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The argument the jury was told to ignore
The argument the jury was told to ignore

ABC News

time3 days ago

  • ABC News

The argument the jury was told to ignore

As his charge to the jury ran through its third day, Justice Christopher Beale told the jury to specifically rule out one of the prosecution's arguments, relating to the leftovers she fed her children In this episode, Rachael Brown and Stephen Stockwell talk through the points Justice Beale highlighted as he ran through a list of alleged incriminating conduct following the lunch in July 2023 and answer some of your questions. If you've got questions about the case that you'd like Rachael and Stocky to answer in future episodes, send them through to mushroomcasedaily@ - It's the case that's captured the attention of the world. Three people died and a fourth survived an induced coma after eating beef wellington at a family lunch, hosted by Erin Patterson. Police allege the beef wellington contained poisonous mushrooms, but Erin Patterson says she's innocent. Now, the accused triple murderer is fighting the charges in a regional Victorian courthouse. Investigative reporter Rachael Brown and producer Stephen Stockwell are on the ground, bringing you all the key moments from the trial as they unravel in court. From court recaps to behind-the-scenes murder trial explainers, the Mushroom Case Daily podcast is your eyes and ears inside the courtroom. Keep up to date with new episodes of Mushroom Case Daily, now releasing every day on the ABC listen app.

Mushroom murder jury to decide Erin Patterson's fate as judge outlines her ‘incriminating conduct'
Mushroom murder jury to decide Erin Patterson's fate as judge outlines her ‘incriminating conduct'

The Independent

time3 days ago

  • The Independent

Mushroom murder jury to decide Erin Patterson's fate as judge outlines her ‘incriminating conduct'

The jury in the mushroom poisoning trial of Erin Patterson will start deliberating next week after judge Christopher Beale continued giving it instructions on Thursday. Ms Patterson, 50, has pleaded not guilty to murdering her former in-laws Don and Gail Patterson and Gail's sister, Heather Wilkinson, by allegedly serving them death cap mushrooms in a beef wellington lunch in July 2023. Her in-laws and Wilkinson died in the days after the meal from the effects of mushroom poisoning. Wilkinson's husband survived after weeks in hospital. Mr Beale reminded the jury of Ms Patterson's alleged incriminating conduct, which the prosecution has argued demonstrates her guilt. This included lying about using dried mushrooms from an Asian grocery, disposing of a dehydrator at the local tip, handing police a secondary phone and not her primary phone – which was never found – as well as lying that she fed her children leftovers from the beef wellington with the mushroom paste scraped off. Mr Beale also told the jury that Ms Patterson initially refused treatment and left the Leongatha Hospital against medical advice during her first presentation. During her second visit, she was again reluctant to receive medical care and seemed hesitant to seek treatment for her children. 'The prosecution argues the only reasonable explanation for her unwillingness to receive emergency treatment … is that she knew she hadn't consumed death cap mushrooms because she had deliberately poisoned her guests … making sure she also did not consume toxins,' Mr Beale told the jury. 'Defence says … she found it difficult to accept she may have suffered death cap mushroom poisoning. She had not come prepared to be admitted overnight. She needed to make arrangements for the children and the animals … and was intending to return to hospital.' The jury also heard that Ms Patterson reset a phone, referred to as phone B, multiple times in early August 2023, before handing it to police instead of her regular device, phone A, which was never found. On 2 August 2023, she allegedly disposed of a food dehydrator at a local tip. In a police interview three days later, prosecutors said she lied about her phone number, denied ever foraging for mushrooms, claimed never to have dehydrated food, and falsely stated she had never owned a dehydrator. Mr Beale began delivering his final instructions to the jury on Tuesday following closing arguments from both prosecution and defence last week. He said this process would continue until lunchtime on Monday after which the jury would be sequestered and remain in accommodation until they reach a verdict. Mr Beale also addressed the second major allegation – that Ms Patterson knowingly used toxic dried mushrooms. The prosecution had claimed she was evasive about their source when doctors urgently needed the information to treat victims, and that she gave inconsistent accounts of where she bought them – citing Oakleigh, Glen Waverley, and Mount Waverley. They had argued that her detailed memory of other events but not the shop 'beggars belief' and that the story about the Asian grocer 'just couldn't be true'. In contrast, the defence argued that the prosecution was cherry-picking, Mr Beale told the jury. They said Ms Patterson was broadly consistent, human memory was fallible, and that owning a dehydrator was unrelated to any malicious intent. They also criticised investigators for not checking the Glen Waverley shops. Earlier, Mr Beale reminded the jury: 'You are the judges of the facts.' Mr Beale said there would be three parts to his charge. 'First, I will give you directions regarding the principles of law which apply to this case. Some you have heard already, others will be new to you. You must apply all these principles of law carefully,' he said. 'Secondly, I will tell you the issues that you need to decide and will summarise: (a) the evidence that relates to those issues, and (b) the arguments made by the prosecution and defence in relation to those issues. Now, as you more than anyone will appreciate, there has been a great deal of evidence in this case and a lot of arguments made to you by the prosecution and defence.' He said: 'You must consider all of the evidence, not just the parts of it that I mention. In part three of my charge, I will give you further directions regarding the requirement that your verdicts must be unanimous and the procedure that will follow when receiving your verdicts.' The trial continues.

