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

[MrJ]

SHE FACTORY RESET ONE OF HER PHONES THREE TIMES!

Key Event
Just now
Arguments about two separate phones does not hold up, defence says

By Judd Boaz

Mr Mandy says the idea that Ms Patterson created a decoy mobile phone [Phone B] while hiding her original phone [Phone A] from police does not hold up.

"Why would she go to all the effort to setting up Phone B as a dummy phone to give to investigators?" he asks.

He says if his client was guilty, she would have simply taken her original phone to the tip.

Mr Mandy says Ms Patterson had no idea that police were on the way to search her home on August 5.

Mr Mandy tells the jury that if Ms Patterson had committed murder and was anticipating a police search, she would have chosen an easier path of actions.

"Then she would have done something far easier to avoid any chance of the police finding any evidence," he says.

"If the intent was to conceal the contents of Phone A, why wouldn't she just factory reset it?"

 

[Woolly]

Patterson was 'freaking out' in hospital​

The jury has heard Patterson was 'freaking out' on the Tuesday after the lunch because she thought she was 'getting blamed'.
Mr Mandy said the first thing Patterson did when her sister-in-law Tanya visited her in hospital was to ask how her lunch guests were going.
Mr Mandy said his client started 'freaking out' on Tuesday afternoon because she was 'getting blamed for it'. (BBM)
Mr Mandy said Patterson was being isolated and 'kept out of the loop' about what was happening with her lunch guests.

Erin Patterson mushroom murder trial LIVE updates

Follow Daily Mail Australia's live coverage of accused mushroom chef Erin Patterson's murder trial here.

www.dailymail.co.uk

 

[katydid23]

I wonder how much we can read (if any) into the fact that the defence are staying up longer than the prosecution. I can think of 2 main reasons:

1) they think it will look good in comparison to the prosecution, as if it makes their evidence look thin

2) like you said, they think they're in trouble and are trying everything to make something stick

And it's kind of ironic that the defense is going for so long, considering one of Mandy's complaints has been that the prosecution was somehow putting the burden on the defense to have to prove their case and it is not on them to do so. But then Mandy is going through each detail to try and prove otherwise.

 

[Doesitmakesense]

Why does Mr Mandy keep saying not enough questions asked. Isn't he allowed to ask these questions he is saying is missing during his cross?

 

[lazymaiden07]

And where is the expert who provided this testimony?

Surely this is offensive to the victims and families? There is absolutely no medical professional who could support this claim? We all know that the doctors thought Ian would lose his life, and of course didn't- so how can Mandy in any way assert there was nothing medical professionals could do??

 

[katydid23]

Mandy claimed that her so called illness or cancer couldn’t have been used as a lure to the lunch because she mentioned ithe illness following consumption of the BWellingtons. Now that’s fuzzy logic on his part right there. It didn’t matter when she mentioned it. She did I believe give Gail and probably Don, and Simon the idea she wanted to discuss something.

And she did actually begin discussing her 'health emergencies' with Gail before the luncheon.

She texted her about a biopsy she was scheduled for, and they had an ongoing discussion about that nonexistent medical issue---BEFORE the lunch.

 

[MsMarple]

Key Event
1m ago
Another correction by the defence

By Judd Boaz

Mr Mandy clarifies a statement from yesterday when he told the jury that Ms Patterson had been tasting her mushroom paste while cooking it.

He corrects the record and says there is no evidence that Erin tasted it after adding the allegedly poisoned mushrooms.

"Erin did not say in her evidence that she had actually tasted the duxelles after adding the dried mushrooms," he says.

"But using your common sense, you might expect that was exactly what would happen."

Finally! That effectively negates yesterday’s statement about why Erin became ill sooner than the others.

 

[Woolly]

Patterson was 'freaking out' in hospital​

The jury has heard Patterson was 'freaking out' on the Tuesday after the lunch because she thought she was 'getting blamed'.
Mr Mandy said the first thing Patterson did when her sister-in-law Tanya visited her in hospital was to ask how her lunch guests were going.
Mr Mandy said his client started 'freaking out' on Tuesday afternoon because she was 'getting blamed for it'. (BBM)
Mr Mandy said Patterson was being isolated and 'kept out of the loop' about what was happening with her lunch guests.

Erin Patterson mushroom murder trial LIVE updates

Follow Daily Mail Australia's live coverage of accused mushroom chef Erin Patterson's murder trial here.

www.dailymail.co.uk

Does he not realise how bad of a look it is for her to be freaked out because she was getting the blame? And not because four people she loved were potentially dying??

 

[MrJ]

Hi Mr Mandy here are your straws you ordered

 

[katydid23]

Didn’t she also claim the media were painting her as a witch and she couldn’t have any friends over to her place or visit her sister because of it?

Yes, she did say that. Made herself the victim. And funny that she whined about not being able to go visit her sister because I believe they had been estranged for awhile already. Another lie, imo.

 

[lazymaiden07]

Does he not realise how bad of a look it is for her to be freaked out because she was getting the blame? And not because four people she loved were potentially dying??

