Polkinghorne case: The former eye surgeon’s defence
Philip Polkinghorne’s lawyer called two pathologists who believe the circumstances of Pauline Hanna’s death suggest she committed suicide. Video / Corey Fleming
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Philip Polkinghorne’s lawyer called two pathologists who believe the circumstances of Pauline Hanna’s death suggest she committed suicide. Video / Corey Fleming
NOW PLAYING • Polkinghorne case: The former eye surgeon’s defence
Philip Polkinghorne’s lawyer called two pathologists who believe the circumstances of Pauline Hanna’s death suggest she committed suicide. Video / Corey Fleming
WARNING: DISTRESSING CONTENT
Whether Pauline Hanna’s phone was used to draft two early morning messages on the day of her death will continue to be scrutinised at her husband’s murder trial today.
Philip Polkinghorne is accused of having strangled his wife inside their Remuera home before staging the scene on April 5, 2021, to look like a suicide. The Crown’s circumstantial case has relied on evidence about the defendant’s methamphetamine use, his significant spending on sex workers, an alleged “double life” with Sydney escort Madison Ashton and witness accounts of a prior strangulation outcry by Hanna.
The defence, meanwhile, has spent the past two weeks focused largely on Hanna’s mental health, including evidence of her work stress, a 2019 call to her doctor reporting suicidal ideation, an alleged self-harm outcry to her sister in the 1990s and the “cocktail” of drugs she was taking for sleeping, weight loss and depression.
The trial, originally scheduled for six weeks, is now in its seventh week - with an eighth week now inevitable, according to Justice Graham Lang, and the strong possibility of a ninth.
STORY CONTINUES AFTER BLOG
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11 September, 09:06 pm
Polkinghorne trial - September 12
Warning: Some readers might find the contents of this live blog distressing.
KEY POINTS:
Retired eye surgeon Philip Polkinghorne has pleaded not guilty to murdering wife Pauline Hanna at Easter 2021.
The Crown alleges Polkinghorne, 71, strangled his wife and staged her death to look like a suicide at their Remuera home. The defence says there is no evidence of a homicide.
Herald reporter George Block is filing live from the Auckland High Court. Follow our live updates below.
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12 September, 05:07 am
Trial adjourns for the day
Justice Graham Lang has called it there for the day.
Academic psychiatrist David Benjamin Menkes will continue giving evidence tomorrow at 10am.
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12 September, 05:06 am
Hanna had 'whole array' of suicide risk factors the night of her death – defence psychiatrist
Academic psychiatrist David Benjamin Menkes says it looks like Hanna was having the sleeping aid Zopiclone regularly in the six months before her death, which is "really significant".
He says Zopiclone is prescription-only for a good reason, because it's habit-forming and has a number of possible negative effects, including depression, and a strong interaction with alcohol. People who drink and take Zopiclone are generally more intoxicated than they would be with either Zopiclone or alcohol alone.
Menkes says her GP didn't know about this, and the Zopiclone wasn't supplied by the GP, which conferred a "significant risk of harm".
Mansfield asks what he means by Zopiclone's disinhibiting effect.
Menkes says it refers to behaviour that's normally kept under control or under wraps. That can be positive, like friendliness, or very much the other way in terms of irritation or aggression.
We see that most commonly in this country when people have too much alcohol at the pub, with loud voices and alcohol, he says.
"And sometimes fisticuffs will follow."
What about the impact of a number of nights of poor disrupted sleep, and the drugs and the alcohol? Mansfield asks.
Menkes says the combination would have increased the risk, but whether they had that effect is not possible to say.
As risk factors they would be additive, or even more than additive, he says.
Menkes says the other complicating factor was the fluoxetine, which for some people can increase alcohol intoxication.
"It's like another wildcard in the system," Menkes says.
"It's a whole array of different risk factors which were in combination."
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12 September, 04:59 am
Risk factors in Hanna's personality as well as sleep patterns
What about sleep deprivation, does that create a risk factor when it comes to depression, anxiety and suicide? asks defence lawyer Ron Mansfield.
Academic psychiatrist David Benjamin Menkes says that absolutely, disturbed sleep is both a symptom of those disorders as well as being an aggravating factor in making them worse.
"It's like a vicious circle," says Menkes.
A particular link has been found with suicidal thinking being increased with seriously disturbed sleep, even just for one night.
In the week before her death, her sleep pattern was very disrupted, which would have contributed to her mood, says Menkes.
What about the loss of someone close to her, does that create a greater risk of suicide? Mansfield asks.
It can do, but not always, and less so when the death is anticipated, says Menkes.
