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

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  • #741
Erin Patterson is the wealthy one in the family.
And was very generous with loaning large amounts to her husbands family members...
 
  • #742

2m ago
Ultimate issues now being discussed
Melissa Brown profile image
By Melissa Brown

The jury is back, and Justice Beale starts on the final 36 pages of his directions.

The judge again reminds the jury that the fact he mentioned a piece of evidence in his directions does not mean it is more important than other evidence he did not refer to.

He says he'll now talk about the ultimate issues of whether Erin Patterson deliberately included death cap mushrooms in the beef Wellingtons and whether she had the necessary state of mind to prove the charges.
 
  • #743
I knew that I'd seen this somewhere before.

"Erin Patterson had a collection of books about mushrooms which she kept at her home where her fatal beef wellington lunch took place, Daily Mail Australia has been told.

A friend claimed the shelves of her family home at Leongatha included books about delicious yet potentially deadly fungi."

I don't know whether this is true, as it's the same friend who said that Erin and her family were keen foragers...


I don't think I have read anywhere that it was the same friend, but I guess it would likely to be the same one. Who knows whether the police investigators tried to track down this "friend" and whether the prosecution had the opportunity to call them as a witness.
 
  • #744
Just now
Erin Patterson's character revisited
Melissa Brown profile image
By Melissa Brown

Justice Beale says he'll first address whether Ms Patterson had good reasons not to kill her lunch guests.

He says family members and friends, online friends and police gave evidence that she'd been a good mother, she had a strong bond with her in-laws, that Don and Gail Patterson were loving grandparents, and that Erin had no criminal history.

Then he reads out messages that were presented in the trial including that Ms Patterson wanted nothing to do with her in-laws and that the best thing she could do was to forget about the family.

He recalls evidence about Ms Patterson feeling isolated from the family in the time before the lunch.

He says sometimes, internal motivation may only be known to the person themself and that the only thing the jury had to be satisfied of was whether she did or did not commit the crimes.



 
  • #745
1m ago
Flare-ups between the Pattersons
Melissa Brown profile image
By Melissa Brown

Justice Beale spends a bit more time addressing Erin Patterson's feeling of being isolated from her in-laws.

He says the defence argued that the Patterson family were all good people and there was no reason to kill them.

Justice Beale says motive may be important but what the prosecution has to prove is intention.

He says the flare-ups between Erin and Simon Patterson over child support payments lasted only a handful of days in 2022.

He says Simon referred to other inflammatory messages from Erin.

But he says the police had access to Ms Patterson's devices and would have found them.

He says people who are separated have minor disputes and it does not prove a motive to kill one party's parents and aunt and uncle.



 
  • #746
Sorry for my ignorance, but how are teeth connected to bulimia?
The acids from the reflux causes etching of the teeth. It is often prevalent on the palate side of the upper incisors. The etching results in white or chalky lesions.
 
  • #747

Just now
Why individual beef Wellingtons?
Melissa Brown profile image
By Melissa Brown

Justice Beale says the RecipeTin Eats recipe Erin Patterson said she used for the lunch was for one large beef Wellington.

He goes back to Ms Patterson's evidence about wanting to make something special for the lunch and shopping for the ingredients.

He recalls her evidence that she said she roughly followed the recipe but couldn't find one large log of meat.

He reminds them of other ingredient substitutions and the reasons Ms Patterson gave about them.

During the trial, prosecutors argued Ms Patterson served individual beef Wellingtons to allow herself to control the ingredients in her own portion.
 
  • #748
1m ago
Flare-ups between the Pattersons
Melissa Brown profile image
By Melissa Brown

Justice Beale spends a bit more time addressing Erin Patterson's feeling of being isolated from her in-laws.

He says the defence argued that the Patterson family were all good people and there was no reason to kill them.

Justice Beale says motive may be important but what the prosecution has to prove is intention.

He says the flare-ups between Erin and Simon Patterson over child support payments lasted only a handful of days in 2022.

He says Simon referred to other inflammatory messages from Erin.

But he says the police had access to Ms Patterson's devices and would have found them.

He says people who are separated have minor disputes and it does not prove a motive to kill one party's parents and aunt and uncle.




Sorry but that’s just simply not true. The police gave evidence that they never found her usual phone. So no, they didn’t have access to all the information that would have been available had she not disposed of the phone. IMO.
 
  • #749

1m ago
Justice Beale revisits the colour of the lunch plates
Melissa Brown profile image
By Melissa Brown

The judge returns now to Ian Wilkinson's evidence about Erin Patterson serving herself lunch on a rust-coloured plate while the other guests ate from grey plates.

He then goes to evidence from Simon Patterson about Heather Wilkinson mentioning the colour of the plates when Simon saw Heather and Ian when they were unwell the next day.

Justice Beale says that under cross-examination, Simon said he was familar with Erin's crockery and that she had a mismatch of plates.

He's now going through what various witnesses told the court and police about plates found at Ms Patterson's house.
 