Erin Patterson trial: Judge tells jury they must ‘scrupulously guard' against sympathy for Patterson and Wilkinson families
Erin Patterson trial: Judge tells jury they must ‘scrupulously guard' against sympathy for Patterson and Wilkinson families

News.com.au

time4 days ago

  • News.com.au

Erin Patterson trial: Judge tells jury they must ‘scrupulously guard' against sympathy for Patterson and Wilkinson families

Jurors in the trial of alleged mushroom poisoner Erin Patterson have been told they must not let sympathy cloud their judgment when deliberating verdicts. Trial judge Justice Christopher Beale began his jury directions on Tuesday as the triple-murder trial entered its ninth week. 'It is for you, and you alone, to decide whether she is guilty or not guilty of these offences,' he said. 'You do that by deciding what the facts are in this case.' Ms Patterson, 50, is facing trial after pleading not guilty to murdering three members of her husband's family; his parents, Don and Gail Patterson, and Gail's sister, Heather Wilkinson. Heather's husband, Ian Wilkinson, survived the lunch and Ms Patterson has pleaded not guilty to a charge of attempted murder relating to his illness. Prosecutors allege she deliberately secreted death cap mushrooms in a beef wellington lunch she hosted on July 29, 2023, with the four as guests. Her defence, led by Colin Mandy SC, has argued the case is an accidental poisoning and his client did not intend to harm anyone. During his charge, Justice Beale explained to jurors they must guard against emotions such as sympathy or prejudice in their deliberations. 'The issue is not whether she is in some sense responsible for the tragic consequences of the lunch, but whether the prosecution has proved beyond a reasonable doubt that she is criminally responsible for those consequences,' he said. Justice Beale said the 'mere fact' Ms Patterson prepared the lunch should not influence their decisions, but added he was 'not asking you to be inhuman' 'None of us are robots,' he said. 'Any decent person would feel great sympathy for the Patterson and Wilkinson families, given what has befallen them, but you must scrupulously guard against that sympathy interfering with the performance of your duty.' Noting the 'unprecedented' media coverage of the trial, Justice Beale said jurors must disregard outside information and decide the case solely on the evidence. 'You and you alone are best placed to decide whether the prosecution has proven their case beyond reasonable doubt. No one else,' he said. Providing an update on the progress of his charge, Justice Beale joked there was 'no need to bring your toothbrush' on Wednesday. The trial continues.

Kill them all, or reconnect? Our Friday Wrap
Kill them all, or reconnect? Our Friday Wrap

ABC News

time20-06-2025

  • ABC News

Kill them all, or reconnect? Our Friday Wrap

The sides in Erin Patterson's triple murder trial delivered their closing addresses this week, with one calling the lunch a sinister deception and the other a friendly family gathering. In this episode, Rachael Brown and Stephen Stockwell talk through the key arguments from each side, share some reflections on the week and explain the next stages. If you've got questions about the case that you'd like Rachael and Stocky to answer in future episodes, send them through to mushroomcasedaily@ - It's the case that's captured the attention of the world. Three people died and a fourth survived an induced coma after eating beef wellington at a family lunch, hosted by Erin Patterson. Police allege the beef wellington contained poisonous mushrooms, but Erin Patterson says she's innocent. Now, the accused triple murderer is fighting the charges in a regional Victorian courthouse. Investigative reporter Rachael Brown and producer Stephen Stockwell are on the ground, bringing you all the key moments from the trial as they unravel in court. From court recaps to behind-the-scenes murder trial explainers, the Mushroom Case Daily podcast is your eyes and ears inside the courtroom. Keep up to date with new episodes of Mushroom Case Daily, now releasing every day on the ABC listen app.

Maybe? Likely? Probably? Defence's final bid to the jury
Maybe? Likely? Probably? Defence's final bid to the jury

ABC News

time19-06-2025

  • ABC News

Maybe? Likely? Probably? Defence's final bid to the jury

In a final bid to the jury, Erin Patterson's defence barrister argued his client gave honest evidence and did not try to charm or persuade. Rachael Brown and Stephen Stockwell talk through Colin Mandy SC's key points as he wrapped up his closing address, and why he claims the jury should find Erin Patterson not guilty. If you've got questions about the case that you'd like Rachael and Stocky to answer in future episodes, send them through to mushroomcasedaily@ - It's the case that's captured the attention of the world. Three people died and a fourth survived an induced coma after eating beef wellington at a family lunch, hosted by Erin Patterson. Police allege the beef wellington contained poisonous mushrooms, but Erin Patterson says she's innocent. Now, the accused triple murderer is fighting the charges in a regional Victorian courthouse. Investigative reporter Rachael Brown and producer Stephen Stockwell are on the ground, bringing you all the key moments from the trial as they unravel in court. From court recaps to behind-the-scenes murder trial explainers, the Mushroom Case Daily podcast is your eyes and ears inside the courtroom. Keep up to date with new episodes of Mushroom Case Daily, now releasing every day on the ABC listen app.

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