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

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  • #81
He said Phone B factory reset remotely while it was in the police locker.
'After the phone had been taken into police custody, investigators can and should isolate the device from the network,' Justice Beale said.
This can be done by putting the phone on airplane mode, the jury was told.
'Isolating the phone is critical to ensure data remains in its original state,' Justice Beale added.

I know that the judge is just stating a fact here .... but it sounds (in print) as if he is saying "C'mon officers, get enough faraday bags out to every police station".

imo
 
  • #82
Just now
The focus turns to Erin Patterson's hospital attendance
Mikaela Ortolan profile image
By Mikaela Ortolan

We're taken to evidence Ms Patterson's husband, Simon, gave that Ms Patterson had a history of leaving hospitals.

Simon previously told the jury his estranged wife had done that twice before.

The judge also highlights evidence that Dr Chris Webster told Ms Patterson he was concerned about the possibility of death cap mushroom poisoning after he learned Ms Patterson cooked the meal.

A nurse who saw Ms Patterson in hospital told the jury she was reluctant to go into a bay.

Ms Patterson told the nurse she was not prepared to be admitted and needed to go home to sort out her children, despite the nurse warning her life could be in danger, the court heard.

The accused then signed a patient discharge form.

Justice Beale is summarising all of this evidence for the jury.


 
  • #83
I know that the judge is just stating a fact here .... but it sounds (in print) as if he is saying "C'mon officers, get enough faraday bags out to every police station".

imo
It is a bit crazy that they didn't try & protect a factory re-set. I thought that would be policing 101 really?
 
  • #84
1m ago

The focus turns to Erin Patterson's hospital attendance​


By Mikaela Ortolan​

We're taken to evidence Ms Patterson's husband, Simon, gave that Ms Patterson had a history of leaving hospitals.

Simon previously told the jury his estranged wife had done that twice before.

The judge also highlights evidence that Dr Chris Webster told Ms Patterson he was concerned about the possibility of death cap mushroom poisoning after he learned Ms Patterson cooked the meal.

A nurse who saw Ms Patterson in hospital told the jury she was reluctant to go into a bay.

Ms Patterson told the nurse she was not prepared to be admitted and needed to go home to sort out her children, despite the nurse warning her life could be in danger, the court heard.

The accused then signed a patient discharge form.

Justice Beale is summarising all of this evidence for the jury.

 
  • #85
15:58

Jury reminded Patterson allegedly left hospital against medical advice​

Justice Beale said he will leave the first alleged incriminating conduct that Patterson allegedly lied to people about being unwell after the lunch to last.
'It's convenient to leave that alleged conduct to last,' Justice Beale said.
Justice Beale said the prosecution claimed other conduct helped its case then reminded the jury about Patterson's presentation at hospital the first time.
These include the allegations she left hospital and refused treatment.
He said a doctor at Leongatha Hospital realised she had been the chef of the lunch that had made the others there sick.
The jury heard Patterson had been reluctant to be treated despite displaying some gastro-type symptoms
'Patterson was warned doctors were concerned for her welfare and urged her to stay,' Justice Beale said.
'She was told her life was at risk, but she still declined to be treated, saying she needed to go home and organise her pets and kids…'

 
  • #86
1m ago
More detail on Erin Patterson's history with hospitals
Mikaela Ortolan profile image
By Mikaela Ortolan

The judge is going into more detail about Ms Patterson's hospital presentation on July 31, 2023.

We heard evidence that staff told Ms Patterson she should remain in hospital because she might become unwell, but Ms Patterson said she didn't live far away and would return after she tended to her children and animals.

We're then taken to some detail about Ms Patterson's previous hospital attendances, including one in 2015 when she requested a nurse remove an IV drip so she could leave.

During her evidence, Ms Patterson told the jury about a misdiagnosis that led her to distrust the healthcare system.
 
  • #87

1m ago

More detail on Erin Patterson's history with hospitals​


By Mikaela Ortolan​

The judge is going into more detail about Ms Patterson's hospital presentation on July 31, 2023.

