Juror in mushrooms murder trial discharged after court warned of possible talks with friends, family
The murder trial of Erin Patterson has heard from a forensic toxicologist, who was questioned over the toxins found in death cap mushrooms.
A juror has been discharged from the Erin Patterson mushrooms murder case amid accusations they spoke with family and friends, but the trial will proceed with 14 on the panel.
Victorian Supreme Court judge Christopher Beale on Thursday told the jury he had received information the juror may have been discussing the case with outside interests, which he said went against his instructions.
He said there had been no finding of wrongdoing against the person but he was concerned there was a reasonable possibility that he had received credible information on the matter.
“I hasten to add that I have not made a positive finding that (the juror) discussed the case with family and friends but neither could I dismiss the possibility that he had,’’ he told the jury.
“I want to remind you of my directions that you should only discuss the case with your fellow jurors in the privacy of the jury room.’’
A ballot will be conducted to determine which 12 jurors will decide the final verdict.
The court in Morwell, in Victoria’s Latrobe Valley, on Thursday also heard from an expert witness on the presence of deadly death cap mushroom toxins in ante-mortem samples from two of the lunch victims and in the dehydrator Ms Patterson, 50, allegedly used to prepare a poisonous meal.
Ms Patterson is charged with three counts of murder after allegedly using the meal to kill two of her elderly in-laws and the sister of one of the in-laws.
The trial heard on Thursday from forensic toxicologist Dimitri Gerostamoulos who was questioned over the toxins found in death cap mushrooms, which he has broken down into alpha, beta and gamma amanitins.
“They’re quite toxic in terms of their potency; they can lead to someone experiencing symptoms of diarrhoea, vomiting, feeling unwell and they progressively get worse if the toxins are not removed,” he said of the impact of amanitins.
He said that vegetable matter from the dehydrator had contained several positive tests for toxins relating to the deadly mushrooms.
Professor Gerostamoulos also said there had been positive tests detected for a type of amanitin in leftovers from Ms Patterson’s bin, also in mushroom paste. He explained the complex manner in which scientists attempt to determine whether toxins exist.
The jury was shown two bags allegedly containing leftovers from the meal served by Ms Patterson on July 29, 2023.
The tests were conducted by the Victorian Institute of Forensic Medicine and the jury was shown photographs of various pieces of evidence relating to the leftovers.
The scientists tested the apparent remnants of beef Wellingtons and Professor Gerostamoulos said the specific toxins found were exclusive to death cap mushrooms.
The court also was told that there had been tests conducted on specimens obtained from the victims and other family members.
He said evidence had been found of toxins in Donald Patterson, who was a 70-year-old victim of the mushroom meal.
There also had been evidence of toxins in the sole survivor of the lunch among the guests, pastor Ian Wilkinson, 71, who attended Thursday’s court hearing.
There were no death cap toxins detected in Gail Patterson, Heather Wilkinson or Ms Patterson’s tests, nor were there in Ms Patterson’s two children, who she had claimed ate leftovers of the meal.
Ms Patterson is charged with murdering Donald Patterson, his wife Gail, also 70, and Mr Wilkinson’s wife Heather, 66.
The court has heard previously that the four guests at the lunch had been invited to discuss medical news with Ms Patterson relating to alleged cancer.
The court has also heard that Ms Patterson does not have cancer and the prosecution has alleged that the dead were lured to the lunch on false pretences.
However, Ms Patterson has pleaded not guilty.
Child protection worker Katrina Cripps, also giving evidence on Thursday, said Ms Patterson told her that her estranged husband, Simon Patterson, had been “emotionally abusive” to her and had isolated her from his family.
Ms Cripps testified to visiting Ms Patterson in hospital on August 1, 2023, where she told her Mr Patterson had become “emotionally abusive” and controlling, and that he would “say things to her that would make her doubt herself as a mother and impacted her self-esteem”.
Ms Patterson told Ms Cripps the pair had a “good relationship until recently”, but that had changed when in 2022 she asked him to pay her child support so she could claim the family tax benefit.
“He had been mean but he had never been nasty,” Ms Cripps recalled Ms Patterson saying. “She felt that was the time he had become nasty towards her.”
Ms Cripps also said Ms Patterson claimed her husband had isolated her from his parents, Donald and Gail Patterson, after their relationship had started to sour.
“She said that Don and Gail had been like the parents she had never had,” Ms Cripps said. “That they’d always treated her like a daughter-in-law, that she cared and loved them very much.”
The trial is continuing.
Australia’s PBS must ‘absolutely’ be protected, says Kennedy medical adviser
The chief medical adviser to Make America Healthy Again campaign has defended Australia’s PBS, as the Trump administration comes under pressure to drag the pharmaceuticals program into tariff negotiations.
Fortify where we must: PM urged to boost north defences
The Albanese government must transform and fortify northern Australia into an allied military stronghold, to respond to the ‘growing possibility’ of conflict with China, says a key US think tank.