Tensions rise during cross-examination of pathologist (2024)

WARNING: DISTRESSING CONTENT

A pathologist who examined the body Pauline Hanna after her death has told a court he observed bruises and abrasions on her body.

Hanna’s husband Philip Polkinghorne’s murder trial, is now in its third week in the High Court at Auckland and jurors continue to consider whether her death was a murder or a suicide.

Dr Kilak Kesha, of Auckland City Hospital, said he conducted an autopsy on Hanna’s body on April 6, 2021, the day after she was reported dead. Kesha said there was an abrasion on the bridge of her nose and on her back, and a cluster of bruising on the back of her right arm. She was also bleeding from the ear.

Kesha said he believed Hanna could have died on her back, based on blood pooling in her back.

There was a blood stain on her left-hand middle finger, shown in police photos, Kesha said, and there was no underlying injury to cause the blood on the finger.

Lividity, pooling of blood but not bruising, was observed on Hanna’s neck and Kesha told the court he believed it was caused by an object, most likely a belt, being applied on the neck after death.

Kesha told the court he kept the cause of death for Hanna “very vague” and recorded it as “neck compression”, to cover hangings, ligature strangulations, manual strangulations, self strangulation and auto-erotic asphyxia.

But defence lawyer Ron Mansfield KC, soon after starting his cross-examination, had the pathologist concede there was an equally likely possibility for the disappearing marks: that the belt had been used in her death before being removed soon after she died, within one or two hours.

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The retired eye surgeon, 71, is accused of having fatally strangled Hanna inside their Remuera home over the long Easter weekend in 2021 before staging the scene to look like a suicide by hanging. But Polkinghorne’s lawyer, Ron Mansfield KC, has been adamant that the death was instead exactly as it initially seemed - a suicide by someone with a history of depression who was quietly struggling with the most stressful period of her career and the recent death of her mother.

All co-workers who have testified so far have described Hanna as a highly resilient worker who didn’t show any signs of not being able to cope with the long hours - described by one employee as adding up to about 100 hours per week, including weekends.

But Mansfield has repeatedly cited an email from Hanna in 2020, about one year before her death, in which she told family her job had been “incredibly difficult and lonely”. She indicated she had been “criticised and bullied and it has been incredibly brutal” but also described it as the “most interesting, amazing, challenging and most exhilarating” time, adding that she had “many mixed emotions”.

Auckland District Health Board CEO Alisa Claire, one of the people who oversaw Hanna as Auckland’s three regional DHBs shared responsibilities during the pandemic response, recalled checking in with Hanna for about 30 minutes on March 15, 2021, about three weeks prior to her death. She had been checking in on all of her managers to discuss workload but wanted to specifically address emails that were being sent by Hanna during hours when most people would be sleeping.

“I indicated to her it wasn’t appropriate,” Claire recalled today of the discussion about the emails. “She made it clear that she wished to continue doing it. She said that work was her happy place... She made it clear that was her preferred pattern of working.”

Because Hanna was so good at her job, it was decided she could keep sending the emails, the CEO said, explaining that she was convinced as a result of the conversation that there didn’t appear to be a negative impact.

“It felt like she was thriving,” she said, adding that her assessment didn’t change after learning of Hanna’s reported suicide and looking back to see if there was anything they might have missed. “She had casually spoken about doing her life’s best work.”

Mansfield pointed out during cross-examination that Claire was one of the people Hanna would have wanted to impress if she wanted to further her career, so it’s unlikely she would have let on if she was struggling. During the next witness, Sharon Alabastro, the lawyer suggested that because Hanna supervised her she was likewise unlikely to open up about work stresses.

Claire disagreed with Mansfield’s characterisation that Hanna would show up to the office as early as 7 or 8am and stay until 8 or 9pm. She often didn’t show up until just before the 8.30am daily meeting and wasn’t there when the manager said she would walk the halls after-hours to make sure there was some work-life balance.

Tensions rise during cross-examination of pathologist (1)

“If I’d seen her after 6 o’clock I’d have spoken to her about why she was still present,” she said.

Sarah Prentice, who worked with Hanna during her 2021 role of helping to distribute the Covid-19 vaccine, agreed that Hanna was proud of her work and seemed to thrive in the environment. But she also acknowledged that the emails would come at all hours.

“I didn’t notice any particular stress,” she testified. “She did work long hours, along with the rest of us. But I think she had a habit of doing that regardless.”

She recalled a Zoom meeting with Hanna on Saturday morning, two days before her death was reported. She seemed fine, Prentice said, adding that the only thing unusual was she kept her laptop camera off.

Tensions rise during cross-examination of pathologist (2)

“She said she’d just got up, preferred not to show her weekend clothes,” Prentice explained.

Hanna’s last email to Prentice was sent on 9.27pm on Sunday, April 4, less than 12 hours before her husband would call 111 to report a suicide.

Earlier, jurors heard from Hanna’s niece, Rose Hanna, who described how her aunt had confided in her seven months before her death that she was contemplating a divorce but was concerned about being able to afford to do so. Through tears, the aunt said she had naively signed documents in which she thought Polkinghorne might have restricted her access to their joint assets, the niece said. They also discussed how Pauline Hanna had met with a private investigator concerning Polkinghorne’s suspected infidelity.

The niece’s testimony was followed by Polkinghorne’s barber, who told jurors about another prostitute that he said the surgeon had been dating. It is the third relationship with a prostitute that jurors have been told about so far.

In her testimony yesterday, housekeeper Sheryl Morris was shown a police photo of the dishevelled guest bedroom where Polkinghorne said his wife had spent her last night. The room had never looked that dishevelled when she went to the house, she told the court.

