Jurors deciding the fate of murder-accused Philip Polkinghorne have resumed their second day of deliberations with questions.
This morning, they indicated most on the jury do not think there is enough evidence to support Pauline Hanna committing suicide.
But the jury has also said some jurors do not think the Crown has given enough evidence to answer whether Polkinghorne murdered his wife.
They asked for clarification from Justice Graham Lang today at the High Court in Auckland.
The judge pointed them to the question trail he issued ahead of the jury retiring.
“Each of those questions begins with ‘are you sure’,” he said.
He told the 11 jurors they have to be sure beyond reasonable doubt the Crown has proved its case.
“My direction to you at this stage is, return to the jury room,” Justice Lang said.
“You need to understand the defence don’t bear the onus of proving Ms Hanna committed suicide,” he also said.
The jury spent about six hours deliberating on Thursday after retiring at 10.23am.
Jurors did not deliberate on Friday.
They are deciding if Polkinghorne, 71, murdered Hanna in 2021 at their Remuera home and made it look like a suicide.
His defence is that he woke to find his wife already dead.
His lawyer said Hanna had a long history of depression, worked long and stressful hours and had thought about and attempted suicide before.
The trial, which started in late July, is now into its ninth week.
