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

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  • #61

Death cap mushroom sightings very rare, defence says​

Mr Mandy emphasises to the jury the rarity of death cap mushrooms in Gippsland.

"In terms of death cap mushrooms in Gippsland, they have only been observed twice, ever," Mr Mandy says.
He says the two sightings were by Dr Tom May and Christine McKenzie, who both served as witnesses in this trial.

"There's not one scrap of evidence that she actually saw those posts," he says.
Mr Mandy implies it is unlikely that Ms Patterson would have been poised and waiting for the incredibly rare sightings to be made before going to pick them.

"Extraordinarily, Erin Patterson acted on the only two sightings of death cap mushrooms ever … that's the prosecution case," he says.
 
  • #62

Defence references Gail Patterson's 70th birthday party​

The defence moves onto the latter part of 2022, reiterating the "good and loving relationship" Erin Patterson had with her in-laws.

Mr Mandy raises the "misunderstanding" that arose around Gail Patterson's 70th birthday party.

He says his client felt hurt when she believed she was left off the invite list.

Mr Mandy then reads Erin's apology to Simon to the jury, noting she is making the first move to apologise.

He tells the court that everything was resolved peacefully with no further conflict.

"One day, little spat, Erin's feeling hurt and left out, it's a complete misunderstanding ... she's got this wrong end of the stick and she's apologising. Totally inconsistent with the way a cold-blooded, calculating person would behave."
 
  • #63

Search for death cap was 'idle curiosity', defence says​

Mr Mandy says although he has confirmed his client's interest in foraging, it should not be tied to the events in July 2023.


Mr Mandy returns to the use of the computer to visit the iNaturalist website in May 2022.

He says that Erin Patterson's search for death cap mushrooms was a search of "idle curiosity" before she ordered dinner that night.

Mr Mandy says the roughly two minutes of time she spent on the page meant Ms Patterson only briefly wanted to see if they grew near here.
Curiosity 'idle' enough to then go and visit the 2 sites where they are most common. Oh, Mr Mandy, please!!
 
  • #64
2m ago11.48 AEST
Mandy says the jury have heard there had only been three reported sightings of death cap mushrooms in the Gippsland region.

The two confirmed sightings were by mycologist Dr Thomas May and retired pharmacist Christine McKenzie in the months prior to the lunch, the court hears.

He says these two sightings relied on people “who were very familiar with death cap mushrooms”.

Mandy says the crown’s case is that Patterson acted on the only two confirmed reported sightings of death cap mushrooms in South Gippsland.


“There’s not one scrap of evidence she actually saw those posts [on iNaturalist],” he says.

Mandy says there is also no evidence that Patterson returned to the iNaturalist website after May 2022.
 
  • #65

Amicable resolution to child support issues, defence says​

Mr Mandy moves to the child support issues that Erin and Simon had argued over.

Earlier in the trial, we heard that Simon Patterson had stopped paying for school fees and medical bills for their children following advice from experts.

Mr Mandy again says we are looking at messages with the benefit of hindsight, and submits that it is an "entirely unremarkable, minor blowup".

"It stands out in this case, because it's the only one, because these people are eternally polite to each other," he says.

"The Pattersons are always polite in their exchanges, so when Erin is honest about how she's feeling, that might have been a little bit confronting for them."
He dismisses the prosecution's argument that it proves Erin lived a "duplicitious life", and says it shows his client was honest and frank with the people she was closest with.
 
  • #66

No evidence of hatred of Pattersons, defence says​

Mr Mandy says that the prosecution has no other evidence of their claim that Erin led a double life and secretly mocked the Pattersons.

"There just no evidence anywhere apart from these messages … about anything like that," he says.

"This was an aberration in her dealings with the Pattersons, and there's nothing to say otherwise."

Funny how three factory resets can do that to evidence, hey Mandy?
 
  • #67
2m ago11.53 AEST
Mandy takes the jury to evidence of message exchanges in October 2022 when Pattersonreceived a late invitation to Gail’s 70th birthday party.

He reads Erin’s message to Simon in which she apologised for shouting at him.

