Erin Patterson trial: Crown ‘overstated’ evidence in mushroom case
Jurors in the murder trial of Erin Patterson have been directed to disregard two arguments made by the prosecution about the scientific evidence.
The judge overseeing Erin Patterson’s murder trial had told jurors that prosecutors “overstated” medical evidence in their case.
Continuing his summing up of the evidence and arguments in the case, Justice Christopher Beale turned to the prosecution argument that Ms Patterson lied about feeding her children the leftovers from the fatal beef wellington dish she served her lunch guests.
The judge said Ms Patterson had given evidence that she fed leftovers of the lunch to her children on July 30 with the mushrooms and pastry scraped off.
Justice Beale said Crown prosecutor Nanette Rogers SC had argued in her closing address the toxicological analysis of the lunch leftovers indicated the toxin found in death cap mushrooms had penetrated the small remaining piece of meat.
The judge took the jury to the evidence of Victoria’s chief toxicologist Dimitri Gerostamoulos, who said the detection of amatoxins may have indicated it penetrated the meat or that they were just present in the same sample tested.
“He wasn’t positively saying the amatoxins had penetrated the meat,” Justice Beale said.
“Dr Rogers overstated what the evidence was.”
Secondly, Justice Beale said Dr Rogers had argued the evidence “strongly suggests” if the children had eaten the leftovers they would have experienced symptoms.
“No expert was asked if the mushroom paste and pastry has been scraped off the meat would the children, if served the meat, have experienced some symptoms,” he said.
“You have no evidence that would be the case ... I direct you to disregard that, you would be speculating if you went down that path.”
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 with the poisonous lunch.
Ms Wilkinson’s husband, Ian, 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.
Mushroom jury given timeline for deliberations
Returning to court on Thursday, Justice Beale said he would be continuing his “charge” into the next week and the 14 members of the jury would be given the weekend off.
“I’ll be completing the charge prior to lunchtime on Monday, at which point we’ll have the ballot and away you go so to speak,” he said.
Justice Beale reminded jurors they would be sequestered for the duration of their deliberations.
Erin Patterson allegedly ‘sat on hands’: court
Continuing his summing up of the evidence and arguments relating to Ms Patterson’s alleged Asian grocer lie on Thursday, Justice Beale took the jury through each witnesses testimony to the court.
Justice Beale said the Crown had argued medical staff were “desperate” to know the source of the mushrooms in the lunch to treat their patients, while Ms Patterson was “not forthcoming”.
The judge said it was alleged the accused woman’s account of buying dried mushrooms from an Asian grocer in Melbourne in April, 2023, had shifted and become more elaborate between July 31 and August 3, 2023.
He said prosecutors had argued Ms Patterson had previously worked for the Monash council, lived in Glen Waverley and owned a home in Mount Waverley for seven years.
“It’s difficult to see how she could not recall the store,” Justice Beale said prosecutors argued.
“The prosecution argued she sat on her hands and was slow to respond to the Department of Health.”
Justice Beale said defence had argued the prosecution cherry picked facts to suit their case and pointed to the possibility witnesses memories may be distorted two years later.
“There were approximate 21 people that spoke to Erin Patterson in 24 hours,” the judge said defence argued.
“People have imperfect memories, mistaken memories.”
Mr Mandy had told jurors that Ms Patterson’s phone records proved she was staying in the Mount Waverley area in April 2023 – in accordance with her account.
Justice Beale also said defence pointed out evidence from plant virologist David Lovelock of testing that showed the presence of a second kind of mushroom that weren’t death cap mushrooms in the lunch leftovers.
Mushroom cook’s alleged Asian grocer lie
On Wednesday afternoon, Justice Beale turned to the topic of Ms Patterson’s alleged incriminating conduct, which he explained as acts the prosecution argued were “implied admissions of guilt”.
He said the prosecution argued the only reasonable explanation for the conduct was that Ms Patterson knew she was guilty, while the defence argued there were other reasonable explanations for the conduct.
Justice Beale listed out the 15 acts of alleged incriminating conduct the prosecution argued were implied admissions of guilt.
Beginning with the first – that Ms Patterson allegedly lied about being unwell and faked death cap mushroom poisoning – the judge said it would make more sense to address it later.
“Some of the other alleged conduct is relied on by the prosecution to prove she was lying about being unwell,” he said.
He moved on to a second alleged incriminating conduct act – that Ms Patterson refused treatment on her first presentation at Leongatha Hospital and discharged herself against medical advice.
After taking jurors through the evidence on the topic from Simon Patterson, Dr Chris Webster, nurse Kylie Ashton, Dr Veronica Foote and Ms Patterson herself, Justice Beale summarised the parties’ arguments.
He said prosecutors argued the only reasonable explanation for Ms Patterson’s unwillingness to receive emergency treatment was because she knew she did not consume death caps and had deliberately poisoned her guests.
Justice Beale said the defence argued that Ms Patterson did not refuse treatment but initially found it difficult to accept doctors suspected death cap poisoning, was not prepared to be admitted and intended to return after making arrangements.
The judge flagged he would move onto a third topic – her alleged lie about sourcing dried mushrooms from an Asian grocer – when the trial resumed on Thursday.