A Supreme Court jury of seven men and five women have started their deliberations to decide the fate of Erin Patterson
Black plastic tarps have been wrapped around the Leongatha home of accused beef wellington killer Erin Patterson, as 12 jurors who have heard all the evidence in the high-profile triple murder case were locked away to determine her fate.
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The fate of accused triple murderer Erin Patterson is now in the hands of twelve jurors after they retired to consider their verdicts in her high-profile trial.
The Supreme Court jury, comprising seven men and five women, started their deliberations on Monday afternoon after two jurors were balloted off to bring the number down to a dozen.
It came as black plastic tarps were wrapped around the front of the mother of two’s Leongatha home in the event she is found not guilty and wishes to return to her property.
Ms Patterson is standing trial in Morwell, accused of murdering her estranged husband’s parents Don and Gail Patterson, both 70, along with Gail’s sister Heather Wilkinson, 66.
The prosecution alleges she served them individual beef wellingtons she had deliberately laced with lethal death cap mushrooms at her home on July 29, 2023.
Heather’s husband, pastor Ian Wilkinson, 71, was the only guest to survive.
Ms Patterson, 50, has pleaded not guilty to three counts of murder and one of attempted murder, claiming she may have accidentally added foraged mushrooms into the meal with dried mushrooms she purchased from an Asian grocer.
Justice Christopher Beale told the jurors their verdicts on all four counts must be unanimous and they must be satisfied the prosecution has proved its case beyond reasonable doubt.
“A reasonable doubt is not an imaginary or fanciful doubt,” he said.
Justice Beale explained that to find Ms Patterson guilty of murder, her conduct must have been conscious, voluntary and deliberate, coupled with the intention to kill her guests or cause them really serious injury.
He said her intention “may be inferred from what she said and did, and also from what she failed to say and do”.
Justice Beale reminded the jury that the defence claims that Ms Patterson did not deliberately include death caps in the meal and did not have an intention to kill.
He added that the prosecution does not need to prove motive, but he explained that this did not mean an “absence of evidence of motive” is irrelevant.
“It is a relevant consideration which you must take into account in the accused’s favour when weighing all the evidence in this case,” he said.
“Moreover if you find the accused had good reasons not to kill or attempt to kill her lunch guests – in short she had a motive not to commit the alleged offences – that is a significant consideration.”
The jury was not instructed to consider the alternative of manslaughter.
Fifteen jurors were empanelled at the start of the trial, but one juror was dismissed in May for allegedly discussing the case with family and friends.
This meant two extra jurors had to be balloted off on Monday after Justice Beale finished his “charge” or his instructions.
“Can I say a very warm thank you to those two people who will be balloted off,” he said.
“I don’t know if you’ll feel relieved or frustrated but be assured you have made an important contribution to the administration of justice through your service.”
Two male jurors had their numbers pulled out of a box and were then escorted from the courtroom.
The remaining 12 jurors spent several hours deliberating on Monday before they were transported to a local hotel.
“Whilst you are sequestered, locked up, you’ll deliberate Mondays to Saturdays here at the court in the privacy of the jury room,” Justice Beale said.
“You will not deliberate on Sundays, but you’ll still be sequestered.
“You don’t get to go home on Sundays, I’m sorry.”
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