Philip Polkinghorne murder trial: Judge sums up case

The judge in the murder trial of former Auckland eye surgeon Philip Polkinghorne has summed up the case for the jury.

The jury has been sent home for the day and will return to court Thursday morning to begin deliberations.

Polkinghorne is accused of killing wife Pauline Hanna in their Remuera home three years ago and staging it as suicide.

He had earlier pleaded guilty to methamphetamine charges.

The defence argues Hanna took her own life.

Defence lawyer Ron Mansfield KC closed their case earlier on Wednesday, urging the jury not to let the sordid details of the case overshadow Polkinghorne's positive traits - that he was a doctor who cared for his patients.

He told the jury Hanna's friends and family were quick to believe her death was suspicious because they did not like Polkinghorne.

"Certainly, that block of people that knew her well ... had a dislike for Dr Polkinghorne," he said.

"It seems right from the get-go, and you need to be that in mind in relation to their evidence, but it seems perfectly clear that they were quite quick to jump on the thought that this might be a suspicious death and that he might be at fault.

"But in truth, they've never liked this guy Pauline loved."

Mansfield said the jury had all they needed to make a decision.

"If you believe in the need for evidence of a crime before you convict any man, the Crown obligation to prove a charge, here a deliberate killing to the required standard, and you believe in honouring your oath, you already know the correct verdict in this case, and it's not necessary for me to tell you," he said.

He said the thought that Polkinghorne could take his wife's life was unsupported and unbelievable.

"You can blame him as much as you want for being at least partly to blame for her feelings of desperation and loss, but you can't and should not blame him for the unexpected decision and action she took that morning," he said.

"Hold him morally to account if need be, as he has been in this very public way.

"But you cannot convict a man of murder, when they did not do it, out of anger or sympathy, let alone the man Pauline loved with all her heart.

"Is that the way she should be remembered?" he asked.

Justice Graham Lang summed up the case, thanking jurors for their service and giving them directions to deliver their verdict.

He said jurors should set aside emotion during deliberation.

"You must decide this case free from any sympathy or prejudice," Justice Lang said.

"This case has the capacity to evoke feelings of sympathy and prejudice, and in numerous ways."

Justice Lang commented on the highly publicised nature of the case.

"I'd be naive to think that you haven't seen, read, or heard at least some of it," he said.

"But just remember, all the reporting of this case has been about what happened in this courtroom.

"You've been in this courtroom from the first until the last moments, you're the ones that have seen and heard all of the evidence, it doesn't matter what other people may have said about witnesses and evidence that's been given," he said.

"It's for you alone, you, the jury, to determine what you make of it."

In summing up the trial, Justice Lang recounted the main points of the trial for the 11 jurors.

He spoke about the relationship between Hanna and Polkinghorne, and the concerns raised by Hanna's friends and family about her marriage to the retired eye surgeon.

It was the Crown's case a combination of methamphetamine use, financial woes, and infidelity drove Polkinghorne to kill his wife.

They said he was persuing a relationship with Australian-based escort Madison Ashton, someone he spent time with following Hanna's death.

Justice Lang then went through the defence's argument, that Hanna was a woman who tragically took her own life.

The defence argued Hanna ended her life after struggling with depression for many years.

They said she was dealing with increasing pressures at work, and was taking a number of prescription medicines which did not mix well with the levels of alcohol she was consuming.

Justice Lang said it was the defence argument that no defensive injuries were found on Hanna nor offensive injuries on her husband, and jurors must put their faith in the pathological evidence of the case.

Closing out his summation, Justice Lang told jurors there would be no time limit for their deliberations.

"It will take as long as it takes," he said.

He said jurors could still ask questions, despite the evidence of the trial being closed.

Justice Lang walked jurors through the process of delivering the verdict, including the possibility of Polkinghorne being found guilty of a manslaughter charge instead of murder.

"You are now at the most critical stage of the trial," he said.

"It's essential that you do not talk to anybody at home, or anywhere else, about the case tonight."

Justice Lang thanked jurors once more and sent them home for the day.

The jury is expected to begin deliberation later on Wednesday.