VERDICT WATCH Australia - 3 dead after eating wild mushrooms, Leongatha, Victoria, Aug 2023 #16 *Arrest*

[TootsieFootsie]

It will be time to knock off for the day in about 10 minutes.

 

[Marg944]

An example of a NSW Judge directing the jury to make a 10 out of 11 decision, as the jury was unable to make a unanimous decision.


“The jury in the murder trial of a man accused of strangling his wife has been told it can now reach a majority verdict after failing to reach a unanimous decision.

Earlier, the 11-person jury told the NSW Supreme Court it could not reach a unanimous decision.

Justice Helen Wilson has directed the jury it can now make its decision if 10 jurors are in agreement.”

Steven Fesus murder trial jury told it can reach majority verdict

Jurors in the murder trial of a man accused of strangling his wife are told they can now reach a majority verdict after failing to reach a unanimous decision.

www.abc.net.au

(Incidentally…. Jury was still unable to decide, which resulted in a hung jury - which led to a re-trial)

 

[SilentHill]

Shepherds Pie

She'd have got me on a cottage pie but not a shepherds

 

[TootsieFootsie]

Thanks Marg, I thought I remembered a case like that.

 

[Monstradamus]

There must have been another purchase of meat in order to have some for the children's dinner.

She bought 5 x 2 packs of eye fillet. Used 6 for the special lunch, testified that she put the remaining 4 in the freezer.

 

[Scuffy35]

I wonder if the jury has asked the judge any questions yet.

Would we even know if they have?

 

[Ellery84]

I don’t know if Simon was invited or not. Has that been confirmed?

He was. He pulled out the day before, via sms. Said he felt uncomfortable.

 

[Ellery84]

She bought 5 x 2 packs of eye fillet. Used 6 for the special lunch, testified that she put the remaining 4 in the freezer.

She put them in the fridge and cooked them up for her children.

 

[Ellery84]

I wonder if the jury has asked the judge any questions yet.

Would we even know if they have?

We would know. There is a bell that is rung, signalling 15 minutes to be in court. The questions are presented in the court room. There will be media there. IMO

 

[Ellery84]

I have been thinking about the June lunch Erin hosted with Don, Gail and the children, I don’t know if Simon was invited or not. Has that been confirmed?

According to Erin she made shepherd’s pie and it was such a lovely occasion that she decided she’d like to have them over for lunch again in the future.
By June, in my opinion, the death caps were harvested, dehydrated, probably powdered and stored somewhere safe.
As the children were at the meal I think it was too risky to attempt the poisoning then, imagine if Simon, Don or Gail had said, “I’m full, would you like to finish my serve?” to one of the children.
I suspect the June lunch was a rehearsal of sorts, getting Don and Gail comfortable eating her cooking and making it appear that them visiting and sharing a meal was not a unique event.
Inviting Heather and Ian to the July death cap meal was likely, as many have already said, used as an enticement to have Simon attend.

It would be interesting to know what colour plates were used for the June lunch.

It’s grooming.

IMO

I suspect the June lunch was a rehearsal of sorts, getting Don and Gail comfortable eating her cooking and making it appear that them visiting and sharing a meal was not a unique event.

 

[SouthAussie]

I wonder if the jury has asked the judge any questions yet.

Would we even know if they have?

We knew in the Greg Lynn trial. And we knew the judge's reply.


Greg Lynn trial:
On Monday, a note from the jury was passed to Justice Michael Croucher, which read in part: "What happens if we are unable to reach a unanimous decision?"

In Monday's note, the jury also asked Justice Croucher whether it was required to deliver the same verdict on each of the two murder charges.

Greg Lynn jury told to continue deliberations after question over unanimous verdict

A note from the jury read in part: "What happens if we are unable to reach a unanimous decision?"

www.abc.net.au

 

[MaxDecimus13]

A hung jury is just unfathomable IMO. All that time, effort, money etc just to do it all again?

 

[Monstradamus]

A hung jury is just unfathomable IMO. All that time, effort, money etc just to do it all again?

A big waste of taxpayer's money. The only winners are the lawyers.

 

[Lisa4]

I'm thinking this could go well into next week now.

 

[Scuffy35]

He was. He pulled out the day before, via sms. Said he felt uncomfortable.

I think the question is about the lunch previous to the fatal one. Ian and Heather were not invited to that one and I think it was Shepards Pie.

 

[Ellery84]

I think the question is about the lunch previous to the fatal one. Ian and Heather were not invited to that one and I think it was Shepards Pie.

