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Speaker 1: Silence. All stand and remain standing. All persons having business

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Speaker 1: before this honorable Court are commander to give their attendance,

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Speaker 1: and they shall be heard. God save the King, be seated. Please.

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Speaker 2: This is what the court has heard every sitting day.

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Speaker 2: When Justice Christopher Bill first makes his entrance into the room,

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Speaker 2: He's had a huge presence in this trial. Here's the umpire,

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Speaker 2: but for the most part, the jurors haven't heard much

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Speaker 2: from him since the first day back in April. Now,

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Speaker 2: in the final days of the trial of Aaron Patterson,

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Speaker 2: it is Justice Bill's time to direct the jury. Today

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Speaker 2: he started to deliver his instructions and will break down

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Speaker 2: what they all mean in this episode. I'm Brook Greywick

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Speaker 2: Craig and this is the Mushroom Cook. It's day thirty

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Speaker 2: six of Aaron Patterson's murder trial, and once again I'm

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Speaker 2: joined by my colleague court reporter Laura Pusseller.

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Speaker 3: The end is near, isn't it, Brooke.

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Speaker 2: Yes, we've just hit week nine.

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Speaker 3: It was meant to be a six week trial, so

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Speaker 3: it's fair to say that this is dragged on for

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Speaker 3: longer than any of us expected, and we still have

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Speaker 3: a few more days to go. But we're nearly there.

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Speaker 2: Yes, we are.

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Speaker 4: So.

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Speaker 2: As I said in the intro, today was all about

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Speaker 2: Justice Bill's charge. Can you explain to our listeners what

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Speaker 2: that is?

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Speaker 1: So?

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Speaker 3: The charge is the technical term for essentially the judge's instructions.

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Speaker 3: So at the end of every trial, once the prosecution

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Speaker 3: and defense have delivered their closing addresses, the attention then

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Speaker 3: turns to the judge, who will explain the legal principles

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Speaker 3: and summarize the evidence of the case before the jury

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Speaker 3: begin their deliberations. It was a couple of weeks ago now,

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Speaker 3: but we spoke about all the lessons the jurors have

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Speaker 3: been given in the course of this trial. They've been

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Speaker 3: given lessons on mushrooms, on phones, on even computers, and

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Speaker 3: now it felt like today they were being given a

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Speaker 3: lesson on the law. Justice Bill spent a large portion

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Speaker 3: of today really explaining a lot of legal principles to them,

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Speaker 3: and hopefully by the end of this episode, our listeners

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Speaker 3: also feel like they've learnt something about our justice system,

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Speaker 3: especially if they've never sat on a jury before.

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Speaker 2: When Justice Bill entered the courtroom today, he told the

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Speaker 2: jury he had prepared an eighty six page chronology to

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Speaker 2: help them when they start their deliberations.

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Speaker 3: Yes, this seemed like a very comprehensive document, and Justice

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Speaker 3: Bill even told the jury that he had color coded

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Speaker 3: it to make it easy for them to navigate. So essentially,

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Speaker 3: the chronology covers all of the events relevant to the trial,

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Speaker 3: starting way back in two thousand and seven, which was

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Speaker 3: the year Erin married Simon, and then it ran all

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Speaker 3: the way through to twenty twenty three, obviously the year

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Speaker 3: of the lunch. He explained to the jury that this

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Speaker 3: chronology included references to the evidence that the jury have

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Speaker 3: heard in this case and reference to the exhibits as well,

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Speaker 3: and it almost would function as an index for them

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Speaker 3: when they're making their way through all of the evidence

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Speaker 3: in this case.

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Speaker 2: Justice Bill then went on to tell the jury that

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Speaker 2: emotions such as prejudice and sympathy should not play a

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Speaker 2: part in their decision.

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Speaker 3: This was the first topic that Justice Bihl spoke to

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Speaker 3: the jury about today. After running them through the chronology,

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Speaker 3: he explained that they must decide the facts of the

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Speaker 3: case and no one else. And this is when he

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Speaker 3: started to talk about those two things you just mentioned

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Speaker 3: brook prejudice and sympathy. He started with prejudice and said

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Speaker 3: they should not let it enter their mind. Here is

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Speaker 3: more of what he said about this. These are his words,

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Speaker 3: it's not his voice.

