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

[MrJ]

Just now
Justice Beale explains how he's set out the chronology
Melissa Brown profile image
By Melissa Brown

Justice Beale says he's tried to "steer clear of controversy" in the chronology, but says if there's something in the chronology they think is wrong, it's their opinion that counts, not his.

He takes the jury to August 1, 2023.

He says there's an entry at 12:18pm with an entry above that that does not have a timestamp.

It's a conversation between Erin Patterson and Simon Patterson about her dehydrating mushrooms and hiding them in muffins for their daughter to taste test.

He explains he's used first names to differentiate between all the Patterson family members, whereas all others in the chronology are referred to using their surnames.

"It's just more convenient, it's more user friendly ... and I mean no disrespect by referring to people by first names," Justice Beale says.

He then explains he's used different colours to make it easier for the jury. Red colouring is for questions asked by the prosecution and blue is for questions asked by the defence.

 

[drsleuth]

10.32am

‘You’re the judges of the facts’: Directions for jury before deliberations start​

By​

Supreme Court Justice Christopher Beale has today begun his final instructions to the jury, a process known as the judge’s charge, which is expected to take at least two days, as Erin Patterson’s murder trial enters its ninth week.

Beale’s instructions began day 36 of the trial in Morwell, after the prosecution and defence teams made closing addresses to the jury last week.

Patterson has pleaded not guilty to murdering her in-laws, Don and Gail Patterson, and Gail’s sister, Heather Wilkinson, by serving them death cap mushrooms in a beef Wellington lunch at her Leongatha home on Saturday, July 29, 2023.

Her in-laws and Wilkinson died in the days after the meal from the effects of mushroom poisoning.

Heather Wilkinson’s husband, Ian Wilkinson, also ate the meal and survived after weeks in hospital.

Erin Patterson’s trial has heard from more than 50 witnesses.

Beale told the jury his charge would comprise three parts: directions regarding principles of law, a summary of some of the evidence, and further directions including the requirement for a verdict to be unanimous.

“There’s been a great deal of evidence in this case and a lot of arguments made to you by prosecution and defence. The mere fact I don’t mention certain evidence doesn’t mean that evidence is not important. You must consider all of the evidence,” Beale said.

“You’re the judges of the facts.”

The jury will start deliberations on a verdict at the end of the judge’s charge.

There are still 14 jurors, and two are to be balloted off at the end of the judge’s instructions. Twelve jurors will then deliberate a verdict.

Erin Patterson murder trial day 40 LIVE: Jury begins its deliberations after judge finishes instructions; verdict must be unanimous

The jury in the trial of Erin Patterson, accused of murdering three people with a poisonous mushroom meal, is now deliberating its verdict.

www.theage.com.au

 

[MrJ]

Key Event
1m ago
Why some things have been left out
Melissa Brown profile image
By Melissa Brown

Justice Beale says during that August 1 conversation, at one point Erin said the children left the room momentarily and she alleges Simon said "is that how you poisoned my parents, using the dehydrator" and she anwered "of course not".

He says that evidence is not mentioned in that entry of the chronology because it's a point of controversy.

 

[drsleuth]

Jury told to disregard use of the word “allege” in trial documents​

Justice Beale has told the jury the document uses the word “allege” in relation to allegations.

He told the jury to not draw meaning from the word, as they are the judges of the facts.

Judge delivers final speech to jury in Erin Patterson mushroom trial

The mother-of-two is on trial, accused of killing her three in-laws with poisonous death cap mushrooms.

7news.com.au

 

[drsleuth]

10:51

Jury told it's their 'opinion that counts'​

Justice Beale told the jury they are the judges and their opinion counts while explaining how the chronology document is laid out.
He said the document is broken up into sections of time and includes references to alleged events and statements.
'But even though I said to you, I've tried to steer clear of controversy in the things I've included in the chronology, you'll notice the headings at the top of the page are alleged date, alleged time, alleged event...,' Justice Beale said.
'So if you think there's something in here that's wrong, it's your opinion that counts, not mine.'