He says her mother died a couple of months before Hanna's death and the death was not unexpected, given her mother had advanced dementia.
"Nonetheless, it's a big event to lose a parent," Menkes says, and the effect on the individual will vary.
Mansfield refers to evidence from her sister Tracey Hanna recounting Pauline describing having attempted suicide in the early 1990s, a disclosure the prosecution says is not supported by medical records or other witneses.
We don't know whether she made an attempt or was just conveying that she was very, very distressed about the loss of her father, says Menkes.
Menkes says the loss of her mother, combined with all the other issues, would be best interpreted as a "combination of risk factors that coincided".
Do we need to include her sensitivity about her weight and appearance with the other risk factors? asks Mansfield.
People with perfectionistic personalities are especially sensitive to embarrassment or humiliation, says Menkes.
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12 September, 04:51 am
'Particularly striking' contrast between Hanna's public and private perceptions – psychiatrist
Defence lawyer Ron Mansfield asks if stressors in relationships are a factor that can lead to a higher risk of suicide?
Yes, says academic psychiatrist David Benjamin Menkes, also agreeing work stressors are another factor.
"She certainly had plenty of work stress," working long hours, says Menkes. He qualifies that by referring to reports from colleagues she was coping and doing a good job.
People that suffer from depression and anxiety, can they always be expected to disclose that to people they work with? Mansfield asks.
No, and Menkes says this is a clear example of the different sides of that coin. There's plenty of evidence Hanna was performing to a high level and, outwardly, that seemed to be all good. But to several individuals close to her, she also disclosed the fact she was struggling and at one stage felt bullied, burned out and stressed in the workplace, and was having doubts about her performance.
"A real contrast between the public and the private perceptions," he says.
"In her case it was particularly striking."
Menkes says the thoughts of suicide would have been variable over time, and not present all that often. But they occurred repeatedly, he says.
Menkes says he doesn't believe Hanna had a serious depressive illness per se, which would be associated with a dishevelled appearance and a loss of function. But you don't need one to attempt suicide, Menkes confirms.
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12 September, 04:44 am
During this evidence, Polkinghorne has his head in both of his hands and is looking down at the bench where he is sitting.
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12 September, 04:43 am
Hanna had not seen a GP in more than two years
Academic psychiatrist David Benjamin Menkes says Naltrexone is meant to reduce the craving for alcohol.
Antabuse is an aversive medication, when people are trying to quit altogether, Menkes explains.
In 2013, a doctor recorded Hanna reported she had been drinking a bottle of wine a night for the previous 10 years, and had experienced repeated blackouts.
Menkes says the combination of factors were fairly convincing evidence for an "alcohol use disorder, with dependence" – i.e. alcoholism, when people have a hard time stopping, and drink most days.
With Naltrexone, she was able to reduce her drinking and was pleased about that. But in 2013, a doctor found controlled drinking wasn't working, so prescribed Antabuse.
There's another note about her drinking in March 2019, saying it was above the recommended limit and was of clinical concern.
Around Christmas 2019, Hanna phoned her GP crying, saying her mother was in hospital and her husband had left her, and she was having suicidal thoughts.
Mansfield asks if Menkes is aware of crisis team reports in which Hanna said over the phone she had considered driving into an oncoming truck. He was, and confirms there was no follow-up from her medical practitioner, checking she had gone to a psychologist.
The last time her GP had seen her in person was January 2019. She did not see a GP again in the 26 months leading up to her death.
Given the continued requests for scripts for the medications discussed, what can you say about the follow-up care?
"Well, it seems like there wasn't enough of it, given the problems that she had," Menkes says.
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12 September, 04:34 am
Academic psychiatrist David Benjamin Menkes is now moving on to the other drug Hanna was taking, with the trade name Antabuse, says Mansfield.
Menkes says that was only prescribed twice, in 2013 and 2014.
That was in relation to the treatment of alcohol abuse, Menkes confirms.
A doctor had made the decision to move her from Naltrexone to Antabuse because controlled drinking was no longer the goal, and she was recommended to attempt abstinence from alcohol.
In 2004, a dose of Prozac was increased from 20mg per day to 40mg per day, Menkes confirms, for several years, before it came back down to 20mg.
In 2004, there's a record saying "severe depression, lots of relationship strife".
In 2011, the dose was reduced to 20mg per day, the trial hears.
Other than the referral in 2019 to the crisis team made by her GP after Hanna expressed suicidal thoughts, there's no record of her seeing any other outside psychiatrist or counsellor about her apparent suicidality?
Menkes says as far as he's aware, that's correct.
Back to Duromine/phentermine. Records show a continuing concern about her weight from 2001, Menkes says.
