Erin Patterson trial: Defence continue closing address in alleged mushroom poisoning case

Lawyers acting for alleged poisoner Erin Patterson have told her triple-murder trial she is not “on trial for being a liar”.

The jury in Erin Patterson’s triple-murder trial has been told the prosecution had made arguments that “corrupts the burden of proof” in their closing address.

Continuing his final remarks to the jury on Wednesday, defence barrister Colin Mandy SC argued the Crown had invited the jury to engage in hindsight reasoning by asking them to consider what they would have done.

“What hindsight reasoning does is shift the burden of proof onto the defence,” he said.

“When the prosecution asks what you would have done they’re asking you to convict Ms Patterson based on deviation from some assumed norm.”

Mr Mandy told the jury his client was “not on trial for being a liar” and had told them herself she regrets her lies.

“The lies in the days afterwards, everything she does in the days afterwards doesn’t change the intention of the meal,” he said.

“It biases the assessment of intent and state of mind.”

Ms Patterson has pleaded not guilty. Picture: NewsWire / Paul Tyquin

The submission comes after Crown prosecutor Nanette Rogers SC asked the jury to consider what they would have done in Ms Patterson’s situation if the poisoned lunch was an accident on Tuesday.

“Would you go into self-preservation mode just worrying about protecting yourself from blame?” Dr Rogers asked.

“No. That’s not what you’d do. You would do everything you could to help the people you love.”

Ms Patterson, 50, is facing trial accused of murdering her husband Simon Patterson’s parents and aunt, and attempting to murder his uncle, with a poisoned beef wellington on July 29, 2023.

She has pleaded not guilty, telling the jury she did not intentionally poison her lunch guests nor want them harmed.

Erin ‘categorically’ had interest in wild mushrooms

Mr Mandy turned his attention to the evidence of Ms Patterson’s interest in wild mushrooms, which the prosecution has suggested was made up.

He took the jury to photos of wild mushrooms, dated to April and May 2020, located by police on a SD card in Ms Patterson’s home.

“These photographs demonstrate categorically she was interested in wild mushrooms during that time,” he said.

“Its not made up, it’s not fabricated; that’s the evidence. People become interested in mushrooms during the Covid lockdowns.”

Colin Mandy SC is continuing his closing arguments on Tuesday. Picture: NewsWire/ David Crosling

Turning to evidence a Cooler Master computer was used to look up sightings of death cap mushrooms on the iNaturalist website on May 28, 2022, Mr Mandy said there “little doubt” it was Ms Patterson.

“It makes perfect sense in the context of that dawning interest… she would become aware of death caps,” he said.

“They are the, I think this is the evidence, the deadliest mushroom in the world.”

Mr Mandy suggested Ms Patterson had visited the web site while looking up the question; “do they grow in South Gippsland”.

Context of alleged poisoner’s relationships ‘important’

The defence barrister told the jury Ms Patterson’s relationships with her husband Simon Patterson and his family would be an important part of their consideration of the case.

He argued there was a wealth of evidence from witnesses in the case Ms Patterson had positive relationships with her in-laws and the wider Patterson family.

Turning to her estranged husband, Mr Mandy said the evidence was in the 7 years since their separation there was no animosity and no awkwardness until a dispute in December 2022.

“If there were disagreements they were resolved smoothly and respectfully,” he said.

“It says a lot about the relationship.”

Mr Mandy said there was “no sign” to anyone else the relationship was anything but a good separation, arguing this was the context in which the alleged crimes occurred.

Simon Patterson gave evidence earlier in the trial. Picture: NewsWire/Ian Currie

Update in mushroom murder trial

As the jury returned from an afternoon break on Tuesday, Justice Christopher Beale advised the 14-person panel he would be waiting until next week to deliver his charge.

“Just to keep you in the loop in relation to timelines, I won’t commence my charge to you until Monday,” the judge said.

“That charge is not likely to finish, let’s say this, it may spill over to Wednesday. With the wind at my back, I might finish it by Tuesday afternoon.

“But I just tell you that so you can organise your affairs and I’ll give you another update as we go along.”

Dr Rogers has finished her final address to the jury. Picture: NewsWire/ David Crosling

After the completion of the evidence in the case last week, Justice Beale told jurors he expected the closing arguments to take a couple of days each, before he begun his charge.

He said his charge would involve three parts; directions about legal principles, identifying the key issues in the case and summarising the evidence and arguments.

On Tuesday, Crown prosecutor Nanette Rogers SC wrapped her final address by arguing there was no reasonable alternative explanation for what happened other than Ms Patterson deliberately sourcing death caps and including them in the meal intending to kill.

Defence barrister Colin Mandy (left) will continue his closing address on Wednesday. Picture: NewsWire / David Crosling

Mr Mandy, on the other hand, begun his address by arguing the Crown had “cherry picked” facts to support their hypothesis and ignored others.

“Erin Patterson had a motive to keep these people in her world so that they could keep supporting her and her children... why would she take wonderful, active, loving grandparents away from her own children?” he questioned.

The trial, now in it’s eighth week, continues.

Originally published as Erin Patterson trial: Defence continue closing address in alleged mushroom poisoning case