Erin Patterson trial: Judge tells jury alleged mushroom poisoner admitted lies

News.com.au

3 days ago

Prosecutors allege Erin Patterson faked being sick in an effort to avoid suspicion after the illnesses of her husband's family members, the judge overseeing her triple murder trial has told the jury.
Continuing his summing up of the arguments and evidence in the case, Justice Christopher Beale turned to the final piece of alleged incriminating conduct prosecutors argue can only be reasonably explained by Ms Patterson holding the belief she was guilty of the charged offences.
This was Ms Patterson allegedly lying about being unwell and faking death cap mushroom poisoning.
Justice Beale said Crown prosecutor Nanette Rogers SC had argued not a single medical witness observed her to be unwell and asked them to compare that to the experience of the lunch guests.
Dr Rogers, he said, argued when Ms Patterson was discharged with no evidence of death cap poisoning on August 1 each of the guests were on life support in an advanced state of organ failure.
The judge said prosecutors argue there was no medical evidence to support vomiting that would prevent serious illness and she had not told a single doctor about this claim.
'She was not sick with death cap mushroom poisoning, she was lying about it,' he summarised.
Defence, Justice Beale said, had questioned if it was possible for people to share the same meal and have different outcomes.
Defence barrister Colin Mandy SC, he told the jury, had argued there was no evidence to answer that question.
'The accused account is consistent in every meaningful way,' the judge said Mr Mandy argued.
Justice Beale said defence argued she was not faking illness and pointed to her low potassium, elevated haemoglobin and elevated fibrinogen.
'You can't fake that,' he said Mr Mandy argued.
Justice Beale said jurors could use alleged incriminating conduct to assess Ms Patterson's credibility or as an implied admission of guilt.
But he directed the jury they could only use the alleged conduct in that way if it was the only reasonable explanation.
'Even if you think the conduct makes the accused look guilty, that does not mean the accused is guilty,' Justice Beale said.
Jurors were sent home shortly before 1pm after Justice Beale reaffirmed he would complete his final address on Monday before lunchtime.
'Ladies and gentlemen don't let anybody get in your ear over this weekend, only discuss this case with your fellow jurors in the jury room,' he said.
'You've been doing a great job, see you on Monday.'
Ms Patterson, 50, has pleaded not guilty to three counts of murder and one count of attempted murder relating to a beef wellington lunch she hosted on July 29, 2023, with members of her estranged husband's family.
Simon Patterson's parents, Don and Gail Patterson, and his aunt, Heather Wilkinson, died from death cap mushroom poisoning in the week following the lunch.
Ms Wilkinson's husband, Ian Wilkinson, also fell critically ill but recovered after about a month and a half in hospital.
Prosecutors allege Ms Patterson intentionally sourced and included death cap mushrooms in the lunch intending to kill or seriously injure her guests.
Her defence argues that she did not intend to harm anyone, and the case is a tragic accident.
Mushroom cook admitted to lies: court
Alleged mushroom poisoner Erin Patterson has admitted she told a series of lies to police, the judge overseeing the trial has told the jury.
Continuing his summing up of the arguments and evidence in the case, Justice Christopher Beale turned to Ms Patterson's lies during her record of interview with police on August 5, 2023.
These were; she lied about never foraging for mushrooms, she lied about not owning a dehydrator, she lied about never dehydrating foods and lied by saying she may have owned a dehydrator years ago.
In the witness box, the judge said Ms Patterson had admitted these lies but explained that she 'probably knew' police would immediately suspect her in the poisoning event.
'She said it was a stupid knee-jerk reaction to dig deeper and she was scared,' Justice Beale said.
Justice Beale told jurors that prosecutors had argued these could be used as incriminating conduct or implied admissions of guilt.
The judge said Ms Patterson's defence had referenced an alleged conversation with her husband on August 1 where he accused her of poisoning his parents.
Simon Patterson denies this occurred.
Justice Beale said defence barrister Colin Mandy SC argued this alleged conversation was a 'turning point' where Ms Patterson began panicking, fearing she would be wrongly blamed.
'Its not incrimination conduct, she starts panicking, she starts lying,' he said Mr Mandy argued.
On Thursday, Justice Beale advised jurors they would be sent out to deliberate a verdict following the conclusion of his address on Monday next week.
The trial continues.