Monstradamus
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Australia - 3 dead after eating wild mushrooms, Leongatha, Victoria, Aug 2023 #14 *Arrest*
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Key Event
Just now
Human memory can be faulty, defence tells jury
By Joseph Dunstan
Mr Mandy then spends some time speaking to the jury about the nature of human memory and its fallibility.
He says different emphases might be placed on things depending on the context and what was important.
"People have imperfect and honestly mistaken memories," he says.
"You may have an experience of telling a story to a group of people ... And someone is there and says 'nah that didn't happen' ... those sorts of things happen in our everyday lives and it can happen also in courtrooms, when things get recounted.
"Details get emphasised, details get minimised ... details get unconsciously altered based on what seemed the most important memorable thing."
Just now
Human memory can be faulty, defence tells jury
By Joseph Dunstan
Mr Mandy then spends some time speaking to the jury about the nature of human memory and its fallibility.
He says different emphases might be placed on things depending on the context and what was important.
"People have imperfect and honestly mistaken memories," he says.
"You may have an experience of telling a story to a group of people ... And someone is there and says 'nah that didn't happen' ... those sorts of things happen in our everyday lives and it can happen also in courtrooms, when things get recounted.
"Details get emphasised, details get minimised ... details get unconsciously altered based on what seemed the most important memorable thing."
3m ago12.50 AEST
Rogers says there are inconsistencies Patterson cannot account for so she ignores them or says witnesses, including her children, are wrong.
“Focus on the evidence,” she says.
“Remember to combine all the evidence in this case.”
Rogers says this includes Patterson preparing and allocating the meal, that she was the only one who consumed the meal and did not fall seriously ill, familiarity with the citizen science website iNaturalist website and the observation map for death cap mushrooms.
She also points to cell tower evidence consistent with her phone being in the two locations in Gippsland where death cap mushrooms were sighted and reported on iNaturalist in April and May 2023, photos of the mushrooms Patterson was dehydrating months before the lunch which are consistent in appearance with death cap mushrooms and remnants of death caps found in the dehydrator.
“When you consider all of the evidence in combination, we suggest, you will be satisfied that the accused deliberately sourced death caps and deliberately served death caps,” Rogers says.
“Those conclusions, we suggest, will lead you to be satisfied beyond reasonable doubt that the accused is guilty of each of the four charges on the indictment.”
Rogers has concluded her closing address.
Prosecutor concludes closing address
On Monday, Rogers told the jury that Patterson had made four calculated deceptions. She says Patterson has also played a “fifth deception” in her story she told the jury.Rogers says there are inconsistencies Patterson cannot account for so she ignores them or says witnesses, including her children, are wrong.
“Focus on the evidence,” she says.
“Remember to combine all the evidence in this case.”
Rogers says this includes Patterson preparing and allocating the meal, that she was the only one who consumed the meal and did not fall seriously ill, familiarity with the citizen science website iNaturalist website and the observation map for death cap mushrooms.
She also points to cell tower evidence consistent with her phone being in the two locations in Gippsland where death cap mushrooms were sighted and reported on iNaturalist in April and May 2023, photos of the mushrooms Patterson was dehydrating months before the lunch which are consistent in appearance with death cap mushrooms and remnants of death caps found in the dehydrator.
“When you consider all of the evidence in combination, we suggest, you will be satisfied that the accused deliberately sourced death caps and deliberately served death caps,” Rogers says.
“Those conclusions, we suggest, will lead you to be satisfied beyond reasonable doubt that the accused is guilty of each of the four charges on the indictment.”
Rogers has concluded her closing address.
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Monstradamus
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Id say "out the yin yang" in that instance
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I know one person who does, and she is a major foodie and dehydrates all sorts of things, like berries, fruit, etc. She would never dehydrate mushrooms because you can buy them dehydrated, and powdered already, and fresh is usually best anyway. She does it to make her own dried fruit snacks without preservatives for her child who has allergies, more so than preserving anything.
12.54pm
Evidence heard in the trial indicated the lunch invitation involved “a serious medical issue” Erin Patterson wanted to discuss. The accused woman told the trial she invited her in-laws because she had enjoyed their company at a lunch the previous month. She said she invited the Wilkinsons because she wanted to get close to them and thank Heather for helping with Patterson’s daughter.
“She lied when she said she had never told the lunch guests that she had a cancer diagnosis,” Rogers said.
