New Zealand / Court

Jury finds Philip Polkinghorne not guilty of murder

15:24 pm on 23 September 2024

Warning: This story discusses suicide.

A jury has found Philip Polkinghorne not guilty of murdering his wife Pauline Hanna in their Remuera home in April 2021.

Polkinghorne showed no emotion as the verdict was read out.

The verdict, read out by the foreman, was heard in silence in the courtroom.

Members of the Polkinghorne family were in tears in the public gallery, while the family of Pauline Hanna looked shocked by the verdict.

Polkinghorne and his lawyer remained in court to for Justice Lang to address a sentencing date for two charges of possessing methamphetamine and a pipe, which Polkinghorne pled guilty to before the start of the murder trial. He was remanded on bail for those charges, and scheduled to reappear in the High Court in early November.

After which, the jury was dismissed and Polkinghorne and his family were rushed out of the court room.

Polkinghorne after the not guilty verdict. Photo: RNZ / Calvin Samuel

Polkinghorne, outside the court, called the verdict a "huge turning point".

"This process has taken a massive toll on so many of us. But now we can grieve and let Pauline rest in peace. That is the best gift we can possibly give her."

The jury's verdict was unanimous, and Justice Graham Lang thanked them for their "long and careful consideration" and patience during the lengthy trial.

"It's not an easy thing to judge a fellow human being, as I'm sure you've come to find out over the last two-and-a bit days of your deliberations."

Speaking outside the court, Crown prosecutor Alysha McClintock told media she respected the jury's verdict on what had been a difficult, circumstantial case.

"They worked hard on a difficult case, and we respect the verdict that they've reached … What's important today is there's been a great tragedy. Pauline Hanna died, and we feel for the family, the loved ones and those who loved her, but I absolutely respect the jury's verdict. They worked hard to reach it."

She said the Crown had no right of appeal, so the case was now over.

"The jury's worked hard, they listened to eight weeks of evidence and we asked them to piece it together. We respect the verdict they've reached, but we have no ability to appeal it."

She said it was a difficult case for "everybody", including herself, particularly due to the "sheer volume of interest" and media coverage.

"The evidence is there, was available to piece together, but at the end of the day the jury has to be convinced of that, and they have to be sure of that."

She said the community would also have to respect the jury's decision.

"The jury has to be sure, and they weren't sure."

Speaking outside of court Detective Chris Allan said the jury made a significant personal contribution to the case and police wanted to acknowledge that.

He said police also wanted to recognise Pauline Hanna's family, and said the case would now be subject to coronial inquest.

Outside court, members of Hanna's family said the verdict was not the outcome they wanted, but they accepted the jury's decision.

Bruce and Rose Hanna - along with long-time friends of Hanna, Pheasant and John Riordan - held a picture of Pauline Hanna, as they spoke to media.

Bruce Hanna said it had been a long eight weeks and it was now time to grieve.

He thanked the police and prosecution "for their dedication and hard work".

"I thought the court proceedings was fair, and we need to accept the decision and move on - as disappointed as we are," he said.

Riordan, who had given evidence during the trial that Hanna had told her Polkinghorne had tried to strangle her, was visibly emotional while speaking about her friend.

She said Hanna was a wonderful person who did not deserve this end.

One of Hanna's friends who attended the trial sobbed loudly as she walked past media outside.

Pauline Hanna's supporters speak to media following the verdict. Photo: RNZ / Calvin Samuel

Earlier on Monday, the jury asked the court for guidance saying some did not believe there was enough proof he caused his wife's death, while most said there was not enough proof of her suicide.

Justice Graham Lang addressed the jury, telling them they must be convinced of their verdict beyond a reasonable doubt. Lang said the defence did not bear the onus of proving Pauline Hanna killed herself, and sent jurors back into deliberation.

RNZ reporter Finn Blackwell, who was in court for much of the trial said the moment the verdict was read out was emotional for both sides.

"Some people held each other, I think it's been a long time coming to get to this point," Blackwell said.

"It was always going to come down to what the jury of 11 - as we're now down to - thought: Earlier today we'd had an indication that ... some of the jury thought that the Crown had not provided enough evidence that he'd killed his wife, while most thought there was not enough evidence of her committing suicide.

"It's been their decision that they started deliberating on Thursday, considering that evidence, to get to this point."

The trial at the High Court in Auckland spanned eight weeks, and heard from more than 80 witnesses.

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The Crown argued Polkinghorne killed his wife after a possible violent struggle, while he may have been under the influence of methamphetamine.

But the defence maintained Hanna died by suicide after many years of struggling with depression, compounded by work-related stress during the pandemic.

The jury of three men and eight women asked to re-listen to some audio before beginning deliberations, finishing their deliberations on Monday.

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