1 00:00:03,880 --> 00:00:06,760 Speaker 1: From The Australian. Here's what's on the front. I'm Claire Harvey. 2 00:00:06,920 --> 00:00:13,520 Speaker 1: It's Tuesday, July one, twenty twenty five. Nations prepared to 3 00:00:13,520 --> 00:00:16,800 Speaker 1: pony up on defense spending could receive new missiles from 4 00:00:16,840 --> 00:00:20,119 Speaker 1: the US ahead of Australia. The revolutionary weapons are in 5 00:00:20,200 --> 00:00:22,919 Speaker 1: hot demand, but the growing gulf between Canberra and the 6 00:00:22,960 --> 00:00:30,639 Speaker 1: White House means Australia could miss out. Former PM Paul 7 00:00:30,720 --> 00:00:35,360 Speaker 1: Keating warns the government's proposed superannuation tax could affect millions 8 00:00:35,479 --> 00:00:38,960 Speaker 1: more people than expected. That story's live now at the 9 00:00:39,080 --> 00:00:47,639 Speaker 1: Australian dot com dot Au. Its decision time for Aaron Patterson. 10 00:00:47,760 --> 00:00:50,960 Speaker 1: The jury in her Victorian Supreme Court murder trial has 11 00:00:51,000 --> 00:00:55,720 Speaker 1: started deliberations. She's pleading not guilty to three murder charges 12 00:00:55,920 --> 00:00:59,480 Speaker 1: and one of attempted murder related to a deadly family 13 00:00:59,600 --> 00:01:03,680 Speaker 1: lunch at her home in twenty twenty three. So did 14 00:01:03,760 --> 00:01:15,479 Speaker 1: she have a motive to murder? That's today's episode. Did 15 00:01:15,560 --> 00:01:19,640 Speaker 1: Aaron Patterson have a motive to kill four elderly relatives 16 00:01:20,480 --> 00:01:23,120 Speaker 1: or did she have a motive not to kill them? 17 00:01:23,560 --> 00:01:26,720 Speaker 1: That's the key consideration for a jury that's been sent 18 00:01:26,800 --> 00:01:31,800 Speaker 1: out by Justice Christopher Beale. We've used voice actors throughout 19 00:01:31,840 --> 00:01:35,279 Speaker 1: this episode. Here's what the judge told the jury before 20 00:01:35,319 --> 00:01:36,839 Speaker 1: they began deliberations. 21 00:01:38,240 --> 00:01:41,319 Speaker 2: For some murders, there may be evidence of motive, but 22 00:01:41,400 --> 00:01:45,440 Speaker 2: some murders occur for no apparent reason. The motives of 23 00:01:45,520 --> 00:01:48,760 Speaker 2: such murders might only ever be known to the accused. 24 00:01:50,120 --> 00:01:52,960 Speaker 1: Patterson has told the court she loved Don Gale Patterson, 25 00:01:53,000 --> 00:01:56,120 Speaker 1: her parents in law, and Heather and Ian Wilkinson, the 26 00:01:56,200 --> 00:02:00,120 Speaker 1: aunt and uncle of her husband. Simon Simon Patterson, was 27 00:02:00,160 --> 00:02:02,640 Speaker 1: a witness for the Crown, who told the court during 28 00:02:02,680 --> 00:02:06,200 Speaker 1: the trial, Aaron had a good relationship with his parents. 29 00:02:07,000 --> 00:02:09,960 Speaker 3: She got on particularly well with Dad. They shared a 30 00:02:09,960 --> 00:02:11,760 Speaker 3: love of knowledge in the world, and I think she 31 00:02:12,000 --> 00:02:15,480 Speaker 3: liked his gentle nature. Mum and Dad were really active 32 00:02:15,480 --> 00:02:17,480 Speaker 3: in maintaining a good relationship with Erin. 33 00:02:17,960 --> 00:02:21,320 Speaker 1: I think it was mutual, but Simon Patterson told the 34 00:02:21,400 --> 00:02:26,480 Speaker 1: jury tensions emerged after their rocky marriage ultimately ended in separation. 35 00:02:27,200 --> 00:02:30,040 Speaker 1: He said Erin was angry when she saw his tax 36 00:02:30,080 --> 00:02:34,359 Speaker 1: return in late twenty twenty two, about seven months before 37 00:02:34,600 --> 00:02:35,520 Speaker 1: the fatal lunch. 