“She’s making the first move to apologise,” Mandy says.

In Simon’s reply, he also apologised and said he wouldn’t call what either of them did shouting.

Mandy says this is not how a cold-blooded person would behave. He reminds the jury that it was a misunderstanding as Don and Gail had intended to invite Erin.
 
  • #68

Defence references Gail Patterson's 70th birthday party​

The defence moves onto the latter part of 2022, reiterating the "good and loving relationship" Erin Patterson had with her in-laws.

Mr Mandy raises the "misunderstanding" that arose around Gail Patterson's 70th birthday party.

He says his client felt hurt when she believed she was left off the invite list.

Mr Mandy then reads Erin's apology to Simon to the jury, noting she is making the first move to apologise.

He tells the court that everything was resolved peacefully with no further conflict.

"One day, little spat, Erin's feeling hurt and left out, it's a complete misunderstanding ... she's got this wrong end of the stick and she's apologising. Totally inconsistent with the way a cold-blooded, calculating person would behave."
One could argue that’s EXACTLY how a cold-blooded, calculating person would behave… if they had something further in mind.
 
  • #69

Facebook group was an 'echo chamber', defence says.​

The defence turns to Erin's online friends and the Facebook group chat they engaged in.

He called it a place to vent and an "echo chamber" for the women to share their lives.

Mr Mandy lists the participants in the group chat, two of whom we have heard from earlier in the trial: Danielle Barkley and Jenny Hay.

However, he notes a third witness we heard from, Christine Hunt.

"Christine Hunt was not and was never a part of that group," he says.

He tells the jury he will have more to say about Ms Hunt's testimony later.
 
  • #70
  • #71

Facebook group was an 'echo chamber', defence says.​

The defence turns to Erin's online friends and the Facebook group chat they engaged in.

He called it a place to vent and an "echo chamber" for the women to share their lives.

Mr Mandy lists the participants in the group chat, two of whom we have heard from earlier in the trial: Danielle Barkley and Jenny Hay.

However, he notes a third witness we heard from, Christine Hunt.

"Christine Hunt was not and was never a part of that group," he says.

He tells the jury he will have more to say about Ms Hunt's testimony later.

She absolutely was a part of that group. She wasn't a part of the personal chat group, but she was a part of the Facebook group and was involved heavily in the post-lunch discussions.
 
  • #72
Mr Mandy says the roughly two minutes of time she spent on the page meant Ms Patterson only briefly wanted to see if they grew near here.
Two minutes is an eternity of time for being on a webpage.
 
  • #73
Totally inconsistent with the way a cold-blooded, calculating person would behave."


But Erin has never had a Mental Health Assessment done before her trial

Has he explained what the disturbing pictures and words are on Erin Patterson's wall?

Something the jury would be interested in as part of the progress

It's certainly not normal, and Erin quickly tradies in to paint the wall so the property could be sold


With gravestones and death,

You don’t long to live 1 hour exactly,” one section reads.

“Your dead from my sword,” another says.

Underneath two stick figures of a male and female are the words “I am dead” and “no I am really dead”, above what appear to be three tombstones.

One of the tombstones appears to say “grandma R.I.P.” while the third reads “ME R.I.P.”


1750212228389.webp
 
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  • #74
2m ago03.03 BST
Erin Patterson’s defence says her disagreement with Simon over child support and school fees a ‘minor thing’

Mandy recalls the evidence about Erin and Simon Patterson’s disagreement about child support payments and school fees in late 2022.

Regarding child support, Mandy says Erin was now eligible for an entitlement she hadn’t received before.

“It wasn’t a change for her,” he says.

Mandy says a “fair reading” of messages from the group chat with Erin, Simon and his parents from December 2022 suggests things became “petty” at this point.

He says the disagreement was a “minor thing”. But he says the correspondence stands out because it is the only disagreement between Erin Patterson and her in-laws in the evidence.

“These people are eternally polite to each other,” Mandy says.