“You heard the evidence of Ian Wilkinson and what Don Patterson told [Erin’s estranged husband] Simon about that.”
Rogers said that when Patterson sat in the witness box and said she was planning to have gastric bypass surgery, that was another lie.
“The defence will argue this was not a lie. They will say she did have an appointment ... to discuss weight loss options. But that is not what she said to you in her evidence,” Rogers told the jury.
Patterson told defence barrister Colin Mandy, SC, in her evidence that she was anxious and stressed about the gastric bypass and that she did not want to tell anyone.
Rogers said that when pressed under cross-examination, Patterson said had an appointment about a gastric bypass scheduled for early September 2023.
Patterson said she wanted the surgery to regain control of what she ate and described her appointment as “not the surgery itself but a pre-surgery appointment”, Rogers told the jury in her closing address.
A statement from the clinic provided to Patterson stated that it didn’t offer and never had offered gastric bypass surgery, Rogers said.
Under questioning from her barrister, Patterson tried to say that she meant to say she was looking at options raging from a gastric bypass to liposuction, and the appointment scheduled for September 2023 was to discuss those options.
“There’s no way that the accused’s earlier evidence can be twisted to fit that new [claim]. What the accused plainly said was that she was going to have surgery soon,” Rogers told the jury.
www.theage.com.au
Cancer claim was a lie: prosecutor
By
Erin Patterson’s evidence about why she had invited her in-laws, Don and Gail Patterson, along with Ian and Heather Wilkinson, to lunch on July 29, 2023, was also a lie, prosecutor Nanette Rogers, SC, told the jury.Evidence heard in the trial indicated the lunch invitation involved “a serious medical issue” Erin Patterson wanted to discuss. The accused woman told the trial she invited her in-laws because she had enjoyed their company at a lunch the previous month. She said she invited the Wilkinsons because she wanted to get close to them and thank Heather for helping with Patterson’s daughter.
“She lied when she said she had never told the lunch guests that she had a cancer diagnosis,” Rogers said.
“You heard the evidence of Ian Wilkinson and what Don Patterson told [Erin’s estranged husband] Simon about that.”
Rogers said that when Patterson sat in the witness box and said she was planning to have gastric bypass surgery, that was another lie.
“The defence will argue this was not a lie. They will say she did have an appointment ... to discuss weight loss options. But that is not what she said to you in her evidence,” Rogers told the jury.
Patterson told defence barrister Colin Mandy, SC, in her evidence that she was anxious and stressed about the gastric bypass and that she did not want to tell anyone.
Rogers said that when pressed under cross-examination, Patterson said had an appointment about a gastric bypass scheduled for early September 2023.
Patterson said she wanted the surgery to regain control of what she ate and described her appointment as “not the surgery itself but a pre-surgery appointment”, Rogers told the jury in her closing address.
A statement from the clinic provided to Patterson stated that it didn’t offer and never had offered gastric bypass surgery, Rogers said.
Under questioning from her barrister, Patterson tried to say that she meant to say she was looking at options raging from a gastric bypass to liposuction, and the appointment scheduled for September 2023 was to discuss those options.
“There’s no way that the accused’s earlier evidence can be twisted to fit that new [claim]. What the accused plainly said was that she was going to have surgery soon,” Rogers told the jury.
Erin Patterson murder trial day 33 as it happened: Accused mushroom cook lied to authorities and in witness box, prosecutor says in concluding argument; defence argues no intent, panic explains actions
Inside courtroom four in Morwell, Patterson, on trial for murder, listened intently as prosecutor Nanette Rogers, SC, concluded her closing argument, and defence barrister Colin Mandy, SC, commenced his.
12:54
He said Patterson's claims had been consistent and given to lots of people who had been asking different questions.
Mr Mandy called on the jury to remember their own experiences in how people behave.
'They respond to a specific question that's asked,' Mr Mandy said.
Mr Mandy suggested people can tell a story differently at times and it was ordinary human behaviour.
The defence barrister also told the jury Patterson spoke to 21 different witnesses in 24 hours and each were asking her different things.
'Time can also play a factor,' Mr Mandy said.
12:55
But Mr Mandy said Dr Webster gave a different answer to a question at the trial than what he had given during a pre-trial hearing.
Another example, Mr Mandy said, was nurse Kylie Ashton who said the first time the kids were mentioned was when Patterson arrived at Leongatha Hospital the first time.