You’re right, I just read back through for context. Apologies.

 

[Scuffy35]

A big waste of taxpayer's money. The only winners are the lawyers.

In my opinion, it should be whatever it takes for Simon, Ian and their families to recieve justice.

If it goes to a second trial due to hung jury, I would hope that the prosecution plugged the gaps this time.

 

[BreakingNews]

An example of a NSW Judge directing the jury to make a 10 out of 11 decision, as the jury was unable to make a unanimous decision.


“The jury in the murder trial of a man accused of strangling his wife has been told it can now reach a majority verdict after failing to reach a unanimous decision.

Earlier, the 11-person jury told the NSW Supreme Court it could not reach a unanimous decision.

Justice Helen Wilson has directed the jury it can now make its decision if 10 jurors are in agreement.”

Steven Fesus murder trial jury told it can reach majority verdict

Jurors in the murder trial of a man accused of strangling his wife are told they can now reach a majority verdict after failing to reach a unanimous decision.

www.abc.net.au

(Incidentally…. Jury was still unable to decide, which resulted in a hung jury - which led to a re-trial)

That surprises me. I thought in Australia it had to be 12/12 for murder trials. Might only be the case in Qld and Victoria. Otherwise it is a hung jury.
Edited: it was 1997. They may have changed it now.

 

[Monstradamus]

In my opinion, it should be whatever it takes for Simon, Ian and their families to recieve justice.

If it goes to a second trial due to hung jury, I would hope that the prosecution plugged the gaps this time.

I'm sure the Prosecution have taken notes, just like EP. I'm thinking it will be a little different if there is a Retrial.

 

[Warshawski]

I am quite sure that there was no expert that testified that would permeate the meat beyond the outside layer.

I commented upthread that the jury should be able to use common sense or life experiences to address this question themselves rather than needing an expert witness to confirm everything. It is the same for the lack of expert witness on what impact the vomiting would have had.

I theorised earlier that if she only scraped the mushroom paste off, then there would still be a smearing of it left on the meat, even if it had not penetrated the meat. One would have to wash and scrub the meat to get that smearing off.

It was only a nurse that testified that she told Erin that the mushroom toxin would have seeped into the meat. The doctor that testified said he told Erin that her kids could be scared or dead, did not specifically testify about seepage. In any case, the prosecution would have needed an expert that was specifically knowledgeable about DC toxins permeating meat. If there was none with preexisting knowledge, couldn't they have performed the specific testing, peer reviewed, and had those results submitted as evidence?

The expert that found the DC toxin through chemical testing, could not determine if the toxin was specifically in the meat as it was mixed with the mushroom paste when he tested it.

It’s on record that Erin P is a liar - her defence admitted this at the beginning of the trial, with examples of 2 significant lies she told in relation to these charges:
* She had never foraged mushrooms
* She had never owned a dehydrator

And we heard so many other examples of utterances from her that imo a reasonable person would believe them to be lies.

IMO she does believe that she is much smarter than anyone else & I think after years of practice she has perfected the art of lying & manipulating people. I was shocked at her absolute calm and arrogant behaviour under questioning by the prosecution. I would expect an innocent person to be shocked, confused & even angry at being accused ; I would think they would be cooperating completely in order to prove that innocence.

However, IMO, EP was keeping her responses for the most part ‘empty’ so she couldn’t accidentally fall in a ‘trap’.

There is proof that DC toxin was found in the remains of the lunch BW meal, after which 3 people died and a 4th person almost died.

The only person who prepared & dished up that meal was Erin.

Therefore imo it’s reasonable to believe that the DC toxin was only in that meal because it was added by Erin.

Erin had photos of foraged DC mushrooms on her scales; she shared online her tendencies to dehydrate mushrooms, to powder mushrooms and to hide mushrooms in the food of unsuspecting people.

IMO it’s also reasonable to believe that EP added powered DC mushrooms to that BW lunch meal.

We heard evidence of her fury at her in-laws & estranged husband. We heard her utter words to the effect that she wanted nothing more to do with them / would be better off without them.

Therefore IMO it’s also reasonable to believe that EP deliberately added those powered DC mushrooms . . . DC mushrooms are highly toxic with published stories of people accidentally eating them, then dying.

So imo it’s reasonable to believe that the only reason someone would add / hide DC mushroom in food & serve it people to eat, is to get rid of them permanently I.e. to kill them,