Australia - 3 dead after eating wild mushrooms, Leongatha, Victoria, Aug 2023 #15 *Arrest*

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  • #1,221
Funny that supposedly happened when the "children briefly left the room". :rolleyes:

Sounds as if the jury will have to use its own memory, if it wants to remember the disputed testimony.

imo

It may not be in the "chronology", but the jurors only need to refer to the testimony transcripts for the testimony details.
 
  • #1,222
  • #1,223
Key Event
2m ago

Justice Beale recalls Erin Patterson's evidence around her interest in mushrooms​

By Melissa Brown​

Justice Beale says Erin Patterson gave evidence about her tendency to forage for wild mushrooms.

He summarises her evidence to court and says her interest starting during the first COVID lockdown in 2020 while walking with her children.

She told the court she loved the taste of mushrooms and said they were healthy.

In her evidence Ms Patterson said she also bought mushrooms from farmers markets, grocery stores and Asian grocers in Melbourne.

Justice Beale says Ms Patterson gave evidence that she liked exotic mushrooms because they had more flavour and noticed wild mushrooms growing around Korumburra, Leongatha and her own property.

He says she told the court about Facebook groups for mushroom lovers, and she posted photos there for members' opinions, and that she started eating them once she was confident about what they were.

He says she accepted that death cap mushrooms were in the beef Wellingtons and that most of the mushrooms she bought for the meal were purchased from Woolworths, and some from an Asian grocer in Melbourne.

Key Event
1m ago

Erin Patterson's evidence on the dehydrator​


By Melissa Brown​

Justice Beale touches on Erin Patterson's evidence about buying a food dehydrator.

He says she dehydrated mushrooms she foraged not long after buying the appliance on April 28, 2023.

Justice Beale points to photos taken from a device found at Ms Patterson's home and her evidence about picking mushrooms at Korumburra Botanic Gardens and her experiment with drying them.

He says she said she weighed them because of the need to get all the water out of them to preserve them.

He then goes through the species she said she found while foraging on walks with her children, including not eating some that she didn't recognise.

 
  • #1,224
11:46

Jury reminded about Patterson's claim she foraged for mushrooms​

Justice Beale told the jury about 'tendency evidence' in which Patterson claimed she had an interest in foraging for wild mushrooms.
He said Patterson said she picked and ate wild mushrooms during the Covid pandemic which she foraged while going on walks in the Korumburra Botanical Gardens and at her three-acre Korumburra property.
Justice Beale said Patterson claimed she picked all the mushrooms at her property because she didn't know if they would be harmful to her dog.
Patterson also claimed she picked mushrooms at a rail trail to Leongatha and at her Leongatha property.

 
  • #1,225
11:57

Jury reminded of Patterson's dehydrator use​

The jury has been reminded that Patterson (legal team pictured) conceded there were death cap mushrooms in the beef Wellingtons.
Justice Beale said Patterson claimed to have bought some mushrooms from an Asian grocer and she bought the dehydrator 'for a few reasons'.
Patterson said she preserved mushrooms in the dehydrator, but she also used the appliance to preserve 'a whole range of things'.
'She dehydrated mushrooms within days of buying the machine,' Justice Beale said.
The judge pointed the jury to text messages Patterson had sent about the dehydrator at the time.
The jury was also reminded of images obtained from her devices which showed mushrooms Patterson claimed she had picked from the local gardens.
Justice Beale said Patterson claimed she tried to dry whole mushrooms, but they turned out 'a bit mushy'.
He said Patterson mentioned oak trees in the gardens and recalled picking some mushrooms 'near' those trees.
The jury previously heard evidence death caps were symbiotic to oak trees.
Justice Beale said Patterson claimed to have put dehydrated mushrooms in the same container as some pre-bought dried mushrooms.
The jury was reminded images on an SD card, found by police during their second search, showed her kids on the 'rail trail' and of wild mushrooms.
Patterson claimed to have taken the photos herself.

 
  • #1,226
3m ago11.55 AEST

Mushroom foraging​

Beale turns to the tendency evidence in the case.

He says the jury has heard evidence from Patterson about her tendency to forage for wild mushrooms.

Patterson said her interest in mushrooms began in 2020 during walks in the first Covid lockdown, the court hears. She said she would buy dried mushrooms to use in cooking from Asian grocery stores while staying in Melbourne during school holidays.

Patterson told the jury she found mushroom Facebook groups and would post photos in these, Beale says.

