Elizabeth Hall: Criminal Defence Lawyer on the verdict of the Philip Polkinghorne trial

A criminal defence lawyer says the Polkinghorne trial is an example of the criminal justice system working.  

A jury has 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 —given at the High Court in Auckland yesterday— followed 10 hours of deliberations over two days. 

Criminal defence lawyer Elizabeth Hall told Mike Hosking what we’ve seen play out is justice working. 

She says both the Crown and defence have worked very hard, the verdict is what it is, and New Zealanders need to see that it's justice working.  

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Episode Transcript

Speaker 1 (00:00):
So not guilty. It is in the Polkinghrn case, the
jury comparatively took about three and a half minutes to
come to their conclusion. Eight weeks of witnesses and detail
come down to the simple fact that prosecution couldn't stitch
together enough evidence to get their side of the argument.
Across the line, criminal defense lawyer Liz Hall is with
us li's morning to.

Speaker 2 (00:15):
You, Good morning Mike.

Speaker 1 (00:17):
A level of interest from your perspective as a lawyer.
One you couldn't care less. Ten you were beside yourself.
Where did you sit?

Speaker 2 (00:24):
Oh about a one couldn't care less? Well, not couldn't
care less. I mean, it's an example of our criminal
justice working, and so that's encouraging to all defense lawyers.
But other than that, you know, there are trials going
on up and down the country that are important to
the people that are involved. This one just happened to
get more media coverage.

Speaker 1 (00:45):
I was sure I was going to like you anyway,
but I didn't know that answer was coming. I think
I'm the only other New Zealander who couldn't have given
the monkeys either way. I figure he either did it
or he didn't, or come to a conclusion, and that's
the judicial process. Was their fault to be found. Do
you think from the prosecution's point of view, they couldn't
get their side of the argument across given the link?
Not at all.

Speaker 2 (01:06):
The goal of the criminal justice system isn't to help
the crown get across the line. What the crown do
is they call the available evidence that they think will
establish guilt. The jury make the assessment of whether they
have called sufficient evidence or if the case leaves them
sure of guilt. That didn't happen in this case. So
it's just justice working.

Speaker 1 (01:26):
How much weight sure? How much weight would you have
put or do you think you would put on the
Ashton non appearance?

Speaker 2 (01:33):
Would they now come on, Mike. Everything that that woman
has to say was already before the jury. The only
thing that the jury missed out on was seeing what
outfit that woman water court. I think it's a total
red herring to start focusing on what she thinks she
might have added to the trial.

Speaker 1 (01:50):
What weight would you put on a good brief in
the form of Mansfield.

Speaker 2 (01:55):
Ron Mansfield's one of the best in the business.

Speaker 1 (01:57):
So if you hire well, you can go in feeling
more confident than if you don't hire will No Come
on now.

Speaker 2 (02:04):
Every criminal defense lawyer puts their heart and soul into
this business. If we were interested in anything other than justice,
we'd be doing conveyancing.

Speaker 1 (02:12):
Okay, in totality, what are your outtakes of this trial
that has allegedly gripped the nation?

Speaker 2 (02:20):
Well, I don't know that it has gripped the nation.
I think it's gripped those people who like click bait
on media. It's just justice working. That's all you've seen
play out. And as you know that both the crown
and the defense have worked very hard and the verdict
is what it is, and so may the Alanses need
to relax and see that that's justice working.

Speaker 1 (02:38):
Good on you, Elizabeth, appreciate it very much. Liz Hall,
criminal defense lawyer. Come on now for more from the
Mic Asking Breakfast.

Speaker 2 (02:46):
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