Latest news with #CrownProsecutor
News.com.au
2 days ago
- News.com.au
Erin Patterson trial: Judge tells jury alleged mushroom poisoner admitted lies
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.
ABC News
2 days ago
- ABC News
Financial consultant ordered to live with parents before trial over sexual assaults, bad cheques
A Sydney financial consultant will live with his parents under strict bail conditions for a year as he awaits trial for dozens of sexual assault charges, accused of paying sex workers with dishonoured cheques and failed bank transfers. Mark Steven Sarian on Thursday pleaded not guilty to 49 charges, including 38 counts of sexual intercourse without consent, which relate to 12 women who allege they were fraudulently induced into sexual activity. The Crown alleges that over a five-month period in 2024, he agreed to pay the women for specified sexual acts either by cheque or deposit before blaming bank delays, promising to try another transfer when one failed, or complaining about their services. The 36-year-old's legal team will argue that he had a genuine intention to pay the complainants when he faces a trial next June, which is estimated to run for up to five weeks. Amendments to NSW law in 2022 aimed to better cover circumstances involving consent where participation in sexual activity is tied to so-called "fraudulent inducements". During a bail application on Thursday, the NSW District Court heard Mr Sarian told police, on body-worn camera: "They're just hustling me for cash." The Crown argued Mr Sarian had "no intention to pay" and handed over cheques to the first six complainants from a bank account that had been closed for over a decade. "The Crown submission is he has a compulsive determination to continue that offending," Crown prosecutor Ross Stainer said. The court heard that when two of the women confronted him, Mr Sarian complained about being "taken for a ride". "I wasn't given the service … It wasn't very entertaining. I'm trying to f****** teach her how to run her business," he allegedly said. "You just took me for a f****** ride and so I decided not to pay you." Mr Stainer argued that this approach continued when other complainants pursued him and Mr Sarian "lecture(d) them about how to run a business". Some complainants were paid from different accounts where a transaction appeared to be pending but it contained insufficient funds, the court heard. Another woman was asked by Mr Sarian for an invoice and was also "lectured", while one even opened a different bank account at his instruction. "It's just prevarication, because he had no intention to pay," Mr Stainer argued. The court heard Mr Sarian suggested to the women he was "a powerful person" and he told one of them chasing invoices was part of being an entrepreneur. "Get used to it," he allegedly said. Mr Sarian's defence counsel, Michael Gleeson, urged the judge to take a "creative" approach to stringent bail conditions and bestow a level of compassion on his client, given his mother has cancer and has been told she may live for less than 12 months. Mr Gleeson highlighted his client's community ties, including his father who attended court this week and was willing to welcome Mr Sarian back into the home. Judge Sharon Harris accepted the Crown case appeared strong, but said a "combination of factors" led her to conclude bail should be granted. Mr Sarian was handed strict conditions including to not leave the home unless for reasons such as work, medical or legal appointments and to report to police daily. He is banned from using encrypted messaging platforms, contacting any prosecution witness, consuming any restricted non-prescription substances and must surrender his passport. He is also prohibited from leaving NSW without court approval.
Daily Mail
3 days ago
- Daily Mail
No-nonsense judge loses it at paedophile - and hands down tough jail sentence: 'Abhorrent'
A judge has unleashed on a man described as one of Queensland 's worst paedophiles, jailing him for life and barring him from parole for at least 20 years. On Friday the man, who cannot be identified in order to protect the identities of his victims, was found guilty by a jury of two counts each of indecent treatment of children under 12 and rape, one count of indecent treatment of children under 12 under care, and one count of maintaining an unlawful sexual relationship with a child. The man had moved in with a woman he met online and began grooming and sexually abusing her young daughter. The man had entered guilty pleas at the start of the trial to his less serious charges -four counts each of making child exploitation material, and indecent treatment of children under 16 under care, and one count of possession of child exploitation material. But during sentencing, Judge Michael Byrne described the guilty pleas as a 'cynical attempt to persuade a jury to the false argument that you had pleaded guilty to everything you had done to these children'. 'Your offending is fundamentally abhorrent,' the judge said, according to The Courier Mail. 'You have shown to remorse.' Crown prosecutor Ben Jackson described him as 'one of the worst sex offenders in the state of Queensland' and said the offending against what was effectively his stepdaughter was 'haunting'. 'He did have a level of sexual obsession of (the victim) which was extremely depraved in nature,' Mr Jackson told the Ipswich District Court. 'The offending itself... involved an extreme abuse of trust, and there was a level of cunning that he displayed. 'The utter depravity of the man was demonstrated by him showing the victim images of her own abuse that he had carried out. 'He also filmed it... He didn't care about her one bit. He was all about himself and his sexual needs, regardless of the price she had to pay for that.' The man was sentenced to life in prison, and he was one of the first offenders to be barred from parole for at least 20 years under recent law changes. His latest conviction comes after he was in and out of the courts for years for similar offences, including maintaining a sexual relationship with two children who were the daughters of a previous partner. His previous conviction for maintaining a sexual relationship with a child and rape meant he automatically faced a life sentence. With time already served, he will be eligible for parole in 14-and-a-half years.
