In response to the Crown's opening this morning, defence lawyer Ron Mansfield KC said it was a "sad reality" that Pauline Hanna killed herself - and therefore was not murdered by her husband Philip Polkinghorne.
Warning: This article contains content that could be disturbing to some people.
Polkinghorne is accused of killing his wife Pauline Hanna in April 2021. He denies doing so.
On the opening day of the trial at the Auckland High Court today Mansfield said Polkinghorne's meth use "played no part" in the death, adding there was "no evidence" Polkinghorne was under the drug's influence when Hanna died.
He told the jury that they’d just heard "one carefully crafted side of things", adding that the suggestion of Polkinghorne having a "double life" is "incorrect".
"Their lives were open, their relationship was open, certainly their sexual relationships were open."
He pointed to the 16 months between Hanna's death and Polkinghorne's arrest.
"They examined the house for days, looking for evidence which you will hear did not exist," Mansfield said.
"No evidence was revealed to suggest or to support the contention that there was an argument, or there was a fight, or there was the staging of any hanging or suicide as was asserted."
He also said that relationships are "subjective" and he would "relish" opportunity to provide "some balance".
Mansfield asserted that the relationship was "perfectly happy" and the lifestyle was "shared" with both having sexual encounters independently and together outside the relationship.
"This was not a relationship marred by violence at all, nor was it a relationship marred by control of any kind."
He claimed Hanna abused alcohol and said this was "a successful suicide attempt by a woman who was prone to depression" and had previously attempted suicide.
“Dr Polkinghorne simply went to bed and, when he got up in the morning, he discovered his wife in that position having hung herself.”
Mansfield also criticised the prosecution, calling it a "one-eyed investigation" with a "drive to establish that what had occurred was a homicide when it wasn't".
Motive "never existed and would not have existed within this relationship," he said.
"Mr Polkinghorne loved his wife."
Mansfield added that, when speaking to police on April 5, Polkinghorne "simply answered the questions that were asked of him in a very honest and real way".
"He hasn't lied at all.
"There aren't many facts in this trial that are not in dispute."
Polkinghorne's 111 call
”My wife's dead, she's hung herself."
The jury was played Polkinghorne's call to 111 on April 5, 2021.
The above statement is the first thing he said on the call.
Polkinghorne continued, telling the operator that "she's cold" and "she's not breathing" as he gave his name, address and phone number.
Polkinghorne was asked if he'd cut her down. Then, there was a loud noise.
“You there?" the operator asked.
"I know she's dead," Polkinghorne said. "I can't feel a pulse, she’s blue, she's cold."
Asked if she was beyond any help, Polkinghorne said: "Yes, yes."
He was told to leave everything else "as you have found it".
The trial continues.
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