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Speaker 4: You should not, for example, be influenced by the mere

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Speaker 4: fact that she cooked the fatal meal that caused the

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Speaker 4: deaths of Gail, Heather and Don. The issue is not

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Speaker 4: whether she is in some sense responsible for the tragic

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Speaker 4: consequences of the lunch, but whether the prosecution has proved

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Speaker 4: beyond a reasonable dab that she is criminally responsible.

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Speaker 3: He also told the jury that they should not be

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Speaker 3: prejudiced against Erin simply because she has admitted to telling

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Speaker 3: lies and admitted to concealing evidence. He said, this is a.

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Speaker 4: Court of law, not a court of morals.

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Speaker 3: Turning to sympathy, he said they should not let it

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Speaker 3: cloud their judgment, but he clarified that he wasn't asking

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Speaker 3: them to be inhuman. None of us are robots. He said,

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Speaker 3: while it was normal to feel for the Pattersons, given

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Speaker 3: what has befallen their family, they must make sure to

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Speaker 3: not let this feeling interfere with their deliberations.

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Speaker 2: Justice Bill then spoke on the unprecedented media attention around

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Speaker 2: the trial and how it has excited much public comment.

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Speaker 2: Here's what he said.

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Speaker 4: No one in the media, in the public, in your workplace,

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Speaker 4: or in your homes has sat in that jury box

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Speaker 4: throughout the trial, seeing and hearing all the witnesses, mostly

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Speaker 4: in person. You and you alone are best placed to

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Speaker 4: decide whether the prosecution has proven their case beyond reasonable doubt.

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Speaker 2: He told them that if they had heard or seen

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Speaker 2: any of the coverage, they must not let it influence

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Speaker 2: them in any way. Here's more of what he said.

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Speaker 4: An accused person has the right to remain silent. It's

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Speaker 4: not for her to prove her innocence.

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Speaker 3: He instructed the jury to assess her evidence in the

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Speaker 3: exact same way they would assess any of the other

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Speaker 3: witness's evidence. He said, after doing this, they would reach

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Speaker 3: one of four conclusions. He said, if they think her

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Speaker 3: evidence is true, they must find her not guilty. He said,

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Speaker 3: if they were not sure if her evidence is true,

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Speaker 3: but they think it might be, they would have reasonable

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Speaker 3: doubt and they must find her not guilty. He then said,

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Speaker 3: if they only prefer the prosecution case to her evidence,

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Speaker 3: they must also find her not guilty. And finally, he said,

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Speaker 3: if they don't think her evidence is true. They must

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Speaker 3: then turn their minds to the execution case and whether

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Speaker 3: they have proved their allegations beyond reasonable doubt before they

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Speaker 3: would be able to find her guilty.

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Speaker 2: Justice Bill then moved on to the evidence of Aaron's

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Speaker 2: good character and how it can be used by the jury.

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Speaker 2: He said the evidence shows she was a good daughter

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Speaker 2: in law, a good in law to Simon's siblings, and

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Speaker 2: a good mother to her two children.

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Speaker 3: He reminded them that Erin had generously loaned up to

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Speaker 3: four hundred thousand dollars to Simon's siblings and their partners,

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Speaker 3: and he also brought the jury back to the evidence

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Speaker 3: of Detective Leading Senior Constable Stephen Eppingstall, who said Erin

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Speaker 3: had no criminal history. Justice Bill told the jury that

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Speaker 3: they could use evidence of good character when determining the

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Speaker 3: likelihood that Erin committed the offenses as alleged, even though

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Speaker 3: it went without saying. He reminded the jury that just

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Speaker 3: because there was evidence of her good character, it didn't

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Speaker 3: mean they must find her not guilty. He told them

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Speaker 3: you should keep in mind a person who has previously

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Speaker 3: been of good character can commit a crime for the

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Speaker 3: first time.

