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

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  • #1,281

All the 'starkest' lies Erin has told: Crown​

Dr Rogers has turned to the lies the prosecution says Erin has told throughout the investigation and during her time on the stand.
“We say the accused has told numerous lies in this case, to witnesses in this case, and to you, the jury,” she said.
Erin has admitted to several of the lies, including lying about having cancer, dumping the dehydrator and where she sourced the mushrooms used in the beef wellingtons.
But Dr Rogers said these lies were not knee-jerk reactions to a stressful situation, but were “calculated and deliberate deceptions” designed to cover her tracks.
Dr Rogers also took the jury to the lies Erin hadn’t admitted to, such as when she told the jury she had “tried to be helpful” during the Health Department’s investigation.
She was at times non-responsive to the officer’s messages, her story changed and she made no mention of wild or foraged mushrooms going into the meal, Dr Rogers said.
“She lied when she told you she invited (the guests) because they’d had a good time at an earlier lunch … and wanted to thank Heather for helping her when (her daughter) was young and at playgroup,” she said.
“The evidence shows she clearly indicated the lunch concerned a medical issue.”
Dr Rogers said the “starkest lie” was telling the jury she was planning to have gastric bypass surgery.
She said this claim was “quickly investigated” and a statement from the practice manager of the ENRICH Clinic was shown to the jury which said it did not offer, and had never offered, gastric bypass surgery.
Dr Rogers reminded the jury Erin, under cross-examination, said perhaps her appointment was about liposuction but “there’s not a way that the accused’s earlier evidence can be twisted to fit that new claim”.

 
  • #1,282
Are there any charges that could be brought against those who tried to keep others from bringing forth evidence?
 
  • #1,283
12.31pm

The dangers of death cap mushrooms​

By​

Prosecutor Nanette Rogers, SC, has told the jury members that if they were satisfied that this was a deliberate poisoning event, they shouldn’t have “any difficulty” finding that Erin Patterson intended to poison her guests or at least cause them serious injury.

In her closing address, Rogers said the toxicity of death cap mushrooms was well-known, and she referred to evidence from the trial that the estimated lethal dose of amatoxins was 0.1 milligram per kilogram, and that seven milligrams of the toxins could kill a 70-kilogram person.

Rogers said the photos recovered from Patterson’s Samsung tablet showed mushrooms on scales that mycologist Dr Tom May identified as being “highly consistent with death cap mushrooms”.

Police had conducted a thorough investigation in the case, the prosecutor said, and that included reviewing medical documents, shopping records, investigating mushroom supply chains and making inquiries to mushroom farms about potential contaminations of their supply chains.

Rogers said officers even investigated the meal that Ian and Heather Wilkinson ate at the Korumburra Middle Pub prior to the lunch, to check that there were no other possible food sources that could explain their illness.

Police searched Patterson’s house for four hours on August 5, 2023, the jury heard, and they had the goal of finding every electronic device they could. Rogers said the jury should reject any suggestion that police left any devices sitting on a window sill or shelf.

Rogers told jurors it might be in hindsight that they might think this kind of poisoning was “bound to be detected” and they might question why Patterson shared photos of her dehydrator with her online friends if she was going to use it to poison her guests.

Patterson did so, the prosecutor said, because she thought she could get away with this crime.

“And she never imagined that doctors would so quickly suspect that death cap mushrooms would be involved,” Rogers said.

 
  • #1,284
2m ago03.31 BST
Rogers turns to lies Patterson has told including not owning a dehydrator and not foraging for mushrooms.

Rogers says there are also lies Patterson had told but not admitted to.

She says Patterson lied when she testified she invited her guests to the beef wellington meal because she had had an enjoyable lunch with Don and Gail the month prior.

The evidence shows Patterson indicated the lunch was to discuss a medical issue, Rogers says.

She tells the jury Patterson also lied when she testified that she never told the lunch guests she had a cancer diagnosis.

She says Patterson herself said she discussed cancer treatment at the lunch.

“That does not happen without a diagnosis,” Rogers says.

She says the “starkest lie” was when Patterson testified she was planning to have gastric bypass surgery in 2023. Rogers reminds the jury of evidence that the clinic where Patterson said she had a pre-surgery appointment has never offered this procedure.

 
  • #1,285
Are there any charges that could be brought against those who tried to keep others from bringing forth evidence?

Perverting the course of justice, perhaps.
 
  • #1,286
1m ago03.35 BST

'You cannot accept the accused as a truthful, trustworthy witness', Rogers says​

Rogers reminds the jury that Patterson has no legal obligation to prove anything in the trial.

She stresses that parts of Patterson’s story, including her history of foraging wild mushrooms between 2020 and 2023, are based solely on her own evidence.