When changing the bedding in that room, she would always include a bottom sheet, a top sheet and a duvet, the housekeeper added. Earlier scene examination witnesses have said there was no top sheet on the guest bed when police arrived but a damp top sheet was found in the couple’s dryer.

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.

The Herald will be covering the case in a daily podcast, Accused: The Polkinghorne Trial. You can follow the podcast at iHeartRadio, Apple Podcasts, Spotify, through The Front Page feed, or wherever you get your podcasts.

Tensions rise during cross-examination of pathologist (2024)

FAQs

What are the limitations of cross-examination? ›

Cross-examination should not go beyond the subject matter of the direct examination and matters affecting the witness's credibility. The court may allow inquiry into additional matters as if on direct examination. (2) when a party calls a hostile witness, an adverse party, or a witness identified with an adverse party.

Do forensic pathologists go to crime scenes? ›

The forensic pathologist autopsies the body and determines the cause of death and all other factors that relate to the body directly. They may attend crime scenes and frequently testify in court.

Which should be probed during the cross-examination? ›

Getting the witness to in effect repeat the evidence in chief will only give more weight to the witness's evidence. Cross-examination should be probing the weaknesses in the witness' account, not the strengths. Good cross-examination is asking short questions in the right order.

What is examination of a body by a pathologist to try to determine the cause of death known as? ›

A post-mortem examination, also known as an autopsy, is the examination of a body after death. The aim of a post-mortem is to determine the cause of death. Post-mortems are carried out by pathologists (doctors who specialise in understanding the nature and causes of disease).

What is the number one rule of cross-examination? ›

Use Only Leading Questions.

The overwhelming majority of effective lawyers hold one principle of cross-examination dear to their hearts: never ask a question if you do not know what the answer will be, unless you can impeach any unhelpful answer.

What are the limitations of test crosses? ›

There are many limitations to test crosses. It can be a time-consuming process as some organisms require a long growing time in each generation to show the necessary phenotype. A large number of offspring are also required to have reliable data due to statistics. Test crosses are only useful if dominance is complete.

How stressful is it to be a forensic pathologist? ›

There is a risk of exposure to infectious diseases so protective gear, such as gloves and masks, are worn at all times. The job can be stressful and may be emotionally difficult so to be successful in this career, forensic pathologists must be able to separate themselves from their cases.

What are the cons of a forensic pathologist? ›

Forensic pathologists are often exposed to radioactive materials, unknown viruses and bloodborne diseases. They also undergo major stress and have irregular schedules that may interfere with their work-life balance.

Do forensic pathologists get PTSD? ›

Forensic scientists often encounter traumatic and distressing scenes, leading to acute and chronic stress reactions. The incessant exposure to violence, death and suffering can gradually erode their mental resilience.

What not to do during cross-examination? ›

Some 'don'ts' of cross-examination are not to ask if the answer is not already known by the cross-examiner, not to repeat direct examination, not to be diverted from the objective of the cross-examination, and not to let the opposing attorney interrupt the cross-examination.

What are three things to keep in mind during a cross-examination? ›

Here, we discuss seven tips for effectively managing cross examination as an expert witness.
  • 1) Listen Carefully, Then Respond. ...
  • 2) Answer Only the Question Asked. ...
  • 3) Don't Be Surprised by Leading Questions. ...
  • 4) Is There an Objection in the House? ...
  • 5) Making Concessions When Appropriate. ...
  • 6) Keep Calm and Carry On.
May 2, 2024

What is the leading question in cross-examination? ›

Each question you ask during your cross-examination should be a leading question, such as “It was raining that evening, correct?” Leading questions nudge witnesses in the direction you want them to go while also limiting their ability to explain their answers.

Why do doctors check eyes after death? ›

In the eyes, 'trucking' or segmentation of retinal blood vessels is one of the first observable signs. This sign presents as a break in the continual column of blood on ophthalmoscopic examination of the eyes and usually occurs within half an hour and may sometimes take as long as 2 hours after death.

How long does it take for fluids to leave the body after death? ›

Putrefaction (4-10 days after death) – Autolysis occurs and gases (odor) and discoloration starts. Black putrefaction (10-20 days after death) – exposed skin turns black, bloating collapses and fluids are released from the body.

What happens 8:10 hours after death? ›

Phase 3: Rigor Mortis

For approximately the first 3 hours after death the body will be flaccid (soft) and warm. After about 3-8 hours is starts to stiffen, and from approximately 8-36 hours it will be stiff and cold. The body becomes stiff because of a range of chemical changes in the muscle fibres after death.

What are the limitations of cross validation? ›

Increased training time: Cross-validation requires training the model on multiple training sets. Computationally expensive: Cross-validation is computationally expensive as it needs to be trained on multiple training sets.

What are the limitations to a cross sectional study? ›

Cross-sectional studies cannot establish a cause-and-effect relationship or analyze behavior over a period of time. To investigate cause and effect, you need to do a longitudinal study or an experimental study.

What are the limitations of document examination? ›

What are the limitations of forensic document examination?
  • Non-original evidence (such as photocopies or faxes) submitted for examination. ...
  • Insufficient quantity of questioned material. ...
  • Insufficient quality. ...
  • Insufficient known specimens submitted for comparison.

What are the limitations of cross staff? ›

The limitation of the cross-staff was the the observer had to look directly at the Sun, so it was a tool that was better suited for determining stellar positions. The cross-staff could be used for measuring both horizontal and vertical angles, unlike the instrument that would replace it: the quadrant.

References

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