Hanna’s death has been with the Coroner since the day she died, however, when there are criminal proceedings, the Coroner will adjourn their inquiry or postpone opening one until the outcome of the criminal proceedings.
The Coroner’s officer confirmed to the Herald a case review would be set down for December 2024 to determine the next steps in the coronial inquiry.
The case review would be carried out in chambers. A spokesman would not comment on whether there would be a formal inquest into Hanna’s death.
Detective Senior Sergeant Chris Allan said outside court that police acknowledged and respected the jury’s decision.
“The jury – they’ve had a particularly tough job and some pretty confronting subject matter.
“In terms of where to from now … that is a coronial process.
“At this stage, in terms of the investigation, this is the end of the matter.
“As Mr Polkinghorne has a number of matters before the court, that is all I’ll say at this stage.”
On the first day of the eight-week trial back in July, Polkinghorne pleaded guilty to methamphetamine-related charges – relating to 37g of meth seized by police from his Upland Rd Remuera house and a P pipe that was found under his bed.
He entered guilty pleas to possession of methamphetamine, which carries a maximum punishment of six months’ imprisonment, and possession of a methamphetamine pipe, which is punishable by up to one year’s imprisonment.
Polkinghorne’s lawyers have asked for his methamphetamine-related charges to be withheld so they can consider whether to seek a discharge without conviction. He is due to return to court on November 1.
Before Polkinghorne’s acquittal on Monday, Justice Lang addressed a note the jury sent out late Thursday afternoon.
It read, “Most of the people on the jury do not think there is enough evidence to support Pauline having committed suicide. However, some people on the jury do not think that the Crown has supplied enough evidence that we can answer yes to the question, ‘Has the Crown made you sure that Dr Polkinghorne caused the death of his wife, Ms Pauline Hanna, by intentionally strangling her?’ Please can we have some direction.”
The judge responded by noting that each question in the question trail begins with “are you sure” and that the defence doesn’t have the onus of proof.
“At the end of the day, it’s not sufficient for you to say that Dr Polkinghorne is probably guilty or even very likely guilty,” Justice Lang repeated from his summing-up.
He directed the group to return to the jury room to continue deliberating.
What if the Coroner says Pauline Hanna’s death was not suicide?
Criminal defence lawyer Roderick Mulgan told Newstalk ZB’s Ryan Bridge yesterday the Coroner has a different standard of evidence and a Coroner’s inquiry is a balance of probabilities of what’s more likely.
He says a Coroner’s conclusion is not a criminal inquiry.
“The Coroner is free to come to a different conclusion if they think the evidence merits it.”
He said you can have the jury claiming doubt and the Coroner saying it’s likely to be murder and “those two things can sit side by side”.
Mulgan said he believed a re-trial was not going to happen and Polkinghorne was likely a free man for good.
A new trial could only happen if there was substantial new evidence.
“It just doesn’t exist, everything here is circumstantial.
“There was never an eye witness, there was never a photograph, there was never a fingerprint.”
Benjamin Plummer is an Auckland-based reporter who covers breaking news. He has worked for the Herald since 2022.
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