What the mushroom jury has to consider before verdict
Her former in-laws, Don and Gail Patterson, Gail's sister Heather all died after the beef Wellington lunch on July 29, 2023, while Heather's husband Ian Wilkinson survived.
KEY POINTS PROSECUTORS WANT THE JURY TO CONSIDER
* Patterson used a fake medical issue as a reason for the lunch and then lied to her guests about having cancer
* She intentionally poisoned the beef Wellingtons with death cap mushrooms she had foraged months earlier
* Patterson served the beef Wellingtons in individual parcels so she could appear to eat the same meal without consuming any death caps
* She served her meal on a different coloured plate because she knew the other servings were poisoned
* Patterson pretended to be sick after the meal to try to avoid suspicion
* She carried out a sustained cover-up after the lunch, including lying about foraging for mushrooms, wiping her mobile phone and dumping her food dehydrator
* Patterson lied about throwing up after the lunch and seeking out gastric bypass surgery
* She was not a credible witness so jurors should disregard her evidence
KEY POINTS THE DEFENCE WANTS JURORS TO WEIGH UP
* The fatal meal was an accident and Patterson never intended to serve her lunch guests death cap mushrooms
* The case against Patterson is flawed and prosecutors have been selective in their evidence
* There is no evidence of a motive - in fact, there is evidence she had good reasons not to kill her lunch guests
* Patterson had strong relationships with her former in-laws and they were close to her children - why would she want to ruin that?
* If she intentionally poisoned some of the beef Wellingtons, then she would have marked the pastry instead of serving her 'safe' meal on a different plate
* Patterson lied about having cancer because she was embarrassed about her plans to undergo weight-loss procedures
* She was unwell after the lunch, as evidenced by her blood test results and diarrhoea. She was just less sick than her lunch guests
* Patterson told some lies because she panicked and was worried she would be falsely blamed
DIRECTIONS FROM THE JUDGE
* They can use Patterson's admitted lies to assess her credibility but the lies alone are not evidence of guilt
* The jurors are the judges of the facts and do not have to accept the opinions of experts who gave evidence
* Disregard prosecution claims Patterson's children would have been sick if they ate the lunch leftovers - there was no evidence to test this theory
* Prosecutors do not have to prove a motive although the lack of motive could be considered when assessing whether Patterson had intention to kill
* Resist bias or sympathy for Ian Wilkinson or the family of the victims
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After hearing more than two months of evidence, the jury must decide whether Patterson, 50, intentionally served her lunch guests beef Wellingtons laced with death cap mushrooms. Her former in-laws Don and Gail Patterson, and Gail's sister Heather, all died after consuming the lunch at Patterson's regional Victorian home on July 29, 2023. Heather's husband Ian Wilkinson also ate the meal but survived after spending months in hospital. Patterson claims it was all an accident and has pleaded not guilty to three counts of murder and one charge of attempted murder. The jury heard from more than 50 prosecution witnesses throughout the trial before Patterson entered the witness box for eight days. The prosecution and defence then spent a week delivering their closing arguments before Justice Christopher Beale provided his directions to the jury. He said the jurors needed to consider whether the prosecution had proved beyond reasonable doubt Patterson deliberately served death caps with the intention to kill her guests. Justice Beale reminded the jurors if they held any doubts about Patterson's guilt, they must acquit her. "You cannot be satisfied that the accused is guilty of an offence if you have a reasonable doubt if she is guilty of the offence," he told the jury on Monday. The jury is being sequestered during the deliberations and will have to remain together until unanimous verdicts are reached on all charges. Justice Beale reiterated that every juror must agree on the verdict, although it did not matter how each person reached their conclusion. He reminded the jurors they cannot return home until their unanimous decision. The jury can deliver its verdicts any time from 10.30am to 4.15pm on Monday through to Saturday. They'll remain sequestered on Sunday if they have not reached a verdict but will not deliberate that day. The jury will return to the court to reconvene their deliberations on Wednesday morning. The mushroom trial jury has been sent back to their accommodation after completing their first full day of deliberations on whether Erin Patterson is guilty of a triple murder. Twelve jurors retired to consider their verdict on Monday afternoon as the Victorian Supreme Court trial at Morwell, in regional Victoria, reached its 10th week. They returned to the court about 10.30am on Tuesday where they spent a full day deliberating before being sent home to their sequestered accommodation at 4.15pm. Black tarp has been placed across the front of Patterson's home, in Leongatha, since the jury retired to deliberate on Monday. After hearing more than two months of evidence, the jury must decide whether Patterson, 50, intentionally served her lunch guests beef Wellingtons laced with death cap mushrooms. Her former in-laws Don and Gail Patterson, and Gail's sister Heather, all died after consuming the lunch at Patterson's regional Victorian home on July 29, 2023. Heather's husband Ian Wilkinson also ate the meal but survived after spending months in hospital. Patterson claims it was all an accident and has pleaded not guilty to three counts of murder and one charge of attempted murder. The jury heard from more than 50 prosecution witnesses throughout the trial before Patterson entered the witness box for eight days. The prosecution and defence then spent a week delivering their closing arguments before Justice Christopher Beale provided his directions to the jury. He said the jurors needed to consider whether the prosecution had proved beyond reasonable doubt Patterson deliberately served death caps with the intention to kill her guests. Justice Beale reminded the jurors if they held any doubts about Patterson's guilt, they must acquit her. "You cannot be satisfied that the accused is guilty of an offence if you have a reasonable doubt if she is guilty of the offence," he told the jury on Monday. The jury is being sequestered during the deliberations and will have to remain together until unanimous verdicts are reached on all charges. Justice Beale reiterated that every juror must agree on the verdict, although it did not matter how each person reached their conclusion. He reminded the jurors they cannot return home until their unanimous decision. The jury can deliver its verdicts any time from 10.30am to 4.15pm on Monday through to Saturday. They'll remain sequestered on Sunday if they have not reached a verdict but will not deliberate that day. The jury will return to the court to reconvene their deliberations on Wednesday morning.