The Pattersons are always polite in their exchanges so when Erin is being honest about how she is feeling, that might have been a little bit confronting for them. It wasn’t rude. It wasn’t aggressive. She was standing up for herself and being direct.
Mandy says the prosecution argued Patterson lived a “duplicitous” life by portraying one side of herself to Simon and his family and another to her online friends.

“It should be obvious to you … when she’s upset about something, she raises it with the people she’s upset with … she’s not secret,” he says.

She’s not hiding it, she’s not pretending that everything is OK. She’s expressing it.
Mandy says there is no evidence Pattrson had been complaining about the Pattersons for years.
 
  • #75

'Idle curiosity' behind death cap searches: Defence​

After a short break, Mr Mandy focused on the search Erin conducted on the computer on May 28, 2022.
He confirmed she visited citizen science website iNaturalist, specifically a world map showing the locations of death caps and a sighting of death caps in Moorabbin.
He reminded the jury it was not the prosecution case that the search had anything to do with preparing or planning the lunch.
Mr Mandy said it was a “very brief interaction” with the website to find out or “make sure” that death caps do not grow in South Gippsland.
The jury was reminded of the evidence of mycologist Dr Tom May, who confirmed no sightings of death caps in Gippsland had been posted to iNaturalist in May 2022.
Mr Mandy continued by saying Erin’s visit to iNaturalist was “idle curiosity”.
“This was not a person carefully (researching) this information,” he said.
He added that it did not prove that she had a “deep and abiding interest in this subject matter”.
Dr May also confirmed, he said, that only two sightings of death caps in Gippsland had ever been posted to iNaturalist, in April and May 2023.
Mr Mandy said it was “remarkable” that the prosecution case was Erin “sitting there, waiting for them”.
Gesturing with his hands, Mr Mandy pretended to be refreshing a website, repeatedly tapping on the lectern with his finger.
“Ah!” he exclaimed, acting out the allegation that Erin stumbled across the first sighting in April 2023.
“How likely is that?” he asked.
“Isn’t it more likely that death caps were growing somewhere else?”
He told the jury it was possible death caps were growing in other areas of Gippsland, but no one had posted sightings to iNaturalist.
“It’s not unlikely they were growing in other places,” he said.

 
  • #76

'Idle curiosity' behind death cap searches: Defence​

After a short break, Mr Mandy focused on the search Erin conducted on the computer on May 28, 2022.
He confirmed she visited citizen science website iNaturalist, specifically a world map showing the locations of death caps and a sighting of death caps in Moorabbin.
He reminded the jury it was not the prosecution case that the search had anything to do with preparing or planning the lunch.
Mr Mandy said it was a “very brief interaction” with the website to find out or “make sure” that death caps do not grow in South Gippsland.
The jury was reminded of the evidence of mycologist Dr Tom May, who confirmed no sightings of death caps in Gippsland had been posted to iNaturalist in May 2022.
Mr Mandy continued by saying Erin’s visit to iNaturalist was “idle curiosity”.
“This was not a person carefully (researching) this information,” he said.
He added that it did not prove that she had a “deep and abiding interest in this subject matter”.
Dr May also confirmed, he said, that only two sightings of death caps in Gippsland had ever been posted to iNaturalist, in April and May 2023.
Mr Mandy said it was “remarkable” that the prosecution case was Erin “sitting there, waiting for them”.
Gesturing with his hands, Mr Mandy pretended to be refreshing a website, repeatedly tapping on the lectern with his finger.
“Ah!” he exclaimed, acting out the allegation that Erin stumbled across the first sighting in April 2023.
“How likely is that?” he asked.
“Isn’t it more likely that death caps were growing somewhere else?”
He told the jury it was possible death caps were growing in other areas of Gippsland, but no one had posted sightings to iNaturalist.
“It’s not unlikely they were growing in other places,” he said.


I often randomly research for lethal toxins out of idle curiosity, the same toxins that so happen to kill a bunch of people I made lunch for, doesn't everyone? 😒 Come on Mr Mandy!

IMO only.
 
  • #77
Key Event
6m ago

Prosecution has been 'selective' with group chat messages, defence says​


By Judd Boaz​

Mr Mandy says Erin Patterson barely spoke to the group over the phone or in person, meaning the vast majority of her communications would be seen in the messages provided to the jury.