Was she ever referred to anyone to assist her with her views regarding her weight? asks Mansfield.
Menkes isn't aware. Her weight varied between 60kg and 70kg, within the normal range, says Menkes.
Was she always weighed from the medical notes you saw?
No, says Menkes, but his understanding is she had always been of normal weight.
On April 29, 2013, there's a reference from a psychiatrist recommending she receive counselling due to her use of phentermine, but there's no evidence of that happening, the trial hears.
The indications for prescribing phentermine were "pretty thin", Menkes says.
If a patient continues asking for it despite no therapeutic need, what should be the response? asks Mansfield.
A plan should be made to discontinue the drug with counselling support, the witness says.
Menkes says her interest in maintaining a healthy weight, just like her dress sense and self care, were all pointing in the direction of her being concerned about her appearance. Her use of weight-loss medication was helping with that.
Menkes adds she would have stayed on Duromine/phentermine because she would have developed a tolerance and would have had withdrawals if she stopped taking it.
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12 September, 04:24 am
Psychiatrist discusses Hanna's history with prescription medication
Academic psychiatrist David Benjamin Menkes has produced a report for the court, including a summary of Hanna's medical history.
From October 24, 2001, to the date of her death, Menkes identified medications she was prescribed.
He talks about Prozac, full name fluoxetine hydrochloride – Hanna had 67 scripts for that over 20 years, taking it consistently over that period.
Fluoxetine is one of the SSRI anti-depressants, or Selective Serotonin Reuptake Inhibitors. It's been around since the late 1980s as the prototype SSRIs. It's reasonably well-tolerated and moderately effective for both depression and anxiety, Menkes says.
Hanna was referred several times to a psychiatrist, but only ended up seeing one three times in 2013. She had been referred before that, but there's no record of her attending, Menkes says.
If someone is receiving Prozac, should a psychiatrist be involved? asks Mansfield.
It depends on the patient, says Menkes. Sometimes one is required but sometimes a patient is fine with primary care.
On to phentermine, which Hanna also took. It's an appetite suppressant. Hanna received 55 scripts of that medication, starting at the end of 2010.
It's a restricted medication with significant side effects and is subject to abuse. It is only to be used as part of a weight management programme for people who are seriously overweight, which she wasn't, and for a maximum of three months, Menkes says.
Phentermine is an amphetamine, which are appetite suppressants but can keep people awake and produce a degree of mood instability, he says.
Menkes says people might find they get a bit grumpier in response to irritation and frustration. But equally, amphetamines can make people seem positive and full of energy.
"They make people feel good, at least in the short term."
How do Prozac and Duromine (the brand name for phentermine) interact? asks Mansfield.
Menkes says he doesn't believe there's a fixed or established pattern for their interaction. It's also not uncommon to take them together, he says.
Would a depressed and anxious person taking Prozac and duromine together have any adverse effects? asks Mansfield.
Menkes says a lift in mood might not last very long. People might also be more likely to become anxious and agitated when they're on amphetamines, Menkes says.
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12 September, 04:11 am
Defence calls new witness
Defence lawyer Ron Mansfield has called David Benjamin Menkes.
He's been waiting to give evidence since Friday and Mansfield apologises for the inconvenience.
As with all expert witnesses, Mansfield is producing his CV, and will go through it.
Menkes is a middle-aged man with an American accent, wearing a black velvety coat.
He's an academic psychiatrist, living in Raglan.
Menkes graduated from the Yale School of Medicine in 1982.
He's maintained a long interest in drugs and their mechanism of action, having completed a PhD in pharmacology at Yale.
Since 1989, he's worked as a consultant psychiatrist in the UK and New Zealand.
Menkes has a professional interest in anti-depressants, anti-psychotics and hypno-sedatives, i.e. anti-anxiety and sleeping drugs.
He's published over 160 peer-reviewed scientific papers, the jury hears.
He's participated in government advisory committees with Medsafe and Pharmac.
His expertise relates to the adverse affects of drugs and their interactions with each other and with alcohol, he confirms.
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12 September, 04:04 am
Defence IT expert Atakan “Artie” Shahho was asked what the difference is between the data you'd get from Cellebrite versus the raw data.
"When you break a phone open, you lose data," Shahho says.
The court earlier heard that Cellebrite and GrayKey, another tool used to get into and extract data from phones, can cause the loss of data in parts of the phone.
STORY CONTINUES
Police forensic digital analyst Jun Lee will return for yet more cross examination from Ron Mansfield KC this morning.