We heard evidence that staff told Ms Patterson she should remain in hospital because she might become unwell, but Ms Patterson said she didn't live far away and would return after she tended to her children and animals.

We're then taken to some detail about Ms Patterson's previous hospital attendances, including one in 2015 when she requested a nurse remove an IV drip so she could leave.

During her evidence, Ms Patterson told the jury about a misdiagnosis that led her to distrust the healthcare system.
 
  • #88
2m ago16.08 AEST

The topic of incriminating conduct​

Beale turns to the topic of incriminating conduct.

He says the prosecution has labelled certain conduct as incriminating, meaning it is an implied admission of guilt. The defence has argued there are other innocent explanations for the conduct the prosecution relies on, Beale says.

The prosecution has alleged Patterson’s incriminating conduct involves:

  • Lying about being unwell
  • Lying about using dried mushrooms in the beef wellingtons
  • Refusing treatment on first presentation at Leongatha hospital and discharged herself against medical advice
  • Reluctance to get treatment for herself on second presentation at the hospital
  • Reluctance to obtain medical treatment for her children while at Leongatha hospital
  • Lying by saying she had fed children leftover beef wellingtons, with mushrooms and pastry scraped off, the day after the lunch
  • Resetting Phone B multiple times
  • Lying to police during her formal interview about her usual mobile phone number
  • Lying to police about not foraging for mushrooms or owning a dehydrator

 
  • #89
16:09

Jury told reasons why Patterson wanted to leave the hospital​

Justice Beale has returned to Patterson's first visit to Leongatha Hospital on July 31.
The jury heard Patterson arrived at hospital and was told there were two critically ill people already there.
Justice Beale said a doctor raised death cap mushrooms with Patterson shortly after she arrived at hospital.
Patterson gave evidence she felt 'puzzled, stressed, confused and overwhelmed'.
The jury was reminded Patterson had intended just to come in quickly and return home because she needed to get her daughter ready for a ballet rehearsal and needed to feed her animals.
Patterson gave evidence she told staff she'd be back within about half-an-hour.


 
  • #90
Hopefully tomorrow starts earlier and more can be covered
 
  • #91
1m ago07.19 BST

Refusal of medical treatment​

Beale begins by outlining the evidence about Patterson refusing medical treatment.

He says Simon testified that Patterson had a history of discharging herself from hospitals against medical advice.

Dr Chris Webster when Patterson arrived at Leongatha hospital her told her she had been exposed to a potentially lethal poisoning when she presented at Leongatha hospital, the court hears. Nurse Kylie Ashton testified that she tried to convince Patterson to stay at the hospital to be medically assessed, warning “her life was at risk”. Dr Veronica Foote recalled Patterson saying if she was going to be admitted she needed to return home first.

Patterson told the jury that when she arrived at Leongatha hospital Dr Webster told her there was a concern she had been exposed to death cap mushroom poisoning.

Patterson said she was confused as she could not understand why death cap mushrooms would be in the meal.

She said she arrived expecting to be at the hospital for a few hours, the court hears.

Patterson disputed Ashton’s evidence that she told the accused her life was at risk.

Beale says the prosecution argued Patterson discharged herself because she knew she was not unwell.

The defence said a reasonable explanation of Patterson’s conduct was because she had not come prepared to be admitted overnight, needed to make arrangements for her children and pets and had not been told the full picture about the guests’ illness.

The defence also said her conduct needed to be viewed in the context of her habit of discharging herself against medical advice.

 
  • #92
now07.22 BST

Court adjourns​

Beale says he will continue outlining and instructing on the alleged incriminating conduct tomorrow.

The court has adjourned for the day.

Beale tells the jurors he will not finish his instructions to them tomorrow, meaning the earliest deliberations can begin is Friday.

The trial will resume from 10.30am tomorrow.

 
  • #93
16:18

What the prosecution and defence said about why Patterson left hospital​

Justice Beale said the prosecution claimed she knew she hadn't eaten the death caps and argued the previous times she had discharged herself from hospital were not life-threatening situations.
The defence claimed Patterson was unaware of how sick the other guests were, she had arrangements to make and had a history of discharging herself from hospitals.
Justice Beale said Dr Chris Webster (pictured) told Patterson he was concerned about death cap poisoning, and he recognised her name and knew she was the chef.
Dr Webster claimed she asked no questions about treatment other than 'why do you think I've eaten death cap mushrooms'.
The jury heard Patterson claimed she didn't tell Dr Webster how long she planned to leave hospital for.
Justice Beale told the jury he will move to the topic of the Asian store mushrooms but wanted to do that in one go so he sent the jury home early.
The trial has concluded for the day and Daily Mail Australia's live coverage will resume at 8am local time on Thursday, June 26.

 
  • #94

Each side's arguments on why Erin Patterson left hospital​


By Mikaela Ortolan​

Justice Beale continues recapping evidence from Ms Patterson that she asked a doctor at the Leongatha hospital, "Why do you think I've eaten death cap mushrooms?"

In her evidence, Ms Patterson said she was anxious in hospital because no-one was giving her updates on the other lunch guests.

Justice Beale reminds the jury that the prosecution argues the only explanation for Ms Patterson's reluctance to get medical help was she knew she had not consumed death cap mushrooms.

The defence argues, meanwhile, that there is a reasonable explanation for Ms Patterson's behaviour.



The judge reminds the jury of the defence argument that Ms Patterson found it difficult to accept she could be suffering from death cap mushroom poisoning, had a history of self-discharing from hospital and tended to second-guess medical advice.

 
  • #95
The prosecution highlighted many discrepancies, acknowledged lies from the accused (and questionable behaviour from her also) throughout this trial and did so in an excellent, concise and organised manner.

We'll wait and see...
How can the judge say, EP is of good character: telling lies to police, doctors, hospital staff, sending out a false media report, removing sim card while police are at her home etc
 
  • #96
1m ago

That's all for now — but the judge's directions won't finish tomorrow​


By Mikaela Ortolan​

Justice Beale tells the jury he'll turn next to the alleged incriminating conduct related to the store-bought dried mushrooms.

Noting the time of the day, the judge says it's best if the jury hears that evidence as a single block, and sends the jury members out until tomorrow.

Before they leave, the judge says his directions "won't finish tomorrow".

We'll leave our coverage there for the day here, and see you when the judge's directions resume tomorrow.

 
  • #97
2m ago07.31 BST

What the jury heard on day 37​

Here’s a recap of what the jury heard on day 37 of Erin Patterson’s triple murder trial:

1. Justice Christopher Beale told the jurors he would not finish instructing them on Thursday, meaning the earliest deliberations could begin is Friday.

2. Beale said the jury did not need to accept the opinions of expert witnesses in the trial. He said the testimony of expert witnesses were pieces of evidence the jury could choose to accept or reject. The jurors were the “judges of the facts in this case”, he said.

3. Beale began outlining Patterson’s alleged incriminating conduct that the prosecution has raised. He said the defence has argued there are other innocent explanations for the conduct the prosecution relies on.

 
  • #98
8 minutes ago

Judge's charge to continue tomorrow
Justice Beale summarised the evidence relating to Erin refusing treatment on her first presentation to hospital and discharging herself against medical advice.
He said the prosecution argued that the only explanation for this behaviour was that she knew she had not consumed death caps at the lunch.
But he said the defence argued that she had a history of discharging herself against medical advice and hated hospitals generally.
Justice Beale told the jury he would summarise the remainder of the alleged incriminating conduct tomorrow.
He added: “I won’t be completing my charge tomorrow.”
This means the jurors will not start their deliberations until Friday at the earliest.

 
  • #99
I like that the judge pointed out that the defence challenged Mr Fox-Henry’s qualifications but didn’t challenge the actual evidence he gave.
 
  • #100
He added: “I won’t be completing my charge tomorrow.”
This means the jurors will not start their deliberations until Friday at the earliest.

I don't think they will start deliberating on Friday even if the Judge's charge finishes sometime on Friday morning.

If they were to start deliberating on Friday, the jury would be sequestered in a hotel for that weekend whereas if they start on Monday they would not need to be sequestered until Monday night.
 
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