2 minutes ago
The topic of the Asian grocers
Justice Beale has turned to the arguments relating to Erin allegedly lying about using dried mushrooms from an Asian grocer.
He said the prosecution argued that Erin’s story about the Asian grocer “kept changing” and became “more elaborate” because the suburbs she was providing to the doctors and health officials were not consistent.
He added that the prosecution alleges she “sat on her hands” and was slow to respond to the questions by the Department of Health.
He also referred the jury to the prosecution argument that it “beggars belief” that Erin was able to recall dates, evidence and details easily during her evidence, but could not remember the exact location of the grocer.
But Justice Beale said the defence argued that Erin was largely consistent when she answered questions about where she had purchased the mushrooms and that the prosecution had “ignored the nuances of human behaviour”.
He also said the Department of Health did not investigate Asian grocers in Glen Waverley despite Erin mentioning the suburb, which could explain why health officials were unable to find dried mushrooms on store shelves matching Erin’s description.
If it was detected in the meat sample, then it stands to reason that the meat was contaminated from the Death Cap toxins seeping into it. That's the only way that the meat can get contaminated. The judge is making no sense to me. This thrown out portion was probably the one meant for Simon IMO, since presumably the other "leftovers" (the non-toxic beef portions) were consumed by Erin and her children.13:08
Forensic tests on mushroom duxelles probed
Justice Beale has moved to forensic tests of the mushroom paste found in leftovers from the lunch.
The jury heard a sample contained death caps, but it was unclear if it had penetrated the beef itself.
Dr Dimitri Gerostamoulos made several tests of multiple samples.
Justice Beale reminded the jury to be careful when assessing the evidence of each sample
'Again, that doesn't mean that the beta-amanitin was in the meat,' Justice Beale said.
'It simply means that the beta-amanitin was in the sample that contained the meat.'
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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
What a load of nonsense!13m ago
Turning now to an overheard conversation
By Mikaela Ortolan
The jury is back in the courtroom.
As promised, Justice Beale turns to evidence given by Katrina Cripps.
The child protection officer gave evidence that during her first conversation with Erin Patterson, the accused said she purchased pre-sliced mushrooms from a supermarket and dried mushrooms from an Asian grocer in either Oakleigh or Clayton. This conversation took place while Ms Patterson was in hospital.
In her evidence, Ms Cripps mentioned a conversation she overheard between Ms Patterson and Sally Ann Atkinson from the health department, where the accused told Ms Atkinson that she couldn't recall where she purchased the dried mushrooms.
She said she overheard Ms Patterson tell Ms Atkinson she was going to use the dried mushrooms in a carbonara but they had a strong smell. Ms Patterson reportedly said she put the dried mushrooms in the beef Wellingtons because they wouldn't be the primary flavour.
Later, Ms Cripps asked if Ms Patterson had picked the mushrooms that were used in the lunch, but she did not answer her.
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Judge continues instructions for jury in Erin Patterson triple-murder trial — as it happened
The judge in Erin Patterson's triple-murder trial is continuing to deliver his final instructions to the jury. Ms Patterson is accused of deliberately poisoning her relatives by serving them a meal containing death cap mushrooms. Follow the proceedings as it happened.www.abc.net.au
It is. But as the judge said, police are required to disable this by putting the phone into aeroplane mode and they didn't.Remotely wiping your phone while it's in police custody is an absolutely wild move
The judge reminds the jury that health department officials located dried mushrooms in Oakleigh that matched the packaging description Erin Patterson gave.3m ago
More on the store location, and a quick break
By Mikaela Ortolan
The judge reminds the jury that health department officials located dried mushrooms in Oakleigh that matched the packaging description Erin Patterson gave.
Justice Beale says the department's Sally Ann Atkinson gave evidence that Ms Patterson was "never precise" about the location of the store and it wasn't until their third conversation that she first mentioned Glen Waverley.
Ms Patterson was asked to look at some maps during the investigation, but struggled to remember the location of the store, the jury heard.
We take a break, with the judge indicating he will turn to the evidence of child protection officer Katrina Cripps when the hearing resumes.
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Judge continues instructions for jury in Erin Patterson triple-murder trial — as it happened
The judge in Erin Patterson's triple-murder trial is continuing to deliver his final instructions to the jury. Ms Patterson is accused of deliberately poisoning her relatives by serving them a meal containing death cap mushrooms. Follow the proceedings as it happened.www.abc.net.au
I love the wording. "She may have put foraged mushrooms in a Tupperware container." In other words, mushrooms that she - Erin, had foraged.2m ago12.20 AEST
Beale turns to Patterson’s evidence about the dried mushrooms.
He says Patterson said she realised on 2 August 2023 that she may have put foraged mushrooms in a Tupperware container including store-bought mushrooms that she used in the beef wellington.
Beale says Patterson said she did not lie in her police interview when she told investigators she purchased dried mushrooms from an Asian grocer in Oakleigh in April 2023 and used these in the beef wellington.