She says binge eating and purging, vomiting after the fateful lunch and stopping to go to the toilet in a bush the day after the beef wellington meal, also fall in this category.

“The prosecution says you cannot accept the accused as a truthful, trustworthy witness,” Rogers says.

“You should reject her evidence.”

 
  • #1,287
Key Event
1m ago
'Significant' parts of accused's evidence should be rejected, prosecutor says

By Joseph Dunstan

After a brief break, the hearing's resumed and prosecutor Nanette Rogers SC tells the jury that the accused has told "too many lies" to be accepted as a truthful witness.

She says "significant" parts of the defence case rest on evidence solely attributable to Ms Patterson.

These include the following:

The accused's evidence she had a history of binge eating and purging
Her evidence she vomited after eating cake following the lunch
That she took imodium to treat diarrhoea
That she made an emergency highway stop due to diarrhoea the day after the lunch
"If and when you reject the accused's evidence about these matters, you simply put it to one side," Dr Rogers says.

A reminder you can access the Butterfly Foundation if this raises any issues for you.
 
  • #1,288
You can't have explosive diarrhea and still wear white pants
 
  • #1,289
12:37

Prosecutor: Patterson has told 'too many lies'​

Dr Rogers reminded the jury it's up to the prosecution to prove Patterson guilty but her evidence should be 'rejected'.
'The accused bears no onus to prove anything in this case that is up to the prosecution,' Dr Rogers said.
Dr Rogers reminded the jury the only evidence about picking and eating wild mushrooms between 2020 and 2023 came out of Patterson's mouth.
However, Dr Rogers said there was other evidence which only came from Patterson's mouth.
The jury heard this included Patterson's evidence she was binge-eating and purging, eating a cake and vomiting, taking a bush poo on the way back from Tyabb, taking Imodium and saying Phone A broke.
'You cannot accept the accused as a truthful, honest and trustworthy witness…,' Dr Rogers said.
'She has told too many lies and you should reject her evidence.'

 
  • #1,290
You can't have explosive diarrhea and still wear white pants

It's interesting because in the Keli Lane matter of which Erin had a lot of forceful opinions - Keli Lane had a white dress on a day after giving birth, and attended a wedding, and Erin constantly pointed that out.
 
  • #1,291
12.39pm

Erin Patterson lied to authorities and in witness box, jury told​

Erin Patterson didn’t have to give evidence during her trial but chose to, prosecutor Nanette Rogers, SC, told the jury, and in doing so exposed herself to being cross-examined like any other witness.

The prosecution’s case is that Patterson told numerous lies to witnesses in the case and to the jury, including lying about having cancer.

“Her evidence seemed to change every time she was asked about it,” Rogers told the jury.

Patterson had also lied about owning a dehydrator and said that “was not a lie told in heat of the moment”, the prosecutor said.

“This lie was set in motion the moment she dumped the dehydrator. It cannot be described as a knee-jerk reaction. It was a calculated and planned deception,” Rogers said.

Patterson also lied about foraging for mushrooms and told variations of this lie to various medical professionals and Department of Health manger Sally Ann Atkinson, the jury heard.

“Then there are the lies that the accused has not admitted ... The accused lied in her record of interview when she said she had been ‘very, very helpful’ with the Department of Health,” Rogers said.

Rogers Patterson had been non-responsive with police and kept changing her story.

“When the accused told you, ‘I was trying to be helpful to the department’, she was lying again,” Rogers said.

 
  • #1,292
Key Event
1m ago
Prosecution says a fifth deception was played on the jury

By Joseph Dunstan

Dr Rogers tells the jurors they should not allow sympathy or bias to affect their assessment of the evidence in the case.

"You may not want to believe that anyone could be capable of doing what the accused has done ... but look at the evidence, don't let your emotional reaction dictate your verdict one way or the other," she says.

"Erin Patterson told so many lies it's hard to keep up with them. She's told lies upon lies because she knew the truth would implicate her."

She submits to the jury that a fifth deception was played on them during the trial, when the accused spun a "carefully constructed narrative" in a bid to fit the evidence.

But she says absorbing the totality of evidence from the prosecution, the jury should have no problem in accepting the charges of murder and attempted murder.

This closes her address.
 
  • #1,293
Key Event
1m ago
Prosecution says a fifth deception was played on the jury

By Joseph Dunstan

Dr Rogers tells the jurors they should not allow sympathy or bias to affect their assessment of the evidence in the case.

"You may not want to believe that anyone could be capable of doing what the accused has done ... but look at the evidence, don't let your emotional reaction dictate your verdict one way or the other," she says.

"Erin Patterson told so many lies it's hard to keep up with them. She's told lies upon lies because she knew the truth would implicate her."

She submits to the jury that a fifth deception was played on them during the trial, when the accused spun a "carefully constructed narrative" in a bid to fit the evidence.

