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

[drsleuth]

Key Event
1m ago

Erin Patterson's evidence​

By Melissa Brown​

Justice Beale says Erin Patterson chose to give evidence.

She did not have to do that, he says.

"In choosing to give evidence, she undertook to tell the truth," he says, but he says the jury must assess her evidence in the same way as they would all the other witnesses.

He says it they find her evidence to be true, they must find her not guilty.

He says that if they think it might be true, that's a reasonable doubt.

He says if they don't believe her, they have to put her testimony aside and then still see if the prosecution has proven the rest of the case beyond reasonable doubt.

Judge in Erin Patterson murder trial begins instructions to jury — as it happened

Justice Christopher Beale begins his final instructions to the jury before they start their deliberations. The instructions are expected to go for at least two days. Follow his address as it happened.

www.abc.net.au

 

[drsleuth]

11:08

Jury told to ignore outside information​

The jury was told not to base its decision on information obtained anywhere other than within the court itself.
Justice Beale said the case had attracted 'unprecedented coverage' and urged the jury not to be influenced by anything it may have heard
'So disregard any outside information,' 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

 

[Green beans]

But somehow evocative of mouldy nuts, or off mushrooms.

Or, a side feature of this tainted meal!

 

[drsleuth]

‘If you do not believe her, that does not mean you should find her not guilty’: Justice Beale instructs the jury on Patterson’s testimony​

Justice Beale has given the jury instructions on how to assess Patterson’s testimony.

He said she chose to give evidence in this case, but did not have to as the accused has the right to remain silent.

“If you find her evidence true, you must find her not guilty,” Justice said.

“If you think she might be telling the truth, you must find her not guilty.

If you do not believe her, that does not mean you should find her not guilty.

“(In that case) you must put her evidence aside and assess whether the prosecution has proved the case beyond a reasonable doubt. “

Justice Beale said the jury must also not give Patterson’s evidence less weight because she is the accused.

He reiterated that, under the law, Patterson is given the presumption of innocence until proved guilty.

He said if the jury gave less weight to her evidence, they would be in breach of that concept.

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]

11.12am

Jury told to consider the case solely on the evidence​

By​

Supreme Court Justice Christopher Beale told the jurors they needed to decide the case solely on the evidence, made up of testimony, exhibits and agreed facts.

“In this case it’s alleged by the prosecution that Erin Patterson committed the offence of attempted murder and also three counts of murder. She’s pleaded not guilty, so it’s up to you and you alone to decide if she’s guilty of these offences,” Beale said.

“You do that by deciding what the facts are in this case.

“You then apply the law to the facts you’ve found to decide if the accused is guilty or not guilty.”

The jury were told they must not let feelings of prejudice or sympathy for anyone in the case impact their decision making. This, he said, included not being influenced by the fact Patterson cooked the meal that caused the deaths.

“The issue is not whether she is in some sense responsible for the tragic consequences of the lunch, but whether the prosecution has proved beyond a reasonable doubt that she is criminally responsible,” the judge said.

“Similarly, the fact that, on her own admission, Erin Patterson told lies and disposed of evidence must not cause you to be prejudiced against [her]. This is a court of law, not a court of morals.”

Nor could the jury let sympathy for the extended Patterson or Wilkinson families cloud their judgment, Beale said in his charge.

He told the jurors they must dispassionately weigh the efforts, logically, and with an open mind, not according to their own feelings. The jury were also told to disregard any outside information, including media reports.

“I’m not asking you to be inhuman. None of us are robots,” he said. “Any decent person would feel great sympathy for the Patterson and Wilkinson families, given what has befallen then, but you must scrupulously guard against that sympathy interfering with the performance of your duty, so emotions such as prejudice and sympathy must have no part to play in your decision.”

