Philip Polkinghorne. Photo: RNZ/Nick Monro
The jury in the trial of a former Auckland eye surgeon accused of killing his wife is expected to begin its deliberations in the High Court at Auckland shortly.
Philip Polkinghorne is charged with murdering his wife, Pauline Hanna, three years ago and staging it as suicide. He had previously pleaded guilty to methamphetamine charges.
Defence lawyer Ron Mansfield KC said Hanna committed suicide, and that Polkinghorne was wrongly blamed the villain.
In court on Wednesday, Justice Graham Lang issued a warning to the packed public gallery against not taking photos with phones in the courtroon.
The jury of 11 was then welcomed back and Mansfield resumed his closing address, beginning by telling the jury they had not heard any reasonable explanation for Pauline Hanna's death, other than suicide.
"The onus and burden is on the Crown to prove a murder beyond reasonable doubt, and here you have four pathologists providing you with a reasonable explanation other than murder - that of suicide by hanging."
Mansfield said the jury should not let details of Polkinghorne's drug use and sexual habits overshadow his positive traits.
"There's quite a bit of evidence about his interest in porn and his interest in sex, and his participation in taking methamphetamine," said Mansfield.
"And if you're not careful, that can cloud all of the positive traits about this man that you have also heard. It can take over and consume you. It can intoxicate as I suggest, the finding of that material intoxicated the police - it led them away from being objective anymore, it led them to a passion to try to find evidence of a crime that hadn't been committed."
Ron Mansfield representing Philip Polkinghorne at day 1 of the trial for the murder of Polkinghorne's wife at the High Court at Auckland. Photo: RNZ/Nick Monro
He described Polkinghorne as a doctor who cared for his patients.
"His patients thought the world of him," said Mansfield.
"He would waive surgeon fees for those who couldn't afford it. How many specialists, let alone how many medical practitioners, let alone how many professional or working folk, like we all are, could do that and would do that?" Mansfield asked. "It tells you a great deal."
Mansfield encouraged the jury to put themselves in Polkinghorne's shoes, having internet searches and phone messages displayed in the public forum.
"I don't know one person in this room that doesn't have a negative side to them," he said.
"None of us are perfect, as I said when I open to you, and it's very easy to look for the perfect person in our world and to convict anyone that doesn't live up to that standard - there is no such person."
The jury heard from the defence that a cold-blooded killer could not have conducted themselves as Polkinghorne did after the death of his wife.
Mansfield assured the jury that Polkinghorne and Pauline Hanna loved each other.
"He loved this woman, and that might be hard for us to understand how he might love her and do that - I get that - but he still loved her as she loved him.
"They were each other's bricks, and they had been together for a long time."
Justice Lang will sum up the case for jurors before the jury begins its deliberations, possibly on Wednesday afternoon.
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