He made an encore trip to the witness box yesterday, picking up largely where he left off when called as a Crown witness, on what has turned out to be a narrow but lasting point of contention between the Crown and the defence: Did Pauline Hanna open her phone’s messaging app around 4am on the morning she was found dead?
The answer, Lee said with confidence as he spent several more hours giving evidence, was no. The defence, citing their own IT expert who has not finished testifying, adamantly disagreed.
Polkinghorne case: The former eye surgeon’s defence
Philip Polkinghorne’s lawyer called two pathologists who believe the circumstances of Pauline Hanna’s death suggest she committed suicide. Video / Corey Fleming
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NOW PLAYING • Polkinghorne case: The former eye surgeon’s defence
Philip Polkinghorne’s lawyer called two pathologists who believe the circumstances of Pauline Hanna’s death suggest she committed suicide. Video / Corey Fleming
A police examination of Hanna’s phone indicated it was put into sleep mode at 10.47pm on April 4 and not used again before authorities arrived at the couple’s home around 8am the following morning responding to Polkinghorne’s 111 call.
But Mansfield has said Hanna’s phone had logged two “identity lookup” interactions around 4am on the morning of her death. It was an indication, the lawyer suggested, that Hanna’s iPhone had been used at that time to draft two iMessage texts – one to her husband and another to the teen daughter of a friend. If that was the case, the messages were deleted before they were sent and their contents are unknown, jurors were told.
The defence has implied the supposed messages could have been aborted goodbye notes as Hanna contemplated suicide. If jurors decide the evidence is sufficient to conclude that Hanna was on the phone at 4am, it will also significantly reduce the timeframe for when she died.
Lee’s direct examination by prosecutors yesterday was largely an echo of his previous trip to the witness box but with more certainty. He told jurors he had double-checked the data on Hanna’s phone in the time since he last testified and is now more convinced than ever that the defence interpretation was flat wrong.
The phone would have logged separate entries had she picked up the phone and turned it on around that time, Lee said, reiterating that there were no such entries. He said the iMessage “identity lookup” log was something that happened in the background of the phone as a protection against phishing attempts, requiring no user interaction.
Listen in full: Covert recording of wife Pauline Hanna describing surgeon husband as 'sex fiend'
The recording made of Hanna by a relative when she visited their Hawkes Bay property, in which Hanna describes Polkinghorne as a 'sex fiend', was played to the jury in court.
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NOW PLAYING • Listen in full: Covert recording of wife Pauline Hanna describing surgeon husband as 'sex fiend'
The recording made of Hanna by a relative when she visited their Hawkes Bay property, in which Hanna describes Polkinghorne as a 'sex fiend', was played to the jury in court.
During two hours of cross-examination that followed, the defence attempted to set up a mutually exclusive scenario for jurors: either they’ll trust Lee’s assessment or believe the opposite assessment from defence witness Atakan Shahho, a longtime IT business operator from Australia who started giving evidence on Tuesday before returning overseas. He is expected to continue testifying, this time via audio-video feed, today.
“He’s going to tell us ... he doesn’t accept that it’s, as you say, background activity,” Mansfield told the Crown witness.
Lee pointed out that the same background activity was seen to run on the phone on April 8, three days after Hanna’s death - another indication, he said, that logs can be created without direct interaction. Mansfield suggested that would have been because the police were using Hanna’s phone at that time to extract data.
Lee’s evidence is expected to continue today. The judge decided to pause his testimony with an hour left in the day on Wednesday because another witness was waiting to testify via audio-video feed from Europe, where it was early in the morning.
Philip Polkinghorne describes finding wife dead and final night together
The eye surgeon was interviewed by Detective Ilona Walton on the morning he reported Pauline Hanna dead, April 5, 2021. Video/Pool
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Graham Norton makes surprise appearance at Auckland supermarket
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NOW PLAYING • Philip Polkinghorne describes finding wife dead and final night together
The eye surgeon was interviewed by Detective Ilona Walton on the morning he reported Pauline Hanna dead, April 5, 2021. Video/Pool
Yesterday’s hearing ended with Justice Graham telling jurors that he was going to allow one of them to be dismissed, reducing the group to eight women and three men. The juror had personal commitments that only came into play as it became evident the trial would extend overschedule into next week.
”The other issues you face in your life are much more important,” the judge said, expressing regret that carrying on without her was the most feasible result after having committed to her civic duty for six-and-a-half weeks.
It is currently expected that closing addresses will be completed and Justice Lang will sum up the case on Tuesday or Wednesday, after which deliberations will begin.
Craig Kapitan is an Auckland-based journalist covering courts and justice. He joined the Herald in 2021 and has reported on courts since 2002 in three newsrooms in the US and New Zealand.