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

 

[drsleuth]

11:15

If jury believes Patterson they should find her 'not guilty'​

Justice Beale reminded the jury Patterson (pictured) did not need to give evidence.
He said she 'undertook to tell the truth' but her evidence should be assessed the same way as anyone else who gave evidence in the trial.
Justice Beale said if the jury believed Patterson, they should find her not guilty.
'It's not enough that you prefer the prosecution case to Ms Patterson's evidence,' he said.
'The prosecution must establish her guilt beyond reasonable doubt.'

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]

1m ago11.18 AEST

Jury must 'cast aside any sympathies or prejudices'​

Beale says the jury must cast aside any sympathies or prejudices for people involved in the case.

He says the issue is not if Patterson’s meal caused the fatal consequences but if the prosecution has proved beyond reasonable doubt that she is “criminally responsible” for the consequences.

“The fact Patterson told lies must not cause you to be prejudiced against her,” he says.

He says while “any reasonable person would feel great sympathy” for the Patterson and Wilkinson families, jurors must not be swayed by emotions.

The jury can only consider the evidence presented in the court room, Beale says:

“This case has attracted unprecedented media attention and excited much public comment. If any of that has reached your eyes or ears or does so in the coming days ... you must be particularly careful not to let it influence you in any way.”

Beale says if jurors overhear their family or friends express an opinion about the case they must ignore this.

He says only the jurors have sat in the jury box throughout the trial and heard all the evidence.

“You and you alone are best placed to determine whether the prosecution have proved their case beyond reasonable doubt,” he says.

Erin Patterson mushroom trial day 36 – as it happened

This blog is now closed

www.theguardian.com

 

[drsleuth]

Key Event
1m ago

Good character references by the Pattersons​

By Melissa Brown​

Justice Beale revisits some evidence presented to the jury.

He says Simon Patterson told the court how Erin Patterson got along well with his parents, especially his father, and that after they had separated, that close relationship continued.

He says Simon told the court Ms Patterson was generous with the money she'd inherited, lending some to his siblings to buy their homes.

In relation to the children, he says Simon described Ms Patterson as a devoted mother.

Justice Beale also recalls some of the evidence from Simon's siblings about their relationships with the accused.

He says Facebook messenger friends also spoke about her being a "wonderful mother".

He tells the jury that if they accept she is a person of good character, they can use it to assess the credibility of her evidence, denials of the prosecution case and likelihood of her committing the offences.

But he says that does not mean they have to find her not guilty if they accept she is of good character.

He says a person who has previously been of good character can commit a crime for the first time.

Judge in Erin Patterson murder trial begins instructions to jury — as it happened

Justice Christopher Beale begins his final instructions to the jury before they start their deliberations. The instructions are expected to go for at least two days. Follow his address as it happened.

www.abc.net.au

 

[drsleuth]

2m ago11.21 AEST
Beale touches on the evidence by Patterson’s children and things to consider.

The jury was played pre-recorded video evidence from the two children, who cannot be named due to a suppression order.

He says the jury should consider that children’s language and mental skills can influence how they respond to and answer questions.

A child’s level of development can also determine if they can understand certain concepts, the court hears. Beale says children often have difficulty with concepts involving comparing two things.

The jury should also consider that a child may not ask for clarity if they misunderstand a question.

Erin Patterson mushroom trial day 36 – as it happened

This blog is now closed

www.theguardian.com

​

By Melissa Brown​

Justice Beale has now called for a break and the jury has left the room.

We'll be back in about 15 minutes.

Judge in Erin Patterson murder trial begins instructions to jury — as it happened

Justice Christopher Beale begins his final instructions to the jury before they start their deliberations. The instructions are expected to go for at least two days. Follow his address as it happened.

www.abc.net.au

‘If you do not believe her, that does not mean you should find her not guilty’: Justice Beale instructs the jury on Patterson’s testimony​

Justice Beale has given the jury instructions on how to assess Patterson’s testimony.

He said she chose to give evidence in this case, but did not have to as the accused has the right to remain silent.

“If you find her evidence true, you must find her not guilty,” Justice said.