38 00:02:37,160 --> 00:02:39,360 Speaker 3: She said that she discovered that my tax return for 39 00:02:39,400 --> 00:02:42,600 Speaker 3: the previous financial year had, for the first time noted 40 00:02:42,600 --> 00:02:45,600 Speaker 3: that we were separated before that we hadn't got the 41 00:02:45,600 --> 00:02:48,120 Speaker 3: government involved in the fact we were separated at all 42 00:02:48,160 --> 00:02:51,360 Speaker 3: before then, and so she said that mattered, I think 43 00:02:51,400 --> 00:02:55,000 Speaker 3: for the family tax benefit something of that nature, and 44 00:02:55,040 --> 00:02:57,480 Speaker 3: she would be obliged to claim child sport of me, 45 00:02:57,800 --> 00:03:01,799 Speaker 3: which had never happened before. So, yeah, she pointed that out, 46 00:03:01,840 --> 00:03:04,480 Speaker 3: and that was she was upset about it. 47 00:03:06,919 --> 00:03:09,720 Speaker 1: On Monday, the jury showed up at the Marwell Courthouse 48 00:03:09,800 --> 00:03:13,880 Speaker 1: with suitcases and bags ready to move into accommodation all together. 49 00:03:14,200 --> 00:03:18,320 Speaker 1: For the duration of their deliberations. They'll be sequested, that is, 50 00:03:18,440 --> 00:03:21,560 Speaker 1: they can't go home while they deliberate, returning to the 51 00:03:21,600 --> 00:03:24,080 Speaker 1: courthouse each day to sit in the jury room and 52 00:03:24,240 --> 00:03:28,399 Speaker 1: go through the evidence. At the conclusion of Justice Bial's directions, 53 00:03:28,600 --> 00:03:31,760 Speaker 1: two jurors were ejected after their numbers were drawn in 54 00:03:31,800 --> 00:03:35,360 Speaker 1: a ballot. Only twelve can now consider the verdict. 55 00:03:36,240 --> 00:03:39,280 Speaker 2: Now, once you've reached a unanimous verdict on each of 56 00:03:39,280 --> 00:03:41,760 Speaker 2: the charges, you should push the buzzer in the jury 57 00:03:41,840 --> 00:03:44,680 Speaker 2: room and tell my tip stuff. He will then arrange 58 00:03:44,680 --> 00:03:46,120 Speaker 2: for us all to return to court. 59 00:03:47,360 --> 00:03:49,720 Speaker 1: Justice Biale said jurors are welcome to ask questions of 60 00:03:49,760 --> 00:03:52,520 Speaker 1: the court by having their four person hand. A note 61 00:03:52,760 --> 00:03:54,040 Speaker 1: to court officers. 62 00:03:54,760 --> 00:03:57,320 Speaker 2: There's one thing that must not appear in any question 63 00:03:57,360 --> 00:04:00,600 Speaker 2: that you ask, and that's the numbers. I don't want 64 00:04:00,640 --> 00:04:03,560 Speaker 2: to know about it. I don't want to hear about it. 65 00:04:04,160 --> 00:04:06,920 Speaker 2: You should only discuss the case with each other, and 66 00:04:06,960 --> 00:04:09,200 Speaker 2: you should only do that when you are altogether in 67 00:04:09,240 --> 00:04:13,080 Speaker 2: the privacy of the jury room here in court. Don't 68 00:04:13,080 --> 00:04:16,040 Speaker 2: discuss when you're at the hotel. Don't get into little 69 00:04:16,080 --> 00:04:29,359 Speaker 2: groups and have discussions about the case. To prove that 70 00:04:29,440 --> 00:04:32,960 Speaker 2: the accused is guilty of murder, the prosecution must prove 71 00:04:33,000 --> 00:04:38,880 Speaker 2: the following four elements beyond reasonable doubt. One the accused 72 00:04:39,040 --> 00:04:42,080 Speaker 2: caused the death of the deceased by serving the deceased 73 00:04:42,160 --> 00:04:43,119 Speaker 2: a poisoned meal. 74 00:04:44,240 --> 00:04:47,080 Speaker 1: The judge said it wasn't disputed that Patterson served Heather 75 00:04:47,279 --> 00:04:50,320 Speaker 1: Dawn and Gail beef Wellington's that she had made that 76 00:04:50,360 --> 00:04:53,960 Speaker 1: were poisoned with death cap mushrooms, or that this caused 77 00:04:53,960 --> 00:04:54,480 Speaker 1: their debts. 