The defence suggests these provided messages are incomplete.

"Only six pages provided to you by the prosecution, being selective. They do not contain complete communications from Erin," he says.

Mr Mandy tells the jury that they too would have their own different ways of presenting themselves, depending on who they are speaking to.

"Always polite to your grandmother, and swearing like a trooper when you're with your mates. Or maybe the other way around if you've got a really cool grandmother and nerdy friends."

Key Event
3m ago

Eye-roll emojis analysed, defence says​


By Judd Boaz​

The defence moves to emojis that Erin Patterson sent to messages regarding the Pattersons praying for her.

Mr Mandy says that sometimes, a person may send a message or emoji and then regret it 30 seconds later.

"In the heat of the moment, Erin might have thought that prayer wasn't going to go very far," he says.

"Then she uses, and she acknowledges this, some regrettable words and phrases."

During her testimony, Erin contested the prosecution's claim that the emojis used were "eye-roll emojis".

"These messages are a distraction from the real evidence in this case," Mr Mandy says.

He tells the jury that the focus on the messages is an attempt to "undermine" the evidence of Erin's strong relationship with her in-laws.

 
  • #78
  • #79
10:46

Defence: Patterson shouldn't be condemned because of 'hindsight'​

Mr Mandy (pictured right) has continued his closing address to the jury and is talking about 'hindsight reasoning'.
Mr Mandy said the Crown asked the jury 'what would you do' in the situation Patterson was in after the lunch.
'We can't change the past,' he said.
'Whatever Erin Patterson's intention was when she served the meal is what it was.'
He suggested drawing hypothetical reasoning into the case was inappropriate.
Mr Mandy said it was an invitation to apply a moral judgement to what someone has done
'It's a distraction from the exercise you're undertaking,' he said.
Mr Mandy also told the jury it's not the job of the defence to explain 'hypothetical situations'.
'Hindsight reasoning can create a false clarity about ambiguous situations,' Mr Mandy said.
Mr Mandy said the intent may seem sinister if you look back and see what happened in the aftermath.
'Even if the actual evidence of that intent is weak,' Mr Mandy said.


10:48

Patterson 'not on trial for being a liar'​

Mr Mandy told the jury they wouldn't know what they would have done in the same situation and added his client admitted to telling lies.
'She's not on trial for being a liar,' Mr Mandy said.
Mr Mandy said nothing about what Patterson did after the lunch changed her intention for the meal.
He said a person who made four people unwell like his client might have had motive to tell lies.
'Why tell people the leftovers existed at all?' Mr Mandy said.
'Why get rid of the meat… and keep the pastry and mushroom paste.'


10:57

Doubt cast over sister-in-law's evidence​

Mr Mandy said there was some confusion over Tanya Patterson's evidence on what the accused did and didn't know about the condition of her lunch guests.
He told the jury people were going out of their way not to share information with Patterson.
Patterson, who is wearing an olive-coloured jumper, listened as Mr Mandy questioned when she learned Don and Gail (pictured) were in comas.
Mr Mandy said the doctors didn't tell Patterson Don and Gail were in comas.
'So how was Erin going to find that out?' Mr Mandy asked.
Mr Mandy suggested Patterson could have asked but also told the jury there was no evidence Don and Gail were in comas the day Tanya visited Erin at hospital on August 1.
'Tanya Patterson may well have an honest but mistaken memory of that conversation,' Mr Mandy said.


10:58

Patterson is 'of good character', jury hears​

Mr Mandy has spoken highly of his client, and detailed to the jury she was a mother of two children.
'She's a person of good character,' Mr Mandy said
'Evidence is she always had a good relationship with Don and Gail … they treated her like a daughter.'
He reminded the jury about Patterson's evidence in the witness box where she expressed her love for each of her lunch guests.
Mr Mandy said his client had wanted to move from Western Australia back to Victoria to be closer to Simon's family, which she felt was her support network.