“If you think she might be telling the truth, you must find her not guilty.

If you do not believe her, that does not mean you should find her not guilty.

“(In that case) you must put her evidence aside and assess whether the prosecution has proved the case beyond a reasonable doubt. “

Justice Beale said the jury must also not give Patterson’s evidence less weight because she is the accused.

He reiterated that, under the law, Patterson is given the presumption of innocence until proved guilty.

He said if the jury gave less weight to her evidence, they would be in breach of that concept.

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]

11:25

Justice Beale: 'Good character alone could not erase the evidence'​

Justice Beale said if the jury accepted Patterson was a 'person of good character' they could use it to judge her credibility and weigh up the likelihood she would commit the crimes she's accused of.
But he said 'good character alone could not erase the evidence'.
The trial is on a short break.

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]

1m ago11.24 AEST

Patterson does not need to prove her innocence​

Beale turns to Patterson’s evidence. He says Patterson had no obligation to give evidence in her trial.

He says Patterson does not need to prove her innocence.

Beale tells the jury:

- If jurors find Patterson’s evidence true they must find her not guilty of the four charges

- If jurors are not sure about Patterson’s evidence they would have reasonable doubt and must find her not guilty of the four charges

- “It’s not enough that you prefer the prosecution case to Ms Patterson’s evidence,” he says.

He says if they do not believe Patterson’s evidence they can put her testimony aside. But they still need to determine if the prosecution has proved it beyond reasonable doubt on the remaining evidence.

Erin Patterson mushroom trial day 36 – as it happened

This blog is now closed

www.theguardian.com

 

[drsleuth]

11.25am

Assessing Erin Patterson’s evidence​

By​

The accused woman, Erin Patterson, chose to give evidence in her trial, Supreme Court Justice Christopher Beale told the jury.

He said Patterson didn’t have to do that, and it remained up to the prosecution to prove beyond reasonable doubt that she committed the charges.

Prosecutor Nanette Rogers, SC, arriving at court last Wednesday.Credit: Jason South

“It is not for her to prove her innocence, and this has not changed because she chose to give evidence. In choosing to give evidence, she undertook to tell the truth, she also submitted herself to cross-examination, which is the way lawyers test a witness’s credibility and reliability,” Beale told the jury in his charge.

“In this respect, she’s no different to any other [witness]. You must assess her evidence in the same way as you assess the evidence of any other witnesses.”

Beale told the jurors that if they thought Patterson’s evidence was true though, they must find her not guilty of three charges of murder and one of attempted murder.

Secondly, if the jurors were unsure whether her evidence is true but thought it might be, then they would “reasonable doubt” and must find her not guilty of the charges.

“Third, it’s not enough that you prefer the prosecution case to Ms Patterson’s evidence. It’s not sufficient for you to find the prosecution case to be preferable to the defence case,” the judge said.

“It’s not a question of simply balancing one case against the other or choosing which one you prefer. The prosecution must establish her guilt on each charge beyond reasonable doubt.”

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

 

[drsleuth]

now21.28 EDT

'Good character' evidence​

Beale turns to the “good character” evidence in the case.

He says the jury has heard evidence from a range of family and friends who said Patterson was a devoted mother and good daughter-in-law.

Simon told the court Patterson was a devoted mother and got along well with his parents, Beale says.

He reminds the jury of evidence from Patterson’s online friend Daniela Barkley who said “I thought she was a wonderful mother”.

Another online friend Jenny Hay said Patterson’s life revolved around her children and she was an attentive and devoted mother.

Patterson also had no criminal history, Beale says.

He says if the jury accepts Patterson is of good character they can use it to assess her credibility.

“You may be less willing to accept the prosecution’s evidence than if she was not a person of good character,” he says.

“You can use it to determine the likelihood she committed the offences.

“Of course, this does not mean that you must find her not guilty if you accept she was a person of good character.”

He says being of good character cannot alter facts.

“You should keep in mind that a person who was previously of good character can commit a crime,” he says.