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Speaker 2: Justice Bill then started walking the jury through different types

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Speaker 2: of evidence, and he started with tendency. He said that

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Speaker 2: Aaron said she had a tendency to forage for mushrooms.

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Speaker 3: He then started summarizing the evidence the jury have heard

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Speaker 3: about Erin foraging for mushrooms, but he really made it

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Speaker 3: clear to the jury that he could not possibly summarize

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Speaker 3: every single piece of evidence that the jury have heard

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Speaker 3: about this topic. He took them back to Erin's evidence

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Speaker 3: and reminded them how she told them that she started

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Speaker 3: foraging in twenty twenty during COVID lockdowns. He explained that

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Speaker 3: she said she foraged in the curran Baro Botanic gardens

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Speaker 3: in the nearby Leeanngatha rail trail and on her properties.

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Speaker 3: He said she was mainly picking field mushrooms, but she

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Speaker 3: was also confident enough to pick other interesting ones like

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Speaker 3: slippery jacks and honey mushrooms. He reminded them that she

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Speaker 3: said she bought a dehydrator in April twenty twenty three

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Speaker 3: to preserve the mushrooms she was foraging, as well as

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Speaker 3: other food. He also took them to her evidence that

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Speaker 3: in around May and June twenty twenty three, she remembered

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Speaker 3: putting mushrooms she had foraged into a container with other

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Speaker 3: dried mushrooms. This was the container that she said she

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Speaker 3: grabbed when she was cooking the mushroom duck cell for

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Speaker 3: the beef Wellington, and said she tipped its contents into

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Speaker 3: the paste because it was too bland. At the time,

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Speaker 3: she said she believed it only contained dried mushrooms from

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Speaker 3: an Asian grosser, but later she realized there was a

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Speaker 3: possibility it contained foraged mushrooms as well.

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Speaker 2: Laura, after this summary, did Justice Bill explain how the

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Speaker 2: jury can then use this evidence?

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Speaker 3: He did, and he told them that if they did

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Speaker 3: find that Aaron had a tendency to pick and eat

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Speaker 3: wild mushrooms, including putting them in the meals she served

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Speaker 3: to others, including her children, or if they think it

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Speaker 3: is a reasonable possibility that she had this tendency to

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Speaker 3: do that, they may consider that it increases the possibility

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Speaker 3: that the death cap ushrooms ended up in the beef

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Speaker 3: Wellingtons accidentally rather than deliberately. He reminded them that the

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Speaker 3: prosecution had argued that the only evidence that Erin foraged

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Speaker 3: for edible mushrooms came out of her mouth, and that

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Speaker 3: she was a self confessed liar and that they couldn't

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Speaker 3: believe this claim. So this really is like a two

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Speaker 3: step process. The first step for the jury is to

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Speaker 3: actually decide whether or not they believe Erin had this

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Speaker 3: tendency to forage for mushrooms and then eat them, and

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Speaker 3: then after that consider whether it increases the possibility that

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Speaker 3: this was an accident rather than a deliberate act.

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Speaker 2: Now, let's move on to what Justice Bill said about

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Speaker 2: hearsay evidence. Can you explain to our listeners what it is.

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Speaker 3: Hearsay is a term that I think a lot of

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Speaker 3: people bandy around, and today Justice Beer really nutted out

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Speaker 3: what this means. And it really revolves around out of

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Speaker 3: court statements that the jury are not hearing in testimony.

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Speaker 3: And in this case, a lot of the heres statements

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Speaker 3: stemmed from the remarks made by heather Don and Gale

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Speaker 3: before they died. Sadly, since they did pass away, they're

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Speaker 3: not able to give evidence in this case about what

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Speaker 3: was said at the lunch and what they observed. But

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Speaker 3: in the days before they passed, they had conversations with

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Speaker 3: both Simon and Ian, who wore later asked questions at

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Speaker 3: trial about these conversations to remind our listeners. Simon told

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Speaker 3: the jury that he remembered Heather asking him the day

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Speaker 3: after the lunch whether Erin was short of crockery because

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Speaker 3: she noticed that she had eaten off a different plate

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Speaker 3: at the lunch. Ian also recalled Heather making the same comment.