78 00:04:56,320 --> 00:05:03,000 Speaker 2: Two, the accused alleged conduct was conscious, voluntary, and deliberate. Three, 79 00:05:03,480 --> 00:05:07,080 Speaker 2: at the time of the alleged conduct, the accused intended 80 00:05:07,080 --> 00:05:11,000 Speaker 2: to kill or cause really serious injury to the deceased. 81 00:05:12,080 --> 00:05:17,120 Speaker 2: Four The accused killed the deceased without lawful justification or excuse. 82 00:05:18,760 --> 00:05:21,200 Speaker 1: The judge said there was special meaning attached to the 83 00:05:21,200 --> 00:05:23,839 Speaker 1: words conscious, voluntary, and deliberate. 84 00:05:24,680 --> 00:05:28,560 Speaker 2: The term conscious excludes the acts of an unconscious person, 85 00:05:28,800 --> 00:05:33,400 Speaker 2: such as a sleepwalker. It's amazing sometimes what sleepwalkers can. 86 00:05:33,279 --> 00:05:37,200 Speaker 1: Do, he said. Voluntary means the accused must be in 87 00:05:37,279 --> 00:05:39,000 Speaker 1: control of her actions. 88 00:05:40,000 --> 00:05:43,120 Speaker 2: This excludes the acts of a person operating in one 89 00:05:43,160 --> 00:05:46,240 Speaker 2: of the number of rare mental states where the mind 90 00:05:46,320 --> 00:05:50,359 Speaker 2: loses control of the body's actions, and the term deliberate 91 00:05:50,640 --> 00:05:52,480 Speaker 2: excludes accidental acts. 92 00:05:53,760 --> 00:05:57,159 Speaker 1: Deliberate is the most important word, because that's what's in 93 00:05:57,200 --> 00:06:02,200 Speaker 1: dispute here. The defense says Patterson accidentally included deathcap mushrooms 94 00:06:02,200 --> 00:06:05,360 Speaker 1: in the meal eaten by everyone, and that she vomited 95 00:06:05,400 --> 00:06:09,360 Speaker 1: after the meal and didn't become seriously unwell. The Crown 96 00:06:09,440 --> 00:06:11,719 Speaker 1: says Patterson made a death cap free version of the 97 00:06:11,760 --> 00:06:15,320 Speaker 1: meal for herself and poisoned the four plates intended for 98 00:06:15,360 --> 00:06:20,440 Speaker 1: her guests. In relation to Ian Wilkinson, the man who 99 00:06:20,480 --> 00:06:24,200 Speaker 1: survived although he spent weeks in hospital, Patterson faces a 100 00:06:24,240 --> 00:06:28,880 Speaker 1: different charge, attempted murder. That means the requirements are slightly different. 101 00:06:29,200 --> 00:06:31,640 Speaker 1: The jury must find that Patterson. 102 00:06:31,560 --> 00:06:37,159 Speaker 2: Consciously, voluntarily and deliberately served Ian Wilkinson a poisoned meal, 103 00:06:37,680 --> 00:06:41,839 Speaker 2: the accused alleged conduct was a more than merely preparatory 104 00:06:41,880 --> 00:06:47,560 Speaker 2: to killing Ian Wilkinson, and b immediately and not remotely 105 00:06:48,000 --> 00:06:50,720 Speaker 2: connected with killing Ian Wilkinson. 106 00:06:51,640 --> 00:06:54,680 Speaker 1: That is, she wasn't just preparing to kill Ian Wilkinson, 107 00:06:54,920 --> 00:06:57,920 Speaker 1: that she actually intended to kill him in that moment, 108 00:06:58,440 --> 00:07:01,440 Speaker 1: and that there was no lawful justice, justification or excuse 109 00:07:01,560 --> 00:07:09,520 Speaker 1: for her conduct. Coming up the points the jury can 110 00:07:09,760 --> 00:07:25,560 Speaker 1: disagree on justice, Biale told the jury they have to agree, 111 00:07:25,640 --> 00:07:27,720 Speaker 1: but not completely. 