11:04

Jury reminded how Patterson 'respected' Don and Gail​

Mr Mandy has reminded the jury of how close Patterson was with her estranged husband Simon's family.
The trial has heard from multiple family members of the four lunch guests including Simon's brother Matthew Patterson.
Matthew said Patterson had a 'positive relationship' with Don and Gail (pictured), and she 'respected his parents'.
The jury also heard Patterson's children loved their grandparents.


11:06

Patterson had a 'clear interest' in foraging for mushrooms​

Mr Mandy said Patterson became interested in mushrooms during the Covid lockdowns.
He said it was popular across the world, and it became more popular during the lockdowns, and this was backed up with the evidence of fungi expert Dr Tom May.
'It's not made up, it's not fabricated, that's the evidence,' Mr Mandy said.
Mr Mandy reminded the jury about the isolation Victorians felt during those lockdowns.
'She photographed them, she picked them, she took them home,' Mr Mandy said
The jury was again shown images of mushrooms purportedly taken by Patterson which had been found on an SD card at her home.
The jury heard there was no doubt Patterson had foraged.
'Definitely a clear interest she had… it's not fake, it's not a lie,' Mr Mandy said.


11:10

Defence questions memory of Patterson's kids​

Mr Mandy showed the jury photos of Patterson's kids while they were with her as she picked mushrooms.
He said it was evidence Patterson had an interest in foraging at the time Dr May said other people had become more interested in the practice.
Mr Mandy said Patterson’s kids did their police interview on August 16, 2023 – three years after those photos were taken.
He told the jury it’s not hard to believe the children may not have remembered their mum picking mushrooms a couple years earlier because of the time gap.
Mr Mandy also said it was Covid, the kids weren't at school, they may have wandered around during the walks and picking mushrooms may not have been memorable at the time as they are now.


11:20

Patterson looked up death caps because she 'loved mushrooms', jury hears​

Mr Mandy said there is 'little doubt' that the death cap mushroom search found on the computer in Patterson's (pictured) home was made, because his client 'loved mushrooms'.
The jury heard Patterson 'loved mushrooms' and 'loved eating them'.
'It's a fact, it's evidence, it's not made up,' he said.
He said Patterson would 'pick all kinds of mushrooms'.
He said when Patterson found a mushroom she didn't know, she would try it and if it was okay 'eat more of it'.
Mr Mandy also suggested Patterson was 'not out in the wild foraging all the time' but 'did so on occasion' when mushrooms were in season.
Mr Mandy said death caps were 'notorious' and 'the deadliest mushroom in the world'.
He explained to the jury this is why his client would have looked up information on them.
'On May 28, 2022 there is little doubt it was Erin Patterson looking up that information on the Cooler Master computer,' he said.


11:44

Defence: iNaturalist death cap search not linked to 'planning the lunch'​

Mr Mandy (pictured right) said just because Patterson landed on an iNaturalist page about a death cap sighting on May 28, 2022, doesn't mean it's linked to the lunch 14 months later.
He reminded the jury Patterson's claim she was foraging is 'her account' and 'you know she doesn't have to prove anything'.
'There is no way the prosecution is able to rebut that claim with this kind of evidence,' Mr Mandy said.
Mr Mandy also said the iNaturalist death cap search found on the Cooler Master PC was 14 months before the lunch.
'It's not suggested that activity had anything to do with planning that lunch… it's very brief, it's a matter of seconds…,' Mr Mandy said.
'The way you end up on a website varies [as you know if you use Google].'
Mr Mandy also said there was no evidence Patterson had previous knowledge of iNaturalist before the brief visit on May 28, 2022.
Mr Mandy said, at the time, the site contained no information on death caps in the Gippsland area.
Mr Mandy said his client likely checked the site to see if death caps grew in Gippsland.
'Maybe she'd seen some mushrooms earlier that day,' he said.