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

 

[SouthAussie]

Justice Beale says during that August 1 conversation, at one point Erin said the children left the room momentarily and she alleges Simon said "is that how you poisoned my parents, using the dehydrator" and she anwered "of course not".

He says that evidence is not mentioned in that entry of the chronology because it's a point of controversy.

Funny that supposedly happened when the "children briefly left the room".

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

imo

 

[MrJ]

Key Event
Just now
The first part of direction is the principles of law
Melissa Brown profile image
By Melissa Brown

Justice Beale asks the jury to put the chronology away until they're in the jury room.

He says in this case it's alleged by the prosecution that Erin Patterson committed attempted murder and three counts of murder. She's pleaded not guilty and it's now up to the jury to decide on the verdict.

He tells them they're the only ones in this court who can make a decision on the facts.

He says it's s not his responsibility to decide the verdict.

 

[MrJ]

Key Event
Just now
The jury is to be judge of facts, Justice Beale says
Melissa Brown profile image
By Melissa Brown

Justice Beale says the answers the witnesses gave in court are the evidence, not the questions they were asked.

He tells the jury they must look at the exhibits tendered to court and take into account the agreed facts.

He warns them to be wary of transcripts in case or errors.

"You alone are the judges of the facts of this case," he says.

He says the jury must "ignore all other considerations" including any prejudice or sympathy for anyone in the case.

 

[drsleuth]

1m ago10.58 AEST

Jurors given 86 page document​

Beale has given the jurors an 86 page chronology of exhibits and evidence presented in the trial.
He says it is”not homework” but a document the jury can dip into it during their deliberations.

“It’s probably best to leave it in the jury room to consult,” he says.

The document contains evidence that dates back to 2007.

Erin Patterson mushroom trial day 36 – as it happened

This blog is now closed

www.theguardian.com

 

[drsleuth]

If anyone wants to help post some updates that would be appreciated!

 

[drsleuth]

10:57

Justice recalls the 'poison my parents' remark Patterson claimed Simon said​

Justice Beale is explaining important dates of the trial including when the lunch took place and when Patterson and her guests presented at hospital.
He told the jury he used the first names of the Patterson and Wilkinson families but said 'he meant no disrespect by doing so'.
Justice Beale also recalled evidence Patterson gave in which she alleged Simon (pictured) accused her of using the dehydrator to poison his parents.
He told the jury Simon denied the allegation.
Justice Beale said it was a point the defence relied upon to explain Patterson's behaviour that followed.
He also referred to Patterson hiding mushrooms in muffins.

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

 

[drsleuth]

now11.01 AEST
Beale says it is the jury who will decide if Patterson is guilty or not guilty of the three murder charges and one attempted murder charge.

“You do that by deciding what the facts are in this case,” he says.

“You, alone, are judges of the facts in this case.”

He says jurors must apply the law to the facts to determine if Patterson is guilty or not guilty of the charges.

Jurors do not need to accept the arguments of the prosecution or defence.

“If you do not agree with their view, just put it aside,” he says.

Erin Patterson mushroom trial day 36 – as it happened

This blog is now closed

www.theguardian.com

 

[MrJ]

Key Event
Just now
Jury warned not to allow sympathy to affect its verdict
Melissa Brown profile image
By Melissa Brown

Justice Beale says the prosecution must have proven that Erin Patterson was criminally responsible for the deaths of her in-laws and Ian Wilkinson's illness.

He says the jury cannot allow sympathy for the Patterson or Wilkinson families to affect their judgement.

"I'm not asking you to be inhumane, none of us are robots," he says.

He tells the jury it must scrupulously guard against any sympathy interfering with their duty to decide the verdict.

 

[MrJ]

Key Event
1m ago
Jury told to disregard any outside information or opinion
Melissa Brown profile image
By Melissa Brown

Justice Beale notes there has been unprecedented media coverage of the case.