Mr Mandy said Ms Ashton was mistaken but he told the jury Ms Ashton said she was right.
www.dailymail.co.uk
Defence claimed prosecution 'ignored how humans behave'
Mr Mandy said the Crown 'ignored the nuance about how human beings behave'.He said Patterson's claims had been consistent and given to lots of people who had been asking different questions.
Mr Mandy called on the jury to remember their own experiences in how people behave.
'They respond to a specific question that's asked,' Mr Mandy said.
Mr Mandy suggested people can tell a story differently at times and it was ordinary human behaviour.
The defence barrister also told the jury Patterson spoke to 21 different witnesses in 24 hours and each were asking her different things.
'Time can also play a factor,' Mr Mandy said.
12:55
Defence highlights inconsistent witness evidence
Mr Mandy pointed to evidence by Dr Chris Webster, describing him as a 'confident witness'.But Mr Mandy said Dr Webster gave a different answer to a question at the trial than what he had given during a pre-trial hearing.
Another example, Mr Mandy said, was nurse Kylie Ashton who said the first time the kids were mentioned was when Patterson arrived at Leongatha Hospital the first time.
Mr Mandy said Ms Ashton was mistaken but he told the jury Ms Ashton said she was right.
Erin Patterson mushroom murder trial LIVE updates
Follow Daily Mail Australia's live coverage of accused mushroom chef Erin Patterson's murder trial here.
1m ago04.01 BST
He says the jury’s consideration needs to come down to two issues. First, whether there is a reasonable possibility that death cap mushrooms were put into the beef wellingtons accidentally.
Second, whether there is a reasonable possibility that Patterson did not intend to kill or cause serious injury to her guests.
He says if either of these are a reasonable possibility the jury must find Patterson not guilty.
“That’s the law,” he says.
He says the prospection has a “flawed approach” in analysing the evidence.
“The prospection has just made an argument. That’s not evidence,” he says.
Mandy says the prosecution has selected parts of the evidence that suits their argument while “discarding inconvenient truths”.
Defence begins closing address to jury
Patterson’s defence lawyer, Colin Many SC, is delivering his closing address to the jury.He says the jury’s consideration needs to come down to two issues. First, whether there is a reasonable possibility that death cap mushrooms were put into the beef wellingtons accidentally.
Second, whether there is a reasonable possibility that Patterson did not intend to kill or cause serious injury to her guests.
He says if either of these are a reasonable possibility the jury must find Patterson not guilty.
“That’s the law,” he says.
He says the prospection has a “flawed approach” in analysing the evidence.
“The prospection has just made an argument. That’s not evidence,” he says.
Mandy says the prosecution has selected parts of the evidence that suits their argument while “discarding inconvenient truths”.
13:01
'Dr Foote said at 10.30am [during Patterson's second visit to Leongatha Hospital] she first learnt about the kids possibly eating the mushrooms,' Mr Mandy said.
He said both Dr Webster and Dr Foote were very concerned about the kids and had they known about it at 8.10am 'what do you think Dr Webster would have done with that information?'.
Mr Mandy suggested he would have 'fired into action' to try and find the children.
Mr Mandy also suggested Ms Ashton did not tell the other doctors about the kids.
Mr Mandy said it was an example of an 'honest mistake' by a witness.
He also said the prosecution had a duty to present a fair case to the jury.
The trial is on a break and will resume at 2.15pm.
www.dailymail.co.uk
Questions over doctors' responses to kids eating leftovers
Mr Mandy said Dr Veronica Foote didn't mention being told by Ms Ashton about the kids eating leftovers.'Dr Foote said at 10.30am [during Patterson's second visit to Leongatha Hospital] she first learnt about the kids possibly eating the mushrooms,' Mr Mandy said.
He said both Dr Webster and Dr Foote were very concerned about the kids and had they known about it at 8.10am 'what do you think Dr Webster would have done with that information?'.
Mr Mandy suggested he would have 'fired into action' to try and find the children.
Mr Mandy also suggested Ms Ashton did not tell the other doctors about the kids.
Mr Mandy said it was an example of an 'honest mistake' by a witness.
He also said the prosecution had a duty to present a fair case to the jury.
The trial is on a break and will resume at 2.15pm.
Erin Patterson mushroom murder trial LIVE updates
Follow Daily Mail Australia's live coverage of accused mushroom chef Erin Patterson's murder trial here.