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Speaker 3: Simon also testified about what his parents told him around

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Speaker 3: the conversations at the lunch. He testified that they told

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Speaker 3: him that Erin had told the guests at the lunch

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Speaker 3: that she had been diagnosed with cancer. But Justice Beer

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Speaker 3: warned the jury today that there was a need for

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Speaker 3: caution when considering this evidence because it was hearsay. Simon

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Speaker 3: and Ian are bringing these statements from the deceased into

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Speaker 3: the courtroom. They didn't come from them themselves. Justice Biale said,

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Speaker 3: while Simon and Ian might be truthful witnesses, errors can occur.

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Speaker 3: They may have not accurately remembered what Heather, Don and

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Speaker 3: Gale said to them, so the jury must take this

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Speaker 3: unreliability into account.

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Speaker 2: Justice Bill also spoke about expert evidence, and he provided

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Speaker 2: an example from digital forensics expert Matthew Serell.

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Speaker 3: He explained to the jury that usually witnesses aren't allowed

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Speaker 3: to give their opinions in trials, but experts are the exception.

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Speaker 3: He described doctor Cerell as an expert in his field,

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Speaker 3: which is why he was handpicked to give evidence in

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Speaker 3: this trial. Our listeners may remember that doctor Cerell gave

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Speaker 3: a lot of evidence around Erin's phone records and the

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Speaker 3: conclusions that could be drawn from them, but Justice Beial

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Speaker 3: reminded the jury today that doctor Cerell said the conclusions

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Speaker 3: had a lot of limits. Justice Bill said that doctor

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Speaker 3: Cerel's evidence about Erin's possible visits to Locke and Outram

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Speaker 3: were not evidence that she actually visited those postcodes. He

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Speaker 3: said that the connections of phone may make to a

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Speaker 3: base station can be consistent with and support a proposition,

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Speaker 3: but doesn't demonstrate a proposition in and of itself.

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Speaker 2: Justice Bill also went on to talk about prior inconsistent

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Speaker 2: statements once again, Laura, can you explain to our listeners

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Speaker 2: what this is?

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Speaker 3: I really hope our listeners are following along with my explanations.

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Speaker 3: It's been a long day, but I promise I'm trying

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Speaker 3: my hardest. Justice Bill explained today that prior inconsistent statements

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Speaker 3: refer to the statements that a witness made before the

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Speaker 3: trial even started using Erin as an example. He told

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Speaker 3: the jury that there were statements Erin made in the

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Speaker 3: days after the lunch that appeared inconsistent with the statements

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Speaker 3: she made in the witness box. In one example, Justice

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Speaker 3: Beal took the jury to Erin's record of interview with

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Speaker 3: Constable Eppingstall. He asked her whether she had ever foraged

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Speaker 3: for mushrooms in the past, and she replied never. But

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Speaker 3: Justice Biel then reminded the jury of the evidence Erin

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Speaker 3: gave in the trial that we actually touched on earlier

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Speaker 3: in the episode Brook, where Erin spoke at length about

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Speaker 3: the fact she had forage for mushrooms for many years

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Speaker 3: and this was something that she had become quite confident

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Speaker 3: in doing. Justice Biel told the jury that they might

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Speaker 3: be less willing to accept a witness's evidence if they

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Speaker 3: did make an inconsistent statement.

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Speaker 2: And Justice Bill will continue his charge tomorrow.

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Speaker 3: He will, And just before the jury left for the day,

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Speaker 3: he said to them that he would provide a little

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Speaker 3: update on the trial, and he simply said, you don't

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Speaker 3: need to bring your toothbrush tomorrow. He didn't say anything more.

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Speaker 3: But what we can take away from that is that

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Speaker 3: he is indicating that the jury will not be sequestered

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Speaker 3: tomorrow in the afternoon, but.

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Speaker 2: I think it's safe to say that that will be

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Speaker 2: happening later this week. And when it happens, we'll tell

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Speaker 2: you what sequestering means for this jury. But in the meantime,

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Speaker 2: go to the mushroomcook dot com dot a U for

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Speaker 2: more