Excellent point. Damn, I hope the jury consider this.

 

[Deleted member 194006]

He says if his client was guilty, she would have simply taken her original phone to the tip.

Mr Mandy says Ms Patterson had no idea that police were on the way to search her home on August 5.

Mr Mandy tells the jury that if Ms Patterson had committed murder and was anticipating a police search, she would have chosen an easier path of actions.

"Then she would have done something far easier to avoid any chance of the police finding any evidence," he says.

"If the intent was to conceal the contents of Phone A, why wouldn't she just factory reset it?"

BBM
Sounds like Mr Mandy is suggesting that a guilty person would dispose of evidence at the tip. (*Cough- dehydrator)

 

[Lisa4]

Surely this is offensive to the victims and families? There is absolutely no medical professional who could support this claim? We all know that the doctors thought Ian would lose his life, and of course didn't- so how can Mandy in any way assert there was nothing medical professionals could do??

Exactly - with Ian presumably in attendance too. Heartless. Shameless

I have read somewhere that at first Heather was able to take herself to the bathroom at hospital while Ian was so ill he was not moving.

 

[MrJ]

Key Event
1m ago
Defence on alleged removal of SIM card
Judd Boaz profile image
By Judd Boaz

Mr Mandy disputes that Erin Patterson removed the SIM card from Phone A while police were searching her home.

"She could not have somehow concealed and covertly removed a SIM card from her phone while under the constant observation of experienced homicide squad detectives," he says.

The prosecution alleges Ms Patterson removed the card while allegedly speaking to a lawyer in a separate room.

Mr Mandy says this means Phone A must have been in the same room that police allowed her to make her phone call in.

"That's quite a feat," he says.

He tells the jury that only his client's explanation holds up to scrutiny.

"Erin's account … is the one that fits the evidence the best. If she had successfully hidden Phone A from investigators why did she wait until [the next day] to put that SIM card into a different phone," Mr Mandy says.

"The stupid thing she did was factory reset Phone B a couple of times, entirely consistent with someone who panicked for no good reason at all, because there was nothing to be achieved by factory resetting Phone B."

bbm. oh well if you wanted to hide evidence that is

 

[IBR]

She appears to be very pedantic with language. However a reason for this is that the English language can be very confusing if not clarified. Her family came from a non English speaking background. Maybe she is just getting it right in her mind. It's like in Australia we might tell someone to hop in the car. We don't actually mean that though.

I missed that - where did her family come from?

 

[katydid23]

I don’t think Mandy is doing a fine job because let’s face it, he has so little to work with. Like making a silk purse out of a sow’s ear… But he is doing a good job of mentioning anything he can possibly mention. And I think it’s about bombardment or muddying the waters to create doubt and maybe confusion. I was surprised that he and the accused were given so much opportunity to weave a narrative to rebut the Prosecutions evidence- having the benefit of having all that evidence laid out for them. And remember the only witness he could call or chose to call was the accused. That maybe says a lot as well. Wasn’t there anyone they could call in the defence?

It would be more believable if he had called medical expert to explain why EP vomiting helps her, and why she didn't get sicker than she appeared.

Or maybe recall to the stand prior witnesses that he said were 'mistaken' in their testimony. IMO

 

[MrJ]

Key Event
2m ago
Jury cannot conclude murder based on Erin's actions, defence says

By Judd Boaz

Mr Mandy signals for a break, but before he does, makes an appeal to the jury to discount the actions of a woman who was panicking.

"The law recognises that there might be all sorts of reasons why a person engages in conduct," he says.

"There's all sorts of reasons why an innocent person might engage in that sort of conduct."

He says his client got into the witness box and told the jury she had panicked.

"Doesn't excuse what she did, not making an excuse about it," he says.

[But you] can't jump from there to what the crown wants you to conclude from those items of evidence."

 

[MrJ]

2m ago
We head out for lunch
Judd Boaz profile image
By Judd Boaz

Colin Mandy tells the jury that his closing argument will continue into the afternoon, saying "I won't apologise for that".

Justice Beale calls for the lunch break.

We'll return to our coverage after 2.15pm.

 

[katydid23]

She also suggested at one point eating a quarter or a third. You know roughly how much you've ate that you know the difference between those.

and I thought she LOVED mushrooms. Why would she only eat 1/4 of her delicious expensive gourmet meal?

 

[Scooby-Doo]

Do we know if these points were made during the prosecution case?

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Erin Patterson showed no sign of liver damage experienced by other mushroom lunch attenders, trial hears​

An expert in emergency medicine who reviewed Erin Patterson’s medical records says her condition was consistent with someone who had a diarrhoeal illness, but there was no biochemical evidence of liver injury.

Erin Patterson showed no sign of liver damage experienced by other mushroom lunch attenders, trial hears

Victorian jury also sees images appearing to show accused disposing of food dehydrator at tip, and hears from expert who examined lunch leftovers

www.theguardian.com