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Key Event
Just now
Honest mistakes occur in evidence, defence tells jury
By Joseph Dunstan
Mr Mandy tells the jury an example of imperfect evidence came from nurse Kylie Ashton, who told the court about Erin Patterson's visit to Leongatha Hospital the Monday after the lunch.
He says she'd initially told the court that the notion that Ms Patterson's children had eaten the leftovers was raised during the accused's first visit to the hospital and she'd discussed it with doctors.
But Ms Mandy tells the jury this was not a detail supported by evidence from the doctors and it would be "inconceivable" that they had known about the children at that time and not taken more urgent action.
He suggests the nurse may have learnt about the children later and made an honest mistake in her evidence.
At this stage, the court breaks for lunch.
Just now
Honest mistakes occur in evidence, defence tells jury
By Joseph Dunstan
Mr Mandy tells the jury an example of imperfect evidence came from nurse Kylie Ashton, who told the court about Erin Patterson's visit to Leongatha Hospital the Monday after the lunch.
He says she'd initially told the court that the notion that Ms Patterson's children had eaten the leftovers was raised during the accused's first visit to the hospital and she'd discussed it with doctors.
But Ms Mandy tells the jury this was not a detail supported by evidence from the doctors and it would be "inconceivable" that they had known about the children at that time and not taken more urgent action.
He suggests the nurse may have learnt about the children later and made an honest mistake in her evidence.
At this stage, the court breaks for lunch.
That is why I bought my first dehydrator 40 some years ago. I made fruit leather without preservatives and colorings, then moved on to jerkies. I wore that machine out about 15 years ago and had to replace it. I know at least five other people who own one. All gardeners like myself. We all also can food.
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'No reasonable alternative explanation' for tragic deaths
Nearing the end of her closing address, Dr Rogers declared that there was “no reasonable alternative explanation” for what happened other than the accused deliberately sourcing death caps and deliberately including them in the meal “with an intention to kill”.“Erin told so many lies that it’s hard to keep track of them,” she said.
“Lies upon lies … because she knew the truth would implicate her.”
At the start of her address, Dr Rogers told the jury the prosecution alleges the accused made “four calculated deceptions” before and after committing murder.
But she said there was one more, a fifth deception.
“The deception she has tried to play on you, the jury,” she declared.
Dr Rogers said when Erin realised her lies were unravelling, she manufactured a “carefully constructed narrative”.
“Almost,” she added.
“There are some inconsistencies that she just cannot account for.”
She said, when it came to the inconsistencies, Erin simply ignores them, says she cannot remember them or says people are wrong, including her own children.
Dr Rogers said the evidence shows:
She prepared and allocated the meal;
She was the only person who consumed the meal, but did not fall seriously ill;
She was familiar with the iNaturalist website;
Her phone was in the very two locations in Gippsland where death caps had been sighted and recorded in April and May 2023;
She was dehydrating mushrooms consistent with death caps and remnants of death caps were found in her dehydrator;
She concealed her actions, including by dumping her dehydrator and concealing her real phone; and
She told “many, many lies” about the true source of the mushrooms.
“When you consider all of the evidence, we suggest you will be satisfied … she deliberately sourced death caps, deliberately served death caps to Don, Gail, Ian and Heather … and did so intending to kill them,” she said.
Dr Rogers told the jurors the conclusion they should reach is that the accused is guilty of each of the four charges.
She thanked them, before taking her seat.
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You and my friend are the type of people I imagine its normal to have one. Erin is so far from that kind of person. She doesn't garden, she hardly goes outside, she plays lego, spends all of her day on the internet and facebook, she is "nerdy", not an outdoorsy type, she isn't a good cook, she doesn't forage or preserve foods, etc. It just doesn't make any sense, tbh!
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Shortened, and bold, by me.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.'
Erin Patterson mushroom murder trial LIVE updates
Follow Daily Mail Australia's live coverage of accused mushroom chef Erin Patterson's murder trial here.
I can go to the toilet 457 times, it doesn't mean I'm actively using said toilet for toileting activities. Unless the daughter was camping out front of the toilet, how would she know what her mother was doing in there? The easiest thing to do if you're faking diarrhoea is head to the toilet 10 times or more.
The few people I know with dehydrators use them for drying excess home grown produce and things like chicken fillets for long lasting dog treats.
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More like explosive lie-arrhea.
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