  • #750
Just now
Erin Patterson's evidence about the plates
Melissa Brown profile image
By Melissa Brown

He now turns to Erin Patterson's evidence about the plates.

Justice Beale say she told the court she didn't own any large grey plates and that Ian Wilkinson's evidence was wrong.

He says she told the court she doesn't own a matching plate set.

Justice Beale says the prosecution told the jury Ian Wilkinson was a compelling and reliable witness who had no doubt about what he'd seen, and that he wasn't the only one to notice the different coloured plates.

He says the defence argued that the individual portions were all cooked on one baking tray and that the only way to control who was served the poisonous meal was to mark the pastry itself.

 
  • #751
Key Event
2m ago
Did Erin Patterson allocate her own plate?
Melissa Brown profile image
By Melissa Brown

Justice Beale says it was Ian Wilkinson's evidence that Heather Wilkinson and Gail Patterson each took two plates to the table and that Erin took her own.

Mr Wilkinson agreed there was no direction on who should take which plate, and that Erin finished the gravy while the others took their plates, the judge says.

He says Erin agreed with that evidence.

 
  • #752
So the only evidence of beef Wellington’s being cooked on same tray is from Erin herself? There is no evidence of that. And even if they had been presented that way the toxin itself was enclosed by pastry.
I wonder if Erin could have heated hers separately, ie not been on tray but elsewhere and the one on the tray been Simons portion, serving here to her own plate with the gravy unbeknown to other lunch guests after she had served the others?
 
  • #753
The issue is a lot of evidence comes only from EP. So the jury will have to consider that when they weigh things up.
 
  • #754
1m ago
Judge sums up prosecution and defence cases
Melissa Brown profile image
By Melissa Brown

Justice Beale tells the jury there were 125 exhibits in the trial.

"That's a lot of exhibits to get your head around," he says.

He again reminds the jury not to make any assumptions about the importance of a disputed event if it's not mentioned in a chronology they've been given.

"It's been a long while since the prosecution and the defence finished their closing addresses so I just want to draw this part [of my directions] to a close by just reminding you of some themes just to stimulate your memory," he says.

He says the prosecution case's included that Erin Patterson prepared and served individual beef Wellingtons to control the ingredients, lied about having cancer to get her guests to attend the lunch, pretended to have death cap mushroom poisoning and pretended to be a forager for edible mushrooms.

The prosecution also alleges Ms Patterson told many lies, including about having diarrhoea and not owning a food dehydrator.

He says the defence case included whether there was a reasonable possibility that the death cap mushrooms were accidentally included in the meal, that the prosecution "cherry picked" its evidence, that the absence of motive made it more likely it was an accident and warnings about the danger of relying on "hindsight reasoning".

 
  • #755
The issue is a lot of evidence comes only from EP. So the jury will have to consider that when they weigh things up.
That's right. I am sure she bought the grey plates and then disposed of them. Even her son and her son's friend mentioned they were a whitish/grey colour.

Surely Simon must realise this? He must remember from past experiences? And that there was a spare Beef Wellington for him as well
 
  • #756
From evidence I read yesterday in an article, I'm not buying that Erin didn't do the plating, or know which guests were getting which portion (meaning poisoned vs. non-poisoned). Her plate was probably on the bottom of the pile, and she knew which portion wasn't poisoned IMO.
 
  • #757
Just now
Instructions about reaching a verdict
By Jesse Thompson

The judge turns now to the final part of his directions, which relate to arriving at a verdict.

Justice Beale directs the jury that its verdict must be unanimous in relation to each charge.

He tells the jury that this does not mean they must all reach their verdict the same way.

"No matter how you reach your verdict, you must all agree," he says.

Once jury members have reached a unanimous verdict, they will push a buzzer and return to court.

The members will be sequestered as they deliberate Monday to Saturday, but they will not get to go home on Sunday.

Their deliberation will take place during court hours.

 
  • #758
Just now
Instructions about reaching a verdict
By Jesse Thompson

The judge turns now to the final part of his directions, which relate to arriving at a verdict.

Justice Beale directs the jury that its verdict must be unanimous in relation to each charge.

He tells the jury that this does not mean they must all reach their verdict the same way.

"No matter how you reach your verdict, you must all agree," he says.

Once jury members have reached a unanimous verdict, they will push a buzzer and return to court.

The members will be sequestered as they deliberate Monday to Saturday, but they will not get to go home on Sunday.

Their deliberation will take place during court hours.

Can they press the buzzer now??? 😁
 
  • #759
1m ago
Jurors can ask questions
By Mikaela Ortolan

Jury members will be allowed to ask questions during their deliberations.

Justice Beale says there's one thing that must not be in a question before the court: the verdict that jurors are considering at that stage.

For example, if seven people are leaning one way and five the other, the judge does not want to know about it.

"You should only discuss the case with each other and you should only do that when you are all together in the privacy of the jury room," he says.

 
  • #760
He then tells the jury that he's nearing the end of his directions, saying he has reached page 329 of 365.
From my American perspective, 365 pages of jury instructions is ridiculous. That's the size of a hefty novel.
 
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