112 00:07:27,760 --> 00:07:31,320 Speaker 2: In relation to each charge. Your verdict guilty or not 113 00:07:31,400 --> 00:07:36,800 Speaker 2: guilty must be unanimous. However, this requirement does not mean 114 00:07:36,880 --> 00:07:40,120 Speaker 2: that you must all reach your verdict for the same reasons. 115 00:07:41,160 --> 00:07:43,560 Speaker 1: On Monday, he rattled through the main elements of the 116 00:07:43,560 --> 00:07:47,040 Speaker 1: way the Crown and Defense summed up their cases. On 117 00:07:47,120 --> 00:07:51,120 Speaker 1: that crucial question of motive. He started with the Crowns 118 00:07:51,200 --> 00:07:54,080 Speaker 1: doctor Nannette Rodgers, who, he said, put it like. 119 00:07:54,120 --> 00:07:59,480 Speaker 2: This, Sometimes internal motivation is only known to the person themselves. 120 00:08:00,520 --> 00:08:02,960 Speaker 2: You don't have to know why a person does it 121 00:08:03,320 --> 00:08:06,880 Speaker 2: to know that they did it. The question is not 122 00:08:07,040 --> 00:08:09,840 Speaker 2: why she did it, but the question is whether you're 123 00:08:09,880 --> 00:08:13,280 Speaker 2: satisfied beyond reasonable doubt that she did. 124 00:08:14,480 --> 00:08:17,200 Speaker 1: The judge quoted in it Rogers telling the jury about 125 00:08:17,200 --> 00:08:20,280 Speaker 1: Simon's recollection of Don and Gail Patterson being dragged into 126 00:08:20,280 --> 00:08:23,240 Speaker 1: the dispute over money, and that the accused had told 127 00:08:23,280 --> 00:08:25,920 Speaker 1: others Simon had become nasty. 128 00:08:26,840 --> 00:08:32,040 Speaker 2: Their son noticed it. He said the relationship was very negative. Also, 129 00:08:32,400 --> 00:08:36,600 Speaker 2: the children had stopped staying over at Simon's. Simon spoke 130 00:08:36,640 --> 00:08:40,920 Speaker 2: of inflammatory messages so upsetting that they decided that Gail 131 00:08:40,960 --> 00:08:44,560 Speaker 2: would not read the group messages anymore. There was a 132 00:08:44,559 --> 00:08:48,800 Speaker 2: division deeper than the family knew. She expressed her true 133 00:08:48,840 --> 00:08:53,360 Speaker 2: feelings to her online friends, told them she was an atheist. 134 00:08:54,040 --> 00:08:58,000 Speaker 2: Aaron Patterson was duplicitous. Consider the eye roll emojis in 135 00:08:58,040 --> 00:09:02,040 Speaker 2: those messages. She's seeming accepted in her evidence in chief 136 00:09:02,240 --> 00:09:06,200 Speaker 2: and cross examination that they were eye rolling emojis, then 137 00:09:06,720 --> 00:09:09,560 Speaker 2: a moment later said you can't see that they are 138 00:09:09,760 --> 00:09:10,360 Speaker 2: eye rolls. 139 00:09:11,760 --> 00:09:15,560 Speaker 1: The judge reminded the jury of Roger's reading aloud Patterson's 140 00:09:15,600 --> 00:09:19,040 Speaker 1: messages about the family, which she sent to online friends. 141 00:09:20,440 --> 00:09:23,680 Speaker 4: This family, I swear to fucking God they are lost, 142 00:09:23,720 --> 00:09:26,560 Speaker 4: cause I'm sick of this shit. I want nothing to 143 00:09:26,600 --> 00:09:29,640 Speaker 4: do with them, so fuck them. Simon's messages will just 144 00:09:29,679 --> 00:09:32,120 Speaker 4: be horrible and be gaslighting and abusive and it will 145 00:09:32,200 --> 00:09:35,040 Speaker 4: ruin my day, and his parents' messages will be more 146 00:09:35,080 --> 00:09:37,920 Speaker 4: weasel words. I don't need anything from these people. 