Philip Polkinghorne in court for his sentencing on meth charges. Photo: RNZ / Marika Khabazi
A former Auckland eye surgeon found not guilty of murdering his wife has been sentenced to 150 hours of community work for drug possession.
Philip Polkinghorne was found not guilty of murdering of his wife, Pauline Hanna, after a nine-week trial ending in September.
Crown prosecutors said Polkinghorne murdered Hanna and staged the scene as a suicide due to a combination of financial problems, infidelity and drug use.
The defence argued Hanna took her own life after struggling with depression for many years.
Former eye surgeon Philip Polkinghorne arrives at court for sentencing on meth charges. Photo: RNZ / Marika Khabazi
Polkinghorne pleaded guilty in July to two charges of possessing methamphetamine and a pipe.
The retired ophthalmologist had 37 grams of methamphetamine, worth over $13,000, hidden throughout his Remuera home. He was charged in August 2022.
During the trial, the jury heard that methamphetamine testing was carried out at Polkinghorne's workplace, the Auckland Eye ophthalmology clinic. It revealed concerningly high levels of the drug at his workplace, suggesting it had been used there.
Testing officer Jeremy Hill told the jury he took 14 swabs from four rooms at the premises.
A meth pipe, embossed with the words 'sweet puff' on the side, was also found at Polkinghorne's work.
In one consult room, where the pipe was found, levels of methamphetamine found were above safe levels, Hill said.
In court, Crown prosecutor Alysha McClintock said the evidence presented during the trial presented a different picture of Polkinghorne's drug use than what he claimed.
"There remains a suggestion by Dr Polkinghorne... that whilst he accepts he's in possession of methamphetamine, he wasn't really the principle person responsible for it, and that suggestion is waved at his deceased wife, as it was during trial," she said.
"The amount is obviously a high amount for a charge of this type, 370 individual doses or uses, and over $13,000 worth in various places with his DNA - and only his DNA - found on a multitude of the containers."
McClintock questioned whether a fine, one of the potential penalties for the charge, would deter Polkinghorne.
"On the one hand, he says he has the financial means - that's why he had $13,000 worth in his possession on the day," she said.
"On the other hand, he says a fine of something in the order of $600 to $1000 is sufficient to deter him. In my submission, those two things don't fit together..."
Polkinghorne's lawyer, Ron Mansfield KC, said the quantity of methamphetamine found at the couple's Upland Road home reflected his ability to acquire the drug, rather than his use.
"It's simply the possession of the drugs found at the address - he's not being sentenced or brought before the court for prior use of the drug, in my submission."
Mansfield said that Polkinghorne had made no suggestion that he was not in possession of the drug or the pipe, or that he was not using methamphetamine.
"In my submission, all that is relevant for the purposes of today's hearing is a focus on his acceptance of possession of both the methamphetamine and the pipe."
Mansfield said Polkinghorne had not used the drug since his wife's death, and made reference to the impact the trial had had on him.
"He has a national and international profile for being one of the very top ophthalmologists in his area of speciality," he said. "And, as a result of the allegation he found and needed to defend for just over two months, there's been a very public and significant fall from grace as far as his public profile is concerned."
Justice Graham Lang said he did not believe that Polkinghorne's drug use impacted his work.
"All your work colleagues who gave evidence at the trial spoke highly of your professional abilities, none had cause to suspect that you were consuming methamphetamine during the period leading up to April 2021.
"This supports your explanation that you only consume methamphetamine during holidays and weekends, when it would not affect your professional life."
He said Polkinghorne's defence suggested he be fined roughly $650. The maximum fine able to be set was $1000.
"I'm satisfied that, given your healthy financial situation, a fine would have no deterrent effect at all, and would not be sufficient to hold you properly accounted for your offending."
The defence had cited a previous case in which Lang accepted a fine as an appropriate penalty for an offender who had pleaded guilty possession of cocaine, fining him the maximum penalty.
"I do not consider that to be an appropriate outcome in your case," said Lang.
"First, you did not enter your pleas until the commencement of the trial, secondly, I consider you have endeavoured to minimise your involvement in the possession of methamphetamine by bringing your wife into the equation."
However, Lang highlighted Polkinghorne had been undertaking drug testing since 2021, all of which had returned negative results.
Lang gave Polkinghorne credit for the good work he had done as a surgeon, such as shouldering costs when patients could not afford it.
He said a community-based sentence was appropriate. A sentence of 200 hours community service was introduced and then reduced by 50 hours due to mitigating factors.
Polkinghorne was sentenced to 150 hours of community service for his methamphetamine possession, and was convicted and discharged for possessing a pipe.
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