Erin Patterson mushroom trial day 36 – as it happened

This blog is now closed

www.theguardian.com

 

[Deleted member 363451]

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

I doubt that Simon would have even connected the dehydrator with his relatives deaths. It would be interesting to know what Erin said about the dehydrator when she was in the hospital.

 

[drsleuth]

11:24

Jury told Patterson's life 'revolved around her children'​

Justice Beale said Patterson's evidence should not be given 'less weight' while referring to 'good character' evidence.
He reminded the jury Simon suggested his estranged partner had got on well with his parents even after they separated.
Justice Beale also said Patterson had been generous with her money to assist Simon's family with loans.
'There was no interest on those loans,' he reminded the jury.
He said Patterson appeared 'close' to her in-laws, according to Simon and she took her role as a parent seriously.
Justice Beale also recalled evidence that suggested Patterson was a devoted mother.
He looked at the Facebook messenger group, with Christine Hunt suggesting Patterson was 'an attentive and devoted mother'.
Others said they believed her to be a lovely mother.
'Her life revolved around her children,' one Facebook friend had said.
Justice Beale also highlighted the evidence of informant detective Stephen Eppingstall (pictured right) who said Patterson had no criminal record.

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]

Jury told how to assess ‘good character’ evidence about Patterson​

Justice Beale told the jury they have heard evidence supporting Patterson having a ‘good character’ throughout the trial.

He said that included evidence about her positive relationship with her former parents-in-law, loans she gave Simon’s siblings, and her role as a mother.

He summarised that the evidence towards her good character was that she had “no criminal history” and “

“

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]

2m ago

From inside court room 4​

By Mikaela Ortolan​

The jury is back and ABC reporter Alexandra Alvaro is in court room 4 today.

She tells us Erin Patterson is wearing paisley and has been neutral, looking at Justice Beale while he speaks to the jury.

The jury has been given a folder with trial chronology, which is 86 pages long, and an exhibits list.

Judge in Erin Patterson murder trial begins instructions to jury — as it happened

Justice Christopher Beale begins his final instructions to the jury before they start their deliberations. The instructions are expected to go for at least two days. Follow his address as it happened.

www.abc.net.au

 

[drsleuth]

11.36am

The role character evidence plays​

By​

There were witnesses in the trial, including the accused woman’s Facebook friends, who gave what the judge called character evidence.

This, Supreme Court Justice Christopher Beale told the jury, included testimony from Christine Hunt and Daniela Barkley, who told the trial that Erin Patterson’s life appeared to revolve around her children and that she was a devoted, attentive mother.

The lead police investigator, Detective Leading Senior Constable Stephen Eppingstall, also told the trial that Patterson had no criminal history.

Beale told the jurors that if they thought a person was of good character, they could use this to help them when considering Patterson’s evidence and her denials, and also the strength of the prosecution case, as a person of good character can be thought to be more trustworthy than others.

“Generally, it’s believed a person of good character is less likely to commit a criminal offence. But this does not mean you have to find her not guilty, it can only help to determine if facts have been proved,” Beale said. “People of previous good character can commit a crime.”

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

 

[Smelly Squirrel]

"In choosing to give evidence, she undertook to tell the truth," he says,

?????????

 

[Montrealaise]

Beef Wellington is one of the hardest meals to make so buying pre made Mash Potato and not having matching cutlery just stands out as really strange to me.

Maybe less time should of been spent on poisoned mushrooms and more time on a lovely mash.

Moo

Beef Wellington is complicated, but the way EP made it is even more complicated. The classic recipe (see Gordon Ramsay on Youtube) is to take one large filet of beef, coat it in a mushroom duxelles and then wrap puff pastry around it. However, EP made individual, mini Wellingtons, which are more complicated and more time consuming. The classic recipe would have made it almost impossible to include death caps in one part and not the other. She claims that her butcher didn't have a single large filet, just cut-up pieces - does anyone believe that?