147 00:09:39,720 --> 00:09:42,040 Speaker 1: Just as Bill then ran through the way the defense 148 00:09:42,320 --> 00:09:44,920 Speaker 1: characterize Patterson's motive not to kill. 149 00:09:45,800 --> 00:09:48,960 Speaker 2: The defense said, because they're good people. Why on earth 150 00:09:48,960 --> 00:09:52,080 Speaker 2: would anyone want to kill them? Why would Aaron Patterson 151 00:09:52,120 --> 00:09:55,000 Speaker 2: want to kill them? Because of a brief period of 152 00:09:55,080 --> 00:09:58,240 Speaker 2: tension which didn't have anything to do with the Wilkinsons. 153 00:09:59,240 --> 00:10:03,760 Speaker 2: Don and Gaie were her children's only grandparents. The prosecution 154 00:10:04,080 --> 00:10:07,840 Speaker 2: has to prove intention. Motive can be important for proof 155 00:10:07,880 --> 00:10:12,240 Speaker 2: of intention. It's usually fundamental to proof of the intention. 156 00:10:13,400 --> 00:10:16,320 Speaker 2: In the absence of a motive, intention to kill or 157 00:10:16,400 --> 00:10:20,760 Speaker 2: cause really serious injury is very unlikely. If they can't 158 00:10:20,800 --> 00:10:24,320 Speaker 2: prove a motive, you might think the prosecution falls short 159 00:10:24,559 --> 00:10:28,120 Speaker 2: of proving intention. As a matter of logic and common sense. 160 00:10:29,080 --> 00:10:31,640 Speaker 1: The judge said the defense had outlined all the good 161 00:10:31,679 --> 00:10:33,320 Speaker 1: things in Patterson's life at the. 162 00:10:33,360 --> 00:10:39,720 Speaker 2: Time, big beautiful new house, newly landscaped garden, effectively sole 163 00:10:39,800 --> 00:10:44,480 Speaker 2: custody of her two children, comfortable financially, looking forward to 164 00:10:44,520 --> 00:10:47,720 Speaker 2: returning to study. If she carried out a murder, she 165 00:10:47,760 --> 00:10:52,040 Speaker 2: would inevitably attract suspicion. Focus would be on the cook 166 00:10:52,360 --> 00:10:53,359 Speaker 2: very quickly. 167 00:10:55,120 --> 00:10:57,240 Speaker 1: He reminded the jury the defense had take an issue 168 00:10:57,240 --> 00:11:00,439 Speaker 1: with the Crown's suggestion. Patison might have thought, would all 169 00:11:00,440 --> 00:11:03,720 Speaker 1: be mistaken for food poisoning? Pretty rare. 170 00:11:03,760 --> 00:11:06,559 Speaker 2: To get four people dying from a case of food poisoning, 171 00:11:07,000 --> 00:11:11,280 Speaker 2: an investigation was inevitable. A careful murderer would know the 172 00:11:11,280 --> 00:11:13,559 Speaker 2: spotlight would be on her as soon as these people 173 00:11:13,559 --> 00:11:17,480 Speaker 2: were hospitalized. She had good reason not to harm them. 174 00:11:17,800 --> 00:11:20,720 Speaker 2: She will lose the people who support her and her children, 175 00:11:21,520 --> 00:11:23,000 Speaker 2: and she'll lose her children. 176 00:11:36,200 --> 00:11:38,280 Speaker 1: The jury in the murder trial of Aaron Patterson will 177 00:11:38,280 --> 00:11:41,640 Speaker 1: continue their deliberations on Tuesday, and you'll hear it right 178 00:11:41,679 --> 00:11:44,280 Speaker 1: here on the front when the verdict is in. Our 179 00:11:44,320 --> 00:11:47,160 Speaker 1: subscribers at the Australian dot com dot Au have been 180 00:11:47,200 --> 00:11:50,160 Speaker 1: following every twist and turn, and they'll be reading and 181 00:11:50,240 --> 00:11:53,560 Speaker 1: watching the best analysis of this and all the big stories. 182 00:11:53,880 --> 00:11:56,680 Speaker 1: Join us at the Australian dot com dot Au