Patterson said she began consuming wild mushrooms when she was confident what they were. She said the first time was after she discovered one near her home in Korumburra.

Patterson said she bought a dehydrator to preserve mushrooms so she could eat them throughout the year.

 
  • #1,227
Key Event
1m ago

We're brought to a computer search of death cap mushrooms​

By Melissa Brown​

He recalls Ms Patterson's evidence about buying mushrooms from an Asian grocer that smelt pungent so she didn't use them for the dish she planned.

She instead stored them in a container.

He goes through photos that show Ms Patterson's children in some of the areas she says she foraged mushrooms.

He says Ms Patterson gave evidence that after she bought the dehydrator she took photos of it and shared them with her Facebook friends, but admitted lying to police about owning one.

He says she also admitted to lying about not foraging for mushrooms.

He says Ms Patterson gave evidence that she knew about toxic mushrooms in the area and looked up whether death cap mushrooms grew in the South Gippsland area.

He says Ms Patterson said it was possible she did a computer search that landed on the iNaturalist website post about death cap mushrooms just before a dinner order was made from the Korumburra Middle Pub.

 
  • #1,228
12:02

Patterson looked up death cap mushrooms​

Justice Beale told the jury Patterson admitted telling lies to police during her interview.
These included lies she had never foraged for mushrooms.
'And she found out about death cap mushrooms too, and she looked up whether they grew in South Gippsland,' Justice Beale said
Justice Beale said Patterson's Cooler Master PC, seized on August 5, contained evidence of searches made to the iNaturalist website.
Patterson suggested to the jury it was likely her who made those searches.
Justice Beale said Patterson remembered ordering food shortly after a search on the iNaturalist site but she claimed she mostly used her phone to look up 'such things'.

1m ago

The conflicting evidence about foraging​


By Melissa Brown​

Justice Beale says she told the court the children saw her picking mushrooms and that they also picked some at one point.

Justice Beale then refers to Erin Patterson's son's interview with police in which he says he didn't remember his mother picking mushrooms.

Justice Beale then refers to similar evidence from Ms Patterson's daughter.

He says she disagreed that she didn't go foraging for non-toxic mushrooms.

He refers to the lack of messages between Erin and Simon Patterson about picking and eating wild mushrooms.

 
  • #1,229
11:46

Jury reminded about Patterson's claim she foraged for mushrooms​

Justice Beale told the jury about 'tendency evidence' in which Patterson claimed she had an interest in foraging for wild mushrooms.
He said Patterson said she picked and ate wild mushrooms during the Covid pandemic which she foraged while going on walks in the Korumburra Botanical Gardens and at her three-acre Korumburra property.
Justice Beale said Patterson claimed she picked all the mushrooms at her property because she didn't know if they would be harmful to her dog.
Patterson also claimed she picked mushrooms at a rail trail to Leongatha and at her Leongatha property.

Justice Beale said Patterson claimed she picked all the mushrooms at her property because she didn't know if they would be harmful to her dog.

Bad luck about her lunch guests...
 
  • #1,230
12:11

Jury reminded about Patterson's foraging history​

The jury was told Patterson agreed she had discussed her personal life to online friends but she couldn't remember if she'd ever discussed cooking or foraging wild mushrooms
Justice Beale said Patterson agreed, after being transferred to Monash Hospital on July 31, 2023, she spoke to a doctor who asked her about foraged mushrooms in the beef Wellington.
Patterson also disagreed with her daughter's claims she had never foraged.
The jury was also reminded that in more than 4,000 text messages between Patterson and Simon (pictured), none involved discussions about foraging.

 
  • #1,231
Key Event
2m ago

Justice Beale recalls Erin Patterson's evidence around her interest in mushrooms​

By Melissa Brown​

Justice Beale says Erin Patterson gave evidence about her tendency to forage for wild mushrooms.

He summarises her evidence to court and says her interest starting during the first COVID lockdown in 2020 while walking with her children.

She told the court she loved the taste of mushrooms and said they were healthy.

In her evidence Ms Patterson said she also bought mushrooms from farmers markets, grocery stores and Asian grocers in Melbourne.

Justice Beale says Ms Patterson gave evidence that she liked exotic mushrooms because they had more flavour and noticed wild mushrooms growing around Korumburra, Leongatha and her own property.

He says she told the court about Facebook groups for mushroom lovers, and she posted photos there for members' opinions, and that she started eating them once she was confident about what they were.

He says she accepted that death cap mushrooms were in the beef Wellingtons and that most of the mushrooms she bought for the meal were purchased from Woolworths, and some from an Asian grocer in Melbourne.

