Erin Patterson trial: Judge tells jury they must ‘scrupulously guard’ against sympathy for Patterson and Wilkinson families
The judge overseeing Erin Patterson’s triple-murder trial has highlighted 15 alleged actions prosecutors claim are “implied admissions of guilt”.
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Jurors in the murder trial of mushroom cook Erin Patterson have been taken to 15 alleged acts of incriminating conduct the prosecution claim point to her guilt.
Trial judge Justice Christopher Beale continued to deliver his summary of the evidence on Wednesday in the ninth week of Ms Patterson’s triple-murder trial.
Jurors returned to the courtroom on Wednesday afternoon as Justice Beale apologised for the morning’s delay before continuing his charge.
“Afternoon, ladies and gentlemen,” he said.
“I apologise for the inconvenience but there were matters we needed to discuss in depth.”
Justice Beale turned to the topic of alleged incriminating conduct, which he explained as acts the prosecution argues are “implied admissions of guilt”.
He said the prosecution argues the only reasonably explanation for the conduct is that Ms Patterson knew she was guilty, while the defence argues there are other reasonable explanations for the conduct.
The allegedly incriminating conduct includes:
1) She lied about being unwell and faked death cap mushroom poisoning;
2) She lied that she used dried mushrooms from an Asian grocery;
3) She refused treatment on her first presentation at Leongatha Hospital and discharged herself against medical advice;
4) She was reluctant to accept treatment for herself on her second presentation at Leongatha Hospital;
5) She was reluctant to obtain medical treatment for her children on July 31;
6) She lied that she had fed her children the leftover beef wellingtons with the mushrooms and pastry scrapped off;
7) She reset Phone B multiple times commencing on August 2;
8) She disposed of the dehydrator at the local tip;
9) On August 5 she provided police Phone B instead of her usual mobile phone which has never been recovered;
10) She lied to police during her record of interview on August 5 that the SIM in Phone B was her usual service;
11) She lied in her record of interview that she’d never foraged for mushrooms;
12) She lied in her record of interview about never using a dehydrator or dehydrating things;
14) She lied in her record of interview about owning a dehydrator;
15) She lied in her record of interview by saying she may have owed a dehydrator years ago.
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.
Judge explains arguments on digital evidence
Justice Beale moved on to the opinions on digital evidence offered by Victoria Police senior digital forensic officer Shaman Fox-Henry as an expert witness.
First he raises the digital records located on a Cooler Master computer seized by police the judge explains Mr Fox-Henry said showed a user navigate to the iNaturalist website on May 28, 2022, visit the world map for death cap sightings, narrow down to Victoria and view a sighting at Bricker Reserve in Moorabbin.
Justice Beale said the prosecution argues the jury can reasonably infer this was Ms Patterson and that she was aware of, and knew how to use iNaturalist to look up death cap sightings.
He reinforces there was no evidence in this case Ms Patterson accessed the two iNaturalist posts prosecutors allege she used to source death cap mushrooms.
Justice Beale says Ms Patterson’s defence say there was “little doubt” this was her, but argued this was a brief interaction and she visited to find out whether death caps grew in South Gippsland.
Second Justice Beale moves on to images located in the cache app data of Google Photos on a Samsung tablet which include mushrooms on a dehydrator tray.
One of these, mushroom expert Dr Tom May gave evidence were “consistent” with death caps, Justice Beale said.
The judge said prosecutors argue the jury can use the knowledge she purchased the dehydrator on April 28 and the last modified date of May 4 to infer these were death caps collected on April 28 at Loch.
He said Ms Patterson’s defence had argued its not possible to determine exactly when the photos were taken.
The third piece of evidence from Mr Fox-Henry the judge raised, was evidence that the phone Ms Patterson handed to police had been factory reset multiple times.
He explains that Mr Fox-Henry said it was reset on August 2, August 5 and wiped remotely on August 6.
Justice Beale said the prosecution had argued the jury could infer the August 5 reset occured while police was searching Ms Patterson’s home and the August 6 reset occured while the phone was in police custody.
He told jurors he would raise the arguments from parties about this later in his charge.
Jury taken to Ms Patterson’s evidence on computer searches
Justice Beale raised the evidence given by Victoria Police senior digital forensic officer Shaman Fox-Henry about computer records recovered from a Cooler Master computer located in Ms Patterson’s home.
He then turned to Ms Patterson’s evidence from the witness box about the searches.
Justice Beale said the accused woman had agreed Mr Fox-Henry gave evidence the Cooler Master accessed the iNaturalist website in May 2022, and navigated to a map of death cap sightings.
The judge said Ms Patterson had agreed someone looked up the map, that it was “possibly” her, but she did not remember.
“I don’t remember this internet search, it was possibly me, I remember wanting to find out at one point if death cap mushrooms grew in South Gippsland and finding out they did not,” he quoted her as saying.
Justice Beale said Ms Patterson gave evidence she didn’t recall ever using iNaturalist and did not have an “interest” in death caps other than checking if they grew in her area.
During his charge on Tuesday, Justice Beale explained to jurors they must “scrupulously guard” against feelings of sympathy for the Patterson and Wilkinson families.
“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.
Justice Beale told the jury it was for them alone to decide whether Ms Patterson is guilty or not guilty.
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.
Originally published as Erin Patterson trial: Judge tells jury they must ‘scrupulously guard’ against sympathy for Patterson and Wilkinson families
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