While testifying, Patterson agreed she did not mention to Dr Chris Webster from Leongatha hospital she used dried mushrooms from an Asian grocer, the court hears.
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Still trying to pin it on an uninspecting Asian grocer."But Justice Beale said the defence argued that Erin was largely consistent when she answered questions about where she had purchased the mushrooms...
----"largely consistent?' lol. Doesn't that mean 'inconsistent?' She was 'largely' consistent but not wholly consistent...so inconsistent.
"... and that the prosecution had “ignored the nuances of human behaviour”.
The nuances of human behaviour? That's how they try to describe her ridiculous behaviour when questioned about her lunch guests who were all near death?
"He also said the Department of Health did not investigate Asian grocers in Glen Waverley despite Erin mentioning the suburb, ..."
Oh come on, she 'mentioned' Glen Waverly after saying three other suburbs first. They had already wasted thousands in resources and precious time searching the other areas. She cried wolf and they knew it by then.
"...which could explain why health officials were unable to find dried mushrooms on store shelves matching Erin’s description."
Oh my Lord, I sure hope no one believes this. What a crock.
Why weren't people dropping dead in Glen Waverly then?
Maybe some other 3rd kind of mushroom, but they certainly weren't Death Caps. It was pure luck if they found some matching her packaging descriptions. A hand-written label sounds sketchy to me...The judge reminds the jury that health department officials located dried mushrooms in Oakleigh that matched the packaging description Erin Patterson gave.
What inference is Beale making here? She didn't buy the Death Caps at an Asian Grocery store!
Personal theory, if there had been more death cap mushrooms available to find in Outrim on that day, perhaps Erin would have supplied the hospital with a half-used punnet of Woolies mushrooms which upon testing would have been found to contain some death caps thereby "proving" the source of the contamination. The Asian mushroom story had not been started at this point in time.Since that phone data regarding the possible Outtrim trip was mentioned by Dr Rogers I was sure that she was going to bring this theory up during Erin's cross, but maybe she decided against it given the phone data was vague.
Theory - Erin attended hospital on the Monday morning and discovered that doctors had already figured out death caps were involved, AND were insistent on Erin being admitted for treatment & blood tests.
Knowing that she wasn't at all sick, Erin panicked, checked herself out of hospital and drove to Outtrim looking for more deathcaps to micro-dose herself.
I can't think of any other reason for her to rush to Outtrim instead of starting treatment. It certainly wasn't to pack a ballet bag or have a nap.
If she had succeeded and found more deathcaps, she would have soon developed real symptoms, perhaps the three deaths of the other lunch guests would have been assumed an innocent accident and we wouldn't be here.
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So she would have blamed Woolworths?Personal theory, if there had been more death cap mushrooms available to find in Outrim on that day, perhaps Erin would have supplied the hospital with a half-used punnet of Woolies mushrooms which upon testing would have been found to contain some death caps thereby "proving" the source of the contamination. The Asian mushroom story had not been started at this point in time.
All MOO
Key Event
14m ago
Turning now to the children's medical treatment
Mikaela Ortolan profile image
By Mikaela Ortolan
The judge turns his focus to another alleged incriminating act: Erin Patterson's reluctance to get medical treatment for her children.
Justice Beale returns to evdience given by Kylie Ashton, a nurse at Leongatha hospital, who told the trial about a conversation she had with Ms Patterson.
The nurse said she told Ms Patterson that scraping the mushroom paste off the leftovers she fed to her children would not guarantee they wouldn't get sick.
The judge says another health worker stressed the urgency with which Ms Patterson should take the children to hopsital for assessment.
The judge mentions how Ms Patterson asked one of the doctors if a blood test could tell whether or not the children were sick.
He says Ms Patterson said she initially didn't want to worry the children, but eventually agreed to bring them to hospital.
Key Event
26m ago
Jury told to disregard suggestion children would be sick from leftovers
Mikaela Ortolan profile image
By Mikaela Ortolan
Justice Beale tells the jury to disregard the argument that toxins would have penetrated the leftover meat Erin Patterson says she fed her children.
The prosecution suggested the children would have become unwell if they at the leftovers, but the judge says no expert was asked whether they would still experience symptoms if the mushroom paste and pastry had been scraped off the leftover meat.
"You have no expert evidence as to if that would be the case, so I direct you to disregard that evidence," he says.
"You would be speculating if you were to go down that path."
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Judge continues instructions for jury in Erin Patterson triple-murder trial — as it happened
The judge in Erin Patterson's triple-murder trial is continuing to deliver his final instructions to the jury. Ms Patterson is accused of deliberately poisoning her relatives by serving them a meal containing death cap mushrooms. Follow the proceedings as it happened.www.abc.net.au
Let's count them:It's just... silly.
Funny the things she minimizes.
JMO
The prosecution said Patterson was reluctant because she knew she was not suffering death cap mushroom poisoning, Beale says.The whole point of being in hospital was to get treatment.