Key Event
1m ago

Erin Patterson's evidence on the dehydrator​

By Melissa Brown​

Justice Beale touches on Erin Patterson's evidence about buying a food dehydrator.

He says she dehydrated mushrooms she foraged not long after buying the appliance on April 28, 2023.

Justice Beale points to photos taken from a device found at Ms Patterson's home and her evidence about picking mushrooms at Korumburra Botanic Gardens and her experiment with drying them.

He says she said she weighed them because of the need to get all the water out of them to preserve them.

He then goes through the species she said she found while foraging on walks with her children, including not eating some that she didn't recognise.

He says she told the court about Facebook groups for mushroom lovers, and she posted photos there for members' opinions, and that she started eating them once she was confident about what they were.

So why didn't she research the Death Caps after she foraged them, before she used them? 🤔
 
  • #1,232
Key Event
1m ago

Justice Beale touches on the prosecution and defence cases​


By Melissa Brown​

Justice Beale says the defence outlined how Ms Patterson loved mushrooms and said the fact her children can't remember her picking mushrooms was just that "they were young kids" and it didn't mean that she didn't forage.

There was evidence by a mushroom expert that more people began foraging for mushrooms during COVID, he reminded the jury.

He says the defence suggested that Ms Patterson's "possible" visit to the iNaturalist post about death cap mushrooms was not sinister, that she did not conceal the fact that she had bought a dehydrator from her Facebook friends, that she gave a consistent account throughout her testimony, and there was no evidence of her intention to poison her relatives.

Justice Beale says the prosecution alleges she is a self-confessed liar, that her children had no knowledge of their mum's foraging for edible mushrooms, there were no messages to friends or family nor books on foraging, and asserted that her claims of being interested in foraging was a recent invention.

He says the jury must weigh all this up in its deliberations.

 
  • #1,233
12:11

Jury reminded about Patterson's foraging history​

The jury was told Patterson agreed she had discussed her personal life to online friends but she couldn't remember if she'd ever discussed cooking or foraging wild mushrooms
Justice Beale said Patterson agreed, after being transferred to Monash Hospital on July 31, 2023, she spoke to a doctor who asked her about foraged mushrooms in the beef Wellington.
Patterson also disagreed with her daughter's claims she had never foraged.
The jury was also reminded that in more than 4,000 text messages between Patterson and Simon (pictured), none involved discussions about foraging.

Patterson also disagreed with her daughter's claims she had never foraged.

Simon wasn't aware of her foraging mushroom either.
 
  • #1,234

Tendency evidence​

Justice Beale told the jury they heard evidence from Patterson that she had a tendency to forage for edible wild mushrooms from 2020 onwards.

He then summarised the testimony provided by Patterson, which included details about her interest in mushroom and foraging, evidence about the dehydrator, and death cap mushroom searches on her computer.

He said if the jury accept she had that tendency, they can use that information while weighing up the evidence.

 
  • #1,235
2m ago03.17 BST
Patterson said she bought dried mushrooms from an Asian grocer but due to their strong smell did not include them in the meal she had planned to, Beale says.

She said she put the dried mushrooms she bought from an Asian grocer in the months before the lunch into a Tupperware container that already contained fungi, the court hears.

Patterson has admitted to lying about not foraging for mushrooms and lying to police about not owning a dehydrator.

She testified that she looked up whether death cap mushrooms grew in the South Gippsland region. Patterson said it was possible she searched for this and ended up on an iNaturalist post about death cap mushrooms.

Patterson agreed she told her Facebook friends things about her personal life and what she cooked, including mushrooms. She said she did not know if she discussed foraging and cooking wild mushrooms with them, Beale says.

She said she didn’t lie to Dr Laura Muldoon while at Monash hospital, when asked if she put foraged mushrooms in the beef wellingtons, the court hears.

Patterson says she did pick wild mushrooms in the period ranging from 28 April 2023 to the day of the lunch on 29 July 2023.

 
  • #1,236
12:19

Patterson claimed her interest in death caps wasn't 'sinister'​

The defence said Patterson loved mushrooms and the fact kids don't remember her foraging was simply because they were 'just kids', the jury was told.
Justice Beale said Patterson gave evidence of foraging and said her interest in death caps 'wasn't sinister'.
Justice Beale also said Patterson claimed she dehydrated Woolworths-bought mushrooms and stored them.
Patterson also said she had a mixed container with Woolworths mushrooms and other dried mushrooms.
The jury heard Patterson agreed she told health department officer Sally Ann Atkinson (pictured) she bought dried mushrooms and used them.
Patterson also said autumn was the season to pick mushrooms and the reason she never mentioned foraging in messages to her online friends was because it was not mushroom season when those conversations took place.

 
  • #1,237
Key Event
3m ago

Hearsay evidence and different coloured plates​


By Melissa Brown​

Justice Beale says he must give directions about hearsay evidence — that is evidence witnesses say they heard other say.

He says Simon Patterson spoke about Heather Wilkinson's claims about Ms Patterson serving herself lunch on a different coloured plate than her guests.

He says Simon also gave evidence about driving Ian and Heather Wilkinson to hospital, and Heather asking him if Ms Patterson was short on crockery.

He says Simon couldn't remember the exact wording or phrases she used.

Justice Beale then turns to Simon's evidence about talking to his parents in hospital and his father saying Ms Patterson had told the lunch guests she had cancer.

 
  • #1,238
5m ago03.24 BST

Defence and prosecution at odds over foraging​

Beale says Patterson said her children saw her picking mushrooms. Her children did not recall this when they gave evidence, the court hears.

He says the defence has argued Patterson loved mushrooms and her children not remembering this is because they were young kids. The defence said this did not mean Patterson didn’t forage.

The defence pointed to images of foraged mushrooms in the dehydrator and images of wild mushrooms recovered from the Samsung tablet that police seized from Patterson’s home.

The defence also argued Patterson didn’t hide the fact she bought a dehydrator, instead she broadcasted it to her Facebook friends. The defence argued she would not do this if she planned to use it to murder her in-laws.

There was no evidence of Patterson having a motive to kill her lunch guests by poisoning them with death cap mushrooms, the defence said.

The prosecution said Patterson was a self-confessed liar and the only evidence about her foraging habit came from her.

The pictures from the seized SD card was not evidence that Patterson ate the fungi, the prosecution said.

The prosecution also pointed to no messages to her Facebook friends about foraging for mushrooms.

Beale says the jury must take all this evidence into account to determine if Patterson deliberately put death cap mushrooms into the beef wellingtons.

 
  • #1,239
Key Event
3m ago

Hearsay evidence and different coloured plates​

By Melissa Brown​

Justice Beale says he must give directions about hearsay evidence — that is evidence witnesses say they heard other say.

He says Simon Patterson spoke about Heather Wilkinson's claims about Ms Patterson serving herself lunch on a different coloured plate than her guests.

He says Simon also gave evidence about driving Ian and Heather Wilkinson to hospital, and Heather asking him if Ms Patterson was short on crockery.

He says Simon couldn't remember the exact wording or phrases she used.

Justice Beale then turns to Simon's evidence about talking to his parents in hospital and his father saying Ms Patterson had told the lunch guests she had cancer.

He says Simon also gave evidence about driving Ian and Heather Wilkinson to hospital, and Heather asking him if Ms Patterson was short on crockery.

Heather worked it out. She was feeling extremely unwell and on the way to hospital and she asked Simon that question. She knew...
 
  • #1,240
12:26

Jury told about 'hearsay' evidence​

Justice Beale has now turned to hearsay evidence.
He said Simon claimed to have checked on the Wilkinsons the day after the lunch.
Justice Beale also said Simon said Heather (pictured left with Ian) noted Patterson served herself on a coloured plate that was different to the rest.
Simon also recalled Heather asked if Patterson was 'short of crockery', the jury was reminded.
Justice Beale also said Simon said once at hospital with his parents, his dad said Patterson had told them she had some tests, and it was 'the elbow issue' and was 'positive' for cancer.
The jury heard Don told Simon it was ovarian cancer and during the lunch they discussed chemotherapy and how to break the news to the kids.
12:27

Justice Beale warns jury to be careful when assessing hearsay evidence​

The jury was reminded lunch survivor Ian Wilkinson (pictured centre) also gave evidence his wife Heather remarked at hospital that Patterson had different coloured plates at the lunch.
Justice Beale said Mr Wilkinson had discussed it with Heather at Leongatha Hospital.
Heather had wondered why Patterson had a different coloured plate, the jury was reminded.
Justice Beale said it was for the jury to determine if they believed that hearsay evidence provided by Simon and Mr Wilkinson.
He warned hearsay evidence could be unreliable because the witness might not have accurately recalled what happened.
The trial is on a short break and will resume shortly.

 
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