But she says absorbing the totality of evidence from the prosecution, the jury should have no problem in accepting the charges of murder and attempted murder.

This closes her address.

clapping-leonardo-dicaprio.gif


Well done Dr Rogers!
 
  • #1,294
It's interesting because in the Keli Lane matter of which Erin had a lot of forceful opinions - Keli Lane had a white dress on a day after giving birth, and attended a wedding, and Erin constantly pointed that out.

I knew her brother
 
  • #1,295
That hit upon everything I would have expected the prosecution to mention. That was a brilliant closing.
 
  • #1,296
Key Event
1m ago
Defence begins closing address

By Joseph Dunstan

Erin Patterson's defence barrister Colin Mandy SC immediately takes up his closing address.

He tells the jury there are two main things they should bear in mind when deliberating on the charges.

First, if there is a reasonable possibility that death cap mushrooms were put into the meal accidentally.

And secondly, if it is a reasonable possibility that Ms Patterson did not intend to kill or cause serious injury to her guests.

If they are satisfied of these things, he says they must find her not guilty under the law.
 
  • #1,297
Mr Mandy right now

nervous-james-mc-avoy.gif
 
  • #1,298
1m ago12.46 AEST

Jury 'must not feel sorry for the accused', Rogers says​

Rogers says the jury should not let their emotional response to the events sway their verdict.

“You must not feel sorry for the accused,” she says.

“You may not want to believe that anyone is capable of what the accused has done … you might not understand it.”

“But look at the evidence. Don’t let your emotional reaction dictate your verdict.”

Rogers says there is no reasonable alternative other than Pattrson deliberating sourcing death cap mushrooms and deliberating putting them in the beef wellingtons.

She says after the lunch Patterson told multiple lies.

“She’s told lies upon lies because she knew the truth would implicate,” she says.

 
  • #1,299
12:43

Prosecution ends closing address​

Dr Rogers said the jury was 'in the best possible position' to determine the issues in this case which they should regard as a 'jigsaw puzzle'.
'And as the pieces were put together the picture starts to become clear,' Dr Rogers said.
Dr Rogers said the evidence proved beyond reasonable doubt Patterson was guilty.
'You must not feel sorry for the accused in the position she's facing these criminal charges,' she said.
'You might not understand it.'
Dr Rogers argued there was no reasonable alternative than Patterson deliberately killed her lunch guests.
'She's told lies upon lies because she knew the truth would implicate her,' she said.
Dr Rogers said Patterson's 'fifth deception' was on the jury itself.
The prosecutor said Patterson constructed a narrative in the witness box.
Dr Rogers also pointed to the fact that she claimed even her own children were wrong.
Dr Rogers pointed out all the key elements she claimed pointed to Patterson's guilt.
Dr Rogers said the jury should be satisfied Patterson intended to kill each of her lunch guests.


12:44

Defence commences closings: Prosecution case was 'flawed'​

Defence barrister Colin Mandy SC has begun his closing address to the jury.
'Is there a reasonable possibility that death cap mushrooms were put into this meal accidentally?' Mr Mandy asked the jury.
Mr Mandy said if the jury accepted Patterson also did not intend to kill her guests, they should acquit her.
He also described the prosecution's case as 'flawed'.


12:45

Defence lashes prosecution​

Mr Mandy said the prosecution had picked bits of evidence 'they liked' and glossed over other parts they didn't like.
He told the jury the prosecution had 'picked and chosen' evidence and 'constructed a case theory'.
'Cherry picking convenient fragments,' Mr Mandy said.
Mr Mandy said Patterson's daughter claimed she went to the toilet 'at least 10 times'.
'That’s not a vague recollection,' Mr Mandy said
'Yet the prosecution says dismiss that because she doesn't have any memory of going to Tyabb in the car.'

 
  • #1,300

Jury cannot accept Erin to be a 'truthful, honest and trustworthy witness': Crown​

Dr Rogers told the jurors they cannot accept the accused to be a “truthful, honest and trustworthy witness”.
“She has told too many lies and you should reject her evidence,” she said.
Dr Rogers reminded them there were parts of the case where they only had Erin’s account, such as picking and eating wild mushrooms, binge-eating and vomiting after the lunch and stopping to go to the toilet on the side of the road.
She encouraged the jury to not feel like the high stand of beyond reasonable doubt was a “high hurdle” or “insurmountable”.
“The pieces of evidence are like pieces of a jigsaw puzzle,” she said.
“As you start putting more and more pieces together … the picture starts to become clear.
“You should always take a step back and look at the case as a whole.”
She told the jurors they may think the crimes the accused is alleged to have committed are “too horrible, too cold and beyond your comprehension”.
“Don’t let your emotional reaction dictate your verdict,” she said.

 
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