Philip Polkinghorn himself never took the stand,
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but we heard his voice twice, once on day one
when his one one one call was played to the courtroom,
and again when his lengthy hours long police interview was shown.
And Pauline Hannah was heard in her own words, recorded
at her family farm, talking at length about the problems
in her life, while emails and text messages gave the
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court insight into her state of mind over the last
few years of her life. Week eight will see the
Crown and Defense deliver their closing addresses before Justice Graham
lang sums up the case. Then it will be up
to the jury to determine if Philip Pulkinghorn is guilty
or not guilty. You can listen to episodes of Accused
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the Polkinghorn 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
production support by Helen King. Additional reporting from The heralds
(17:03):
Craig Captain and George Block And for more coverage of
the Polkinghorn trial had to ensid Herald dot co dot
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