Daily Mail
3 days ago
- Daily Mail
Erin Patterson mushroom murder trial LIVE updates: Judge wraps up his final instructions to the jury as the marathon trial enters its final days
Podcast All episodes Play on Apple Spotify 22:21 Jury told about Patterson's 'alleged incriminating conduct' Towards the end of Wednesday's proceedings, Justice Beale spoke to the jury about the topic of Patterson's 'alleged incriminating conduct'. 'The prosecution (Crown prosecutor Dr Nanette Rogers SC pictured) argued Patterson knew she was guilty and did what she did to conceal her guilt,' Justice Beale said. However, Justice Beale told the jury the defence has reasons for Patterson's behaviour. 'The defence claimed there were innocent explanations for that behaviour,' he added. Justice Beale listed some of that alleged 'incriminating' conduct: 1. She lied about being unwell after the lunch 2. Patterson lied about the Asian grocer mushrooms 3. She refused treatment at hospital and left against medical advice 4. She had reluctance to accept treatment the second time at hospital 5. Patterson was reluctant to get kids treated on July 31 6. Why would she have fed the kids leftovers? 7. She reset Phone B multiple times on August 2 8. She dumped the dehydrator 9. On August 5, she provided Phone B instead of Phone A 10. Patterson lied to cops about her phone number 11. She lied about foraging 12. She lied about owning a dehydrator Justice Beale told the jury about the defence and prosecution's reason why Patterson left hopsital the first time early on July 31. He alerted the jury that thos morning he will commence talking about the topic of the Asian store mushrooms claim. The trial will resume at 10.30am. 22:20 Phone B factory reset multiple times The jury was again taken through the phone data contained within the Samsung A23 Patterson (legal team pictured) handed to police after they searched her home on August 5. The device, known throughout the trial as 'Phone B', was factory reset multiple times including while the device was in a secure storage locker at Homicide Squad HQ in the city. Justice Beale reminded the jury how phones were factory reset multiple times over different days following the lunch. He said Phone B factory reset remotely while it was in the police locker. 'After the phone had been taken into police custody, investigators can and should isolate the device from the network,' Justice Beale said. This can be done by putting the phone on airplane mode, the jury was told. 'Isolating the phone is critical to ensure data remains in its original state,' Justice Beale added. 22:19 Patterson 'likely' made iNaturalist search Yesterday, Justice Beale took the jury through the evidence of Patterson who said she couldn't remember if she looked up the iNaturalist website. The jury was told Patterson said she couldn't remember making the search but conceded it was likely it was her and not her children who made the search. Patterson, during her evidence, said she couldn't remember if she had an interest in death cap mushrooms on May 28, 2022 but said she wanted to know if death caps grew in South Gippsland. 'I wanted to know if death cap mushrooms grew in South Gippsland, and I found out that they didn't,' Justice Beale said Patterson previously told the jury. The jury was reminded the iNaturalist May 28 search was for a death cap sighting at Bricker Reserve in Moorabbin. Patterson judge to continue his address to the jury Justice Christopher Beale commenced his address to the jury - or 'charge' - on Tuesday after giving jurors a four-day weekend to prepare for the closing stage of the marathon Erin Patterson murder trial. Justice Beale indicated that his address will likely last until sometime today. Patterson, 50, is accused of murdering her in-laws, Don and Gail Patterson (both pictured), and Gail's sister, Heather Wilkinson, after allegedly serving them a beef Wellington lunch made with death cap mushrooms. Patterson is also accused of attempting to murder Heather's husband, pastor Ian Wilkinson, who survived the lunch after spending several weeks in an intensive care unit. The court heard Patterson's estranged husband, Simon, was also invited to the gathering at her home in Leongatha, in Victoria's Gippsland region, but didn't attend. Witnesses told the jury that Patterson ate her serving from a smaller, differently-coloured plate to those of her guests, who ate off four grey plates. Patterson told authorities she bought dried mushrooms from an unnamed Asian store in the Monash area of Melbourne, but health inspectors could find no evidence of this.
