‘It’s for you, and for you alone, to decide if she’s guilty of these offences’: Justice Beale to jury

In his instructions to the jury that will decide the fate of accused beef wellington murderer Erin Patterson, the judge has said they should not be influenced by sympathy, her lies, “good character” evidence or the fact she cooked the meal that caused three deaths.

Erin Patterson is accused of murdering Don and Gail Patterson and Heather Wilkinson.

A Supreme Court judge presiding over the high-profile trial of Erin Patterson has told jurors they must push prejudice out of their minds and not let sympathy “cloud” their judgement as they edge closer to deliberations.

Justice Christopher Beale started to deliver his “charge” or his instructions to the jury on Tuesday as the triple-murder trial entered its ninth week and its final stages.

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 death caps at her Leongatha home on July 29, 2023.

Accused mushroom cook killer Erin Patterson will soon learn her fate. Picture: David Crosling

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.

“It’s for you, and for you alone, to decide if she’s guilty of these offences,” Justice Beale declared to the jurors.

He explained to them that emotions such as prejudice and sympathy must play no part when they are deciding the facts of the case.

“You should not, for example, be influenced by the mere fact that (Ms Patterson) cooked the fatal meal that caused the deaths of Gail, Heather and Don,” he said.

“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.”

He added that they should not be prejudiced because Ms Patterson has admitted to telling lies and concealing evidence.

“This is a court of law, not a court of morals.”

Don and Gail Patterson died after ingesting poisonous mushrooms. Picture: Supplied

He also said they must not let sympathy “cloud” their judgement, but added: “I’m not asking you to be inhuman. None of us are robots.”

He told them it was normal to feel for the Pattersons “given what has befallen” their family.

Justice Beale then addressed the “unprecedented media attention” around the trial and how it has “excited much public comment”.

“No one in the media, in the public, in your workplace or in your homes has sat in that jury box throughout the trial seeing and hearing all the witnesses, mostly in person,” he said.

“You and you alone are best placed to decide whether the prosecution has proven their case beyond reasonable doubt. No one else.”

Turning to the evidence of the trial, he told the jurors there was “good character evidence” demonstrating Ms Patterson was a good daughter-in-law, a good in-law to Simon’s siblings and a good mother to her two children.

“You can use (good character evidence) when determining the likelihood that she committed the offences charged,” he said.

“Of course, this must not mean you must find her not guilty.”

Surviving lunch guest Ian Wilkinson at the Morwell court. Picture: Nadir Kinani

He added that the “mere fact a person is of good character” cannot alter proven facts.

“You should keep in mind a person who has previously been of good character can commit a crime for the first time,” he said.

Justice Beale also reminded the jury that the accused did not need to give evidence in her own trial, since she has the right to remain silent.

“It’s not for her to prove her innocence,” he said.

At the end of the day, Justice Beale joked that the jurors would not need to “bring their toothbrushes” with them on Wednesday, indicating that they will not be sequestered until Thursday at the earliest.

The trial continues.