He warns the jury members to be particularly careful not to let it influence them.

He also warns against being influenced by anything they may have overheard from family, friends or associates.

"No one in the media, in public, in your workplace or in your homes sat in that jury box throughout the trial," he says.

"You and you are alone are best placed to decide whether the prosecution has proven their case beyond reasonable doubt."


Right with that I'm off to get ready. Someone else please take over!

 

[drsleuth]

1. Legal principles​

Justice Beale has told the jury they must use legal principles to decide whether Patterson is guilty of one count of attempted murder and three counts of murder.

“It is up to you to decide whether or not she is guilty or not guilty,” Justice Beale said.

“You make that decision from all of the evidence that has been given the trial.

“You then apply the law... and decide.”

Justice Beale said the jury must take into consideration the witness testimony, the exhibits, and agreed facts.

“Nothing else is evidence in this case,” Justice Beale said.

Justice Beale said transcripts, comments made by him, the prosecution, or the defence, are not considered evidence.

He said the jury must ignore any feelings of sympathy or emotions.

He said they must also not give weight to the fact she is responsible for cooking the lunch, but rather whether the prosecution have proved without a reasonable doubt that she is criminally responsible.

Justice Beale said he is not instructing the jury members to be “robots” as it is inevitable that they would feel for the Wilkinson and Patterson families.

“But you must scrupulously gaurd against that sympathy influencing your decision,” he said.

“So sympathy and prejudice should have no place in your decision.

“You must weigh the evidence with an open mind. Not with your feelings.”

Justice Beale said the jury must ignore any previous reporting from media, comments from family members, or comments they have seen online.

He said it is up to the jury to decide how much of the evidence they believe and how much weight to give to pieces of evidence.

“It is up to you to decide whether the witnesses were honest and whether they were accurate,” he said.

Justice Beale said assessing the credibility and reliability of information is something members of the jury do every day, and it is not a special skill.

He told the jury to consider all of the evidence in the case, accept what they believe to be true, and disregard information they believe is not true.

Judge delivers final speech to jury in Erin Patterson mushroom trial

The mother-of-two is on trial, accused of killing her three in-laws with poisonous death cap mushrooms.

7news.com.au

 

[Eloise]

I would cry if I'd sat through at this testimony for weeks and then I didn't get picked to be one of the twelve. Especially because I've read that if that happens, you're still considered to be available for jury duty unlike someone who gets to decide the outcome

 

[drsleuth]

11:05

Judge: 'Verdict you return has absolutely nothing to do with me'​

Justice Beale has explained the basics of the case, Patterson's not guilty pleas and the jury's role in applying the law to the facts to decide the outcome as he explains to the jury the points of law which need to be applied in the case.
He said the jury must accept his directions on law.
'The verdict you return has absolutely nothing to do with me,' he said.
Justice Beale told the jury he will 'endeavour not to make any comments about the case'.
And if he did, the jury should 'ignore' him.
'You alone are the judges of the facts,' he said.

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

 

[drsleuth]

Assessing child witness evidence​

Justice Beale has given the jury instructions on how to assess child witness evidence.

He said children are able to accurately recall events, however, they may have difficulty understanding concepts, or they may give double negatives as answers without realising.

Justice Beale said a child may also not ask someone to clarify if they didn’t understand a question.

He urged the jury to take that information into consideration when evaluating child witness accounts provided in the case.

Judge delivers final speech to jury in Erin Patterson mushroom trial

The mother-of-two is on trial, accused of killing her three in-laws with poisonous death cap mushrooms.

7news.com.au

 

[Scooby-Doo]

A 15-member jury, consisting of 10 men and five women from Victoria's Gippsland region, has been selected for the case.

12 of them will make the final decision by the end of the trial.

 

[SouthAussie]

If anyone wants to help post some updates that would be appreciated!

Sorry that I can't help more. I am not in a position to do so, at the moment. Hope that someone can help.