11.04am
What happens during the judge’s charge?
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Welcome to our coverage of day 38 of the triple murder trial of accused mushroom cook Erin Patterson in Morwell, in which Justice Christopher Beale is continuing his judge’s charge for a third day.
In a criminal jury trial, a judge’s charge is their final instructions to the jury about what they need to consider when they begin their verdict deliberations. They also summarise the main arguments of the defence and prosecution, highlighting key evidence from the trial.
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’s husband, Ian Wilkinson, survived after weeks in hospital.
The judge’s instructions cover a range of topics, including relevant law, the jury’s responsibilities, and the elements of an offence that must be met to reach a guilty verdict.
In the case of murder, the legal bar the prosecution must reach is beyond reasonable doubt.
Beale said there would be three parts to his charge.
“First, I will give you directions regarding the principles of law which apply to this case. Some you have heard already, others will be new to you. You must apply all these principles of law carefully,” he said.
“Secondly, I will tell you the issues that you need to decide and will summarise: (a) the evidence that relates to those issues, and (b) the arguments made by the prosecution and defence in relation to those issues.
“Now, as you more than anyone will appreciate, there has been a great deal of evidence in this case and a lot of arguments made to you by the prosecution and defence.”
Beale said his summary would not cover all the evidence and arguments, reiterating to the jury that the fact he does not mention some evidence does not mean that that evidence is unimportant.
“Similarly, the fact that I include certain evidence does not make that evidence more important than other evidence. You must consider all of the evidence, not just the parts of it that I mention.
“In part three of my charge, I will give you further directions regarding the requirement that your verdicts must be unanimous and the procedure that will follow when receiving your verdicts.”
At the end of part three of the charge, Beale will reduce the number of jurors from 14 to 12 using a ballot system.
11.16am
How long until the jury begins deliberating?
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Justice Christopher Beale began his charge on Tuesday, after the
prosecution and
defence teams made closing addresses to the jury last week.
The jury has been told the judge’s charge will continue for a few more days.
“I’ll be completing my charge prior to lunchtime on Monday,” Beale said.
Beale said the jury will not be sequestered until then.
From Monday, they will stay in accommodation after hours until they reach a verdict.
11.57am
Patterson’s alleged incriminating conduct
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Justice Christopher Beale begins to take the jury through a list of the alleged incriminating conduct relating to accused mushroom cook Erin Patterson, which the prosecution is relying on.
Patterson’s alleged incriminating conduct
- Lied about being unwell
- Lied about using dried mushrooms from an Asian grocery in the beef Wellingtons served at the fatal lunch on Saturday, July 29, 2023
- Refused treatment on her first presentation at Leongatha Hospital and left against medical advice
- Reluctant to receive treatment on her second presentation at the hospital
- Reluctant to obtain medical treatment for her children
- Lied that she fed her children leftovers from the beef Wellingtons – with the mushroom paste scraped off – on the evening of Sunday, July 30, 2023
- Reset phone B multiple times from August 2, 2023
- Disposed of a dehydrator at the local tip on August 2, 2023
- Gave police phone B on August 5 instead of her usual phone, phone A, which has never been recovered
- Lied in a police interview on August 5, 2023 that her phone number ended in 835 when it ended with three different digits; lied that she had never foraged for mushrooms; lied that she had never dehydrated food; and lied about not ever owning a dehydrator, including years ago
“The prosecution argues the only reasonable explanation for her unwillingness to receive emergency treatment … is that she knew she hadn’t consumed death cap mushrooms because she had deliberately poisoned her guests … making sure she also did not consume toxins,” Beale said.
“Defence says … she found it difficult to accept she may have suffered death cap mushroom poisoning. She had not come prepared to be admitted overnight. She needed to make arrangements for the children and the animals … and was intending to return [to hospital].”
The jury in the trial of Erin Patterson, accused of murdering three people with a poisonous mushroom meal, is now deliberating its verdict.
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