WEBVTT - The Trial: Judge and jury

0:00:02.200 --> 0:00:08.680
<v Speaker 1>Silence. All stand and remain standing. All persons having business

0:00:08.720 --> 0:00:13.080
<v Speaker 1>before this honorable Court are commander to give their attendance,

0:00:13.520 --> 0:00:19.200
<v Speaker 1>and they shall be heard. God save the King, be seated. Please.

0:00:20.239 --> 0:00:23.000
<v Speaker 2>This is what the court has heard every sitting day.

0:00:23.120 --> 0:00:27.800
<v Speaker 2>When Justice Christopher Bill first makes his entrance into the room,

0:00:28.280 --> 0:00:32.080
<v Speaker 2>He's had a huge presence in this trial. Here's the umpire,

0:00:32.880 --> 0:00:35.519
<v Speaker 2>but for the most part, the jurors haven't heard much

0:00:35.560 --> 0:00:39.479
<v Speaker 2>from him since the first day back in April. Now,

0:00:39.640 --> 0:00:42.520
<v Speaker 2>in the final days of the trial of Aaron Patterson,

0:00:42.960 --> 0:00:46.960
<v Speaker 2>it is Justice Bill's time to direct the jury. Today

0:00:47.000 --> 0:00:50.400
<v Speaker 2>he started to deliver his instructions and will break down

0:00:50.440 --> 0:00:54.320
<v Speaker 2>what they all mean in this episode. I'm Brook Greywick

0:00:54.360 --> 0:00:59.840
<v Speaker 2>Craig and this is the Mushroom Cook. It's day thirty

0:00:59.840 --> 0:01:03.480
<v Speaker 2>six of Aaron Patterson's murder trial, and once again I'm

0:01:03.560 --> 0:01:06.319
<v Speaker 2>joined by my colleague court reporter Laura Pusseller.

0:01:07.240 --> 0:01:08.760
<v Speaker 3>The end is near, isn't it, Brooke.

0:01:09.160 --> 0:01:10.960
<v Speaker 2>Yes, we've just hit week nine.

0:01:11.400 --> 0:01:13.200
<v Speaker 3>It was meant to be a six week trial, so

0:01:13.240 --> 0:01:15.280
<v Speaker 3>it's fair to say that this is dragged on for

0:01:15.400 --> 0:01:18.440
<v Speaker 3>longer than any of us expected, and we still have

0:01:18.520 --> 0:01:20.880
<v Speaker 3>a few more days to go. But we're nearly there.

0:01:20.959 --> 0:01:21.560
<v Speaker 2>Yes, we are.

0:01:22.080 --> 0:01:22.160
<v Speaker 4>So.

0:01:22.280 --> 0:01:24.800
<v Speaker 2>As I said in the intro, today was all about

0:01:25.040 --> 0:01:28.480
<v Speaker 2>Justice Bill's charge. Can you explain to our listeners what

0:01:28.840 --> 0:01:29.320
<v Speaker 2>that is?

0:01:30.560 --> 0:01:30.680
<v Speaker 1>So?

0:01:30.800 --> 0:01:35.120
<v Speaker 3>The charge is the technical term for essentially the judge's instructions.

0:01:35.560 --> 0:01:38.360
<v Speaker 3>So at the end of every trial, once the prosecution