CBC
5 days ago
- CBC
Sex assault charges withdrawn against Ottawa police superintendent
Social Sharing Three years after an Ottawa police superintendent was suspended amid an investigation into his alleged grooming and sexual assault of a female recruit, the criminal charges against him were withdrawn in court Monday at the request of the prosecution. Supt. Mark Patterson, now 56, was suspended with pay in June 2022 and charged by Ontario Provincial Police in December 2022 with two counts of sexually assaulting the woman, as well as breach of trust for "abusing his position of authority to engage in sexual activity." It was alleged to have occurred between late 2018 and 2022. The assistant Crown prosecutor assigned to the case, Vlatko Karadzic of the Kitchener-Waterloo region, explained briefly in Superior Court Monday that the complainant "is no longer interested in participating in the criminal process." Without a willing witness the Crown had no reasonable prospect of conviction, and asked the judge to withdraw the charges. Justice Anne London-Weinstein complied. Defence lawyer Mark Ertel, asked by the judge for his comments after Karadzic spoke, said it's "unfortunate it took this long" and that his client has maintained his innocence. Patterson had been scheduled to stand trial before a judge alone for nine days in early September. He displayed no emotion while sitting in the courtroom gallery, or while walking out of the courthouse. Still suspended with pay The superintendent remains suspended with pay. He has so far collected over $500,000 in salary, according to the province's annual public sector salary disclosure, colloquially known as the Sunshine List. Now that Patterson's criminal matter has concluded, an investigation under the Police Services Act will resume and could result in disciplinary charges. The investigation is being led by Ontario Provincial Police and updates will be provided when available, the Ottawa Police Service (OPS) wrote in an email Monday. Meanwhile, the force is reviewing what happened in court. 'A difficult thing' Outside the courtroom, Ertel said Patterson can't comment because he could still be charged. "He feels vindicated today," Ertel said, and hopes that the disciplinary charges "never get off the ground and he can get back to work." Asked about the complainant backing out amid scrutiny on the justice system's handling of sexual assault cases, as in the ongoing Hockey Canada trial, Ertel said "it's understandable." "It's a difficult thing, obviously, to go through a criminal prosecution where you're going to be going over some of the very intimate details of your life, the relationships you have with other people, that sort of thing," he said. "Somebody's got to take a look and this and decide if there's some better way to solve these problems than the sledgehammer of the criminal process, which really destroys everyone involved ... not just the complainant, but the accused as well." The burden is heavy on the Crown in these cases, Ertel said. They often come down to one person's word against another's, with little concrete evidence to back up a complainant's version. That makes it "difficult if not impossible" for the Crown to get a conviction when the bar is as high as it is: beyond a reasonable doubt. Chief called allegations 'very serious' in 2022 When the charges against Patterson were announced in 2022, CBC News obtained an email sent by Chief Eric Stubbs to the rest of the OPS. "I know this information is very concerning to all of us and the community we serve," Stubbs wrote. Patterson had been "immediately suspended" when the allegations were made, he added. "Our service takes all allegations of sexual assault and harassment very seriously. We have no tolerance of either. It is damaging and debilitating to all those impacted," Stubbs said at the time, without releasing any details of the allegations. "The allegations and charges in this case are very serious and it is important that we respect the judicial process and for all the facts to be heard." Patterson previously in charge of recruiting Patterson has been a police officer for 28 years. At the time of his suspension he was superintendent of the intelligence directorate and oversaw units such as intelligence and surveillance. Previously he had been a public-facing senior officer in charge of recruiting new officers to the service. CBC had learned the allegations were related to his time in recruiting — specifically a sexual relationship Patterson was alleged to have had with a woman he recruited to be a police officer after meeting her through a local gym. That gym was the scene of a January 2019 Ottawa police "jobposal," in which police formally offer a new recruit a job. In that video, posted to social media, Patterson showed up at the gym in uniform to offer a recruit a job. "She said YES!" an Ottawa police Twitter account wrote. Patterson's personal Instagram account, which was made private after his suspension, shows he posted congratulatory messages with the pictures of at least five female police recruits who went from the gym to the police service.