11:46

Patterson's iNaturalist searches were 'idle curiosity', jury hears​

Mr Mandy said it was not perfectly clear how long Patterson was on the iNaturalist site but suggested it could have been under two minutes.
Mr Mandy also said it was 'idle curiosity just before ordering dinner'.
'This was not a person carefully studying [death caps]… it was a passing attention,' he said.
Mr Mandy said thousands of varieties of mushrooms grow in Victoria and not all had been identified.
'Death caps have only been observed twice ever in South Gippsland,' Mr Mandy said
The two posts were the sightings in Outtrim and Loch previously mentioned in evidence during the trial.
'And never before since,' Mr Mandy said.
'On the Crown case, you might think remarkably, extraordinarily, Erin Patterson observed and acted on the only two death cap mushroom sightings ever… like she was sitting there waiting for them,' he said.
Mr Mandy said Patterson ended up attending the party and the dispute was resolved.


11:52

Dispute over lunch victim's 70th birthday 'resolved'​

The jury heard Patterson and her in-laws had a relationship throughout 2022 until October of that year, when there was a misunderstanding about Gail's 70th birthday, but Mr Mandy said 'that was resolved'.
The incident occurred on October 15 and 16 and involved a spat between Patterson and Simon (pictured) because the accused 'mistakenly' believed she had been left off the invitation list for Gail's 70th.
The jury previously heard Patterson had received a late invitation and she got into a heated argument with Simon but apologised the next day.
'I'm sorry for shouting at you… I'd like not to do that again…,' Patterson said.
Simon responded and apologised and said he wanted to be calm and listen better and also said he wouldn't describe what happened between them as 'shouting'.
'She's got the wrong end of the stick, and she's apologised… it's the opposite way a cold-blooded, calculated person would behave,' Mr Mandy said.


11:56

Patterson and Simon 'eternally polite to each other'​

Mr Mandy is now addressing the jury about the tax return and school fees issues which occurred in late-2022.
The jury had previously heard Simon and Patterson's relationship suffered some friction over those topics but Mr Mandy said those issues were resolved 'amicably'.
The jury was then reminded about another dispute the couple had over the payment of their son's medical fees.
Simon said he couldn't pay due to advice he received from child support officials.
Mr Mandy said the dispute stood out because it was the only major spat the family had.
'These people are eternally polite to each other…,' Mr Mandy said.
'That's why it stood out…'


12:04

Defence shoots down claim Patterson was 'duplicitous'​

The defence has dismissed the prosecution's theory that Patterson was 'duplicitous' with her true feelings about Simon's (pictured) family.
Mr Mandy said Patterson had a 'minor blow-up' with her in-laws, which the jury has seen in messages during the trial.
'It's not about very much at all,' Mr Mandy said.
Mr Mandy said his client wasn't rude or aggressive.
'She was standing up for herself and she was being direct,' he said.
Mr Mandy said the Crown suggested she had been living a duplicitous life but countered and said his client had simply talked it out with her in-laws while venting with online friends.
Mr Mandy said there was no other evidence that suggested Patterson hid her true feelings for the Pattersons.
'It just didn't happen,' he said.
'This was an aberration in her dealing with the Pattersons and there's nothing to say otherwise.'
Mr Mandy said Patterson's Facebook messages to online friends about her in-laws amounted to about 45 minutes of reading time among 600 pages of messages within that group.
Mr Mandy said the group was a 'safe space' for his client to talk freely about all kinds of issues.
'It was a private conversation, it was an emotional release,' he said.
Mr Mandy said it was a place to vent.

 
  • #80
Totally inconsistent with the way a cold-blooded, calculating person would behave."


But Erin has never had a Mental Health Assessment done before her trial

Has he explained what the disturbing pictures and words are on Erin Patterson's wall?

Something the jury would be interested on to determine her fate

With gravestones and death,

You don’t long to live 1 hour exactly,” one section reads.

“Your dead from my sword,” another says.

Underneath two stick figures of a male and female are the words “I am dead” and “no I am really dead”, above what appear to be three tombstones.

One of the tombstones appears to say “grandma R.I.P.” while the third reads “ME R.I.P.”


View attachment 595995

I am probably one of the few who don't find this 'death wall' troublesome. I can imagine during covid her kids were bored at home and going stir crazy, and she was preparing that house for sale at the time, and having the house painted, so she let them draw on the wall. I don't think it's a big deal, IMO.
 
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