Australia - 3 dead after eating wild mushrooms, Leongatha, Victoria, Aug 2023 #14 *Arrest*

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11.41am

Disregard accused’s claim the poisoning was an accident: prosecutor​

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Prosecutor Nanette Rogers, SC, has told the jury the Crown expected that one of the arguments Erin Patterson’s defence lawyers would make would be that the accused woman had accidentally foraged death cap mushrooms.

In her closing address, Rogers said that version of events was the result of the fact that “at some point it dawned on her that the Asian grocery store [version of events] did not add up”.

“She had to come up with something new,” Rogers said.

The prosecutor told jurors they should simply disregard the claim that the poisoning was a horrible accident, and said Patterson was trying to make her story fit the evidence police had complied.

“You really would have to take her at her word. For reasons I will get to later, you simply cannot do that,” Rogers said.

She said that based on the evidence, the jury should conclude that Patterson deliberately sought out and picked death cap mushrooms.

“The second argument we anticipate the defence will make is that the accused had no motive to target the lunch guests and had a positive relationship with them, particularly Don and Gail,” Rogers said, in reference to Patterson’s in-laws.

“We don’t say that the evidence demonstrates any particular motive. You’ll remember from the checklist of elements for the offences on the indictment ... motive is not an element of the crime of murder or the crime of attempted murder.”

People did “different things for different reasons”, Rogers said.

“Sometimes the reason is obvious. At other times the internal motivations are only known by the person themselves. You don’t need to know why a person did something in order to [find] that they did it,” she said.

The question the jury needed to determine was whether the prosecution had proved beyond reasonable doubt that Patterson did what she did deliberately, the prosecutor said.

 
now02.44 BST
Relationship with in-laws not always ‘harmonious’

Rogers turns to Patterson’s relationship with her parents-in-law.

She says Patterson’s estranged husband, Simon Patterson, told the jury Patterson seemed to love his parents.

“On the surface it seemed that way, even to the family members themselves,” Rogers says.

But she says the jury has heard evidence Patterson’s relationship with her in-laws, Don and Gail, was not always “harmonious”.

She reminds the jury about evidence regarding Patterson and Simon’s dispute over child support payments. She says Simon and Patterson’s son described his parents’ relationship as negative before the lunch.

Rogers says Patterson expressed her real feelings about her parents in-law and the broader family with her online friends.

She says in messages from December 2022, seen by the jury, Patterson called her parents-in-law a “lost cause”.

 
1m ago
'No basis' to doubt digital forensic evidence, prosecutor says

By Joseph Dunstan

The prosecutor then launches into a pre-emptive defence of expert evidence given to the trial, in anticipation of potential lines of argument from Ms Patterson's lawyers.

She notes the process for extracting data from a computer seized at Ms Patterson's home was undertaken by police forensic expert Shamen Fox-Henry using "specialist" software.

"There is no basis in the evidence before you to say that the process failed," Dr Rogers says.
 
11:40

Patterson said Simon had become 'nasty to her'​

Dr Rogers is now reminding the jury about Patterson's relationship with her in-laws and Simon (pictured) and what she said about that relationship.
Dr Rogers said Patterson told police she loved Gail and Don.
'On the surface, perhaps it seems that way, even to the family members themselves,' Dr Rogers said.
The jury heard her actual relationship was not always harmonious.
Dr Rogers said Simon spoke of the change in his relationship with Patterson leading into the lunch.
The jury also heard Patterson told child welfare officer Ms Katrina Cripps 'Simon had become nasty to her'.
'She changed the kids' school weeks before the lunch without telling Simon,' Dr Rogers said.
Dr Rogers also reminded the jury Simon didn't attend the New Zealand Christmas holiday Patterson and her children went on in December 2022.
'The decline in the relationship was certainly obvious to (their son),' Dr Rogers said.


11:42

Patterson sent 'aggressive' messages to family group chat​

Dr Rogers said Simon described Patterson's messages to Don and Gail (pictured) regarding financial arrangements as 'aggressive'.
'They were so aggressive,' Dr Rogers said.
'Gail was not to read them anymore.'
The messages were sent in a group chat between Erin, Simon, Don and Gail.

 
2m ago
Accused was 'duplicitous' in dealings with in-laws, prosecutor alleges

By Joseph Dunstan

Dr Rogers tells the jury the evidence before them shows Ms Patterson was feeling a "build-up of resentment and anger" towards her in-laws in the months before the lunch.

She references messages Ms Patterson sent to her Facebook friends, telling them the Patterson family was demanding.

“She was mocking them and their religious beliefs, despite attending church with them,” Dr Rogers says.

"The accused was leading a duplicitous life when it came to the Pattersons," Dr Rogers says.

"She presented one side, while expressing contrary beliefs to others."

She also notes the messages sent to Facebook friends where Ms Patterson said "🤬🤬🤬* 'em" while expressing frustration about her in-laws.
Yeah, I say that about my guests too. 🙄
 
2m ago11.47 AEST
Rogers says what Patterson “outwardly” portrayed did not always align with her “true feelings”.

She says Simon gave evidence that when he told her his parents were in hospital the day after the lunch Patterson never asked about them.

If Patterson loved her in-laws she would have immediately asked about their welfare, Rogers says.

 
11:49

Patterson never asked about health of lunch guests​

Dr Rogers said Simon claimed Patterson never asked him about the health of the other lunch guests.
'It stood out to him,' Dr Rogers said.
Dr Rogers suggested if Patterson 'loved them you'd expect her to inquire about them'.
'Instead, she went on about her own symptoms,' Dr Rogers said.
'She never asked a question about Don and Gail (pictured).'

 
11.43am

‘We say she is not a credible witness’​

By​

After a brief break, prosecutor Nanette Rogers, SC, has resumed her closing address by telling the jury to put aside Erin Patterson’s evidence about foraging and eating wild mushrooms.

“The only evidence that you have about her habit of her picking and eating mushrooms ... comes from the accused’s own mouth,” Rogers said.

“We say she is not a credible witness.”

 
1m ago
Jury should reject reasons for abrupt hospital departure as 'nonsense', prosecutor says

By Joseph Dunstan

Dr Rogers then shifts focus to the innocent explanations she anticipates may be put forward by Erin Patterson's lawyers to explain her conduct in the days after the lunch.

The jury is shown CCTV footage of Ms Patterson at Leongatha Hospital on the Monday where she is standing near the doors speaking with medical staff. Shortly afterwards, she discharged herself against medical advice before returning later that day.

The prosecutor says any suggestion that Ms Patterson wasn't prepared for a hospital stay on that day was "nonsense".

She says the accused had her phone and was in contact with her husband, and could have managed care of her children and animals in a "moment of crisis" without leaving hospital.

Dr Rogers questions Ms Patterson's evidence that she had lost trust in the medical system over the years, pointing to frequent engagement with medical services in the period leading up to the lunch.
 

Accused 'leading a duplicitous life when it came to the Pattersons'​

Dr Rogers has turned to the relationship between the accused, her estranged husband Simon and his parents Don and Gail.
She told the jurors they have heard evidence over the course of the trial that showed they “loved each other” and “did kind things” to each other, pointing to Mother’s Day messages exchanged between Erin and Gail.
Dr Rogers added that the accused “professed” her love for Don and Gail in her record of interview and Simon testified that Erin “seemed to love his parents”.
But she said the relationship between the accused and Don and Gail was “not always a harmonious one”.
“Don and Gail were dragged unwillingly into the conflict between the accused and Simon over child support,” she said.
Dr Rogers told the jury child support became a “significant source of tension” between Erin and Simon and their relationship “substantially changed”.
She said the evidence showed that the divide between the accused and her in-laws was “deeper than they ever knew” as she expressed her true feelings to her Facebook friends.
Dr Rogers pointed to “bitter, angry messages” she wrote about her in-laws, where she called them a “lost cause” and said “f–k em”.
“It shows, we say, that the accused was leading a duplicitous life when it came to the Pattersons,” she said.
“She presented one side, while expressing contrary beliefs to others.”
Dr Rogers said if Erin did love her in-laws as she claimed, one would expect her to immediately ask about their welfare when speaking to Simon the day after the lunch.
“What did she do? She immediately went on to talk about her own symptoms,” she said.
“She never asked a question about Don and Gail.”

 
You don’t think Erin saying to friends that she’s had enough of them, they’re lost causes, she’s done with them, she wants to wipe them from her life, Simon is coercive, abusive, controlling, abusive - along with the family and Simon allegedly pulling away, Erin taking the children out of a private school without consultation with their other parent, and Simon putting separated on his tax return which seemed to trigger her - all these things aren’t a motive?
My thoughts are that it was Simon putting ‘separated’ on his Tax Return that was the catalyst for this.
It seems he must have got his own Accountant, where up until then she used to do their Tax. .. if I recall she asked him for his ‘stuff’ and he said he’d already done it. This could have monetary implications for her if she was ‘splitting earnings’ as if a business partnership or something.
So he was certainly no use to have around after that!

JMO
 
Key Event
2m ago
Prosecutor tells jury to dismiss claims of 'innocent panic'

By Joseph Dunstan

Dr Rogers then addresses the anticipated defence argument that Erin Patterson's actions after the lunch were the result of "innocent panic".

"Panic does not explain the extensive and prolonged efforts that the accused went to to cover-up what she'd done," she says.

"It does not explain why the accused chose to persist with lies, even when the lives of the lunch guests were at stake."

She notes these lies were told to people she had "no reason to lie to", including her Facebook friend Jenny Hay.

“Why would she lie to this friend who lived interstate? Jenny Hay was not involved in any police investigation," Dr Rogers says.
 
11.58am

Changing relationships and feelings about family members​

By​

Erin Patterson professed her love for her in-laws, Don and Gail Patterson, in her police interview, and the accused woman’s estranged husband, Simon Patterson, also told the trial they got along.

“But you heard evidence which shows that the relationship between the accused and Don and Gail was not always a harmonious one,” prosecutor Nanette Rogers, SC, told the jury in her closing address.

Rogers said Simon Patterson’s evidence was that he had noticed a substantial change in the relationship his parents had with Erin Patterson over child support payments, and that was a significant source of tension between Simon Patterson and his estranged wife.

The change in Simon’s relationship with Erin Patterson was also noticed by other members of the family, including their son and Simon’s sister-in-law, Tanya Patterson.

“The evidence shows that the divide between the accused and the in-laws was deeper than they ever knew,” Rogers told the jury.

“She expressed her real feelings about them and the broader Patterson family to her online friends.”

The prosecution was not particularly interested in whether Erin Patterson was a Christian or an atheist, Rogers said, but the way she expressed her beliefs to online friends showed that she was living a duplicitous life when it came to her family members.

Patterson’s messages to online friends – which included eye-roll emojis – mocked the family for their religious beliefs despite the mother of two attending church with them, Rogers said.

The prosecutor also referred to messages from Patterson to her online friends, where she called the family “a lost cause” and said “I want nothing to do with them”, and “f--- ’em” as examples of that duplicity.

When Simon Patterson told his estranged wife that his parents were ill, the accused woman spoke about her own sickness without asking about Don and Gail Patterson’s condition, the prosecutor said.

 

Erin turned up to hospital with backpack and satchel - but said she couldn't stay​


Dr Rogers said the defence will likely argue there are innocent explanations for the “incriminating conduct” the Crown has set out, such as leaving the hospital against medical advice.
Evidence from both Simon and Erin confirmed she had discharged herself early on several earlier occasions but Dr Rogers said the accused’s claim that she “wasn’t ready to be admitted” when she presented to Leongatha Hospital the day after the lunch is false.
CCTV footage played to the jury shows Erin arriving there with a backpack and satchel bag.
“The accused had been told the day before the lunch guests had been admitted to hospital,” Dr Rogers said.
“The suggestion she didn’t realise she was going to be admitted is nonsense.”
Dr Rogers said her excuse that she needed to leave to organise things for her children and animals should be rejected.
“It would be many hours before the children were due to return home (from school), she had her mobile phone and she was in contact with Simon,” she said.
“There were other ways she could have managed the children and animals in a moment of crisis like this, given she had been told she had likely ingested a lethal poison.”
Dr Rogers said the previous occasions where Erin had left hospital early were “a far cry” from this life-threatening incident.
Hospital records from 2015 showed Erin had asked a nurse to disconnect her IV so she could leave, after receiving treatment for food poisoning.
On another occasion, after the birth of her son, the left hospital early because she couldn’t sleep.
“These occasions were quite clearly not life-threatening and didn’t involve her leaving hospital before she had received any treatment at all,” Dr Rogers said.

 
1m ago
A parent would 'move mountains' to get hospital care for children who'd eaten contaminated meal leftovers, prosecutor says

By Joseph Dunstan

Dr Rogers puts to the jury that if they had innocently made a mistake that had led to illness in loved family members, they would do everything they could to share information, regardless of the blame that may come their way.

"If your children had come with cooee of the same meal, you would move mountains to get them to [hospital]," she says.

She tells the jury that if you had been exposed to deadly death cap mushrooms, you would "gladly receive all of the medical treatment you could get your hands on".

She says doctors had already made a provisional diagnosis of death cap mushroom poisoning when Ms Patterson arrived at Leongatha Hospital the Monday after the lunch.

"When they told her what they suspected the cause of the illness was, she panicked," Dr Rogers says.

"Not because she suddenly realised she'd made a grave foraging mistake. She panicked because ... they were already onto it."
 
1m ago02.59 BST

Rogers rebuffs innocent explanations​

Rogers says the defence will probably argue there are innocent explanations of Patterson’s actions like discharging herself from the hospital within minutes of arriving, being reluctant to get her children medically tested and dumping the dehydrator.

Rogers plays the jury CCTV footage of medical staff trying to stop Patterson from discharging herself from Leongtha hospital on 31 July 2023.

She says Patterson told police she needed to leave the hospital to organise things for her children and animals. But Rogers says she had already dropped her children at the bus stop for school.

She says there were other ways she could have managed her children and animals given she had been warned she may have ingested a fatal toxin.

Rogers says the jury should reject suggestions by the defence that Patterson dumped the dehydrator because she panicked

“Panic does not explain the extensive and prolonged efforts that the accused went to in order to cover up what she had done,” she says.

Patterson continued to lie even when the lives of her lunch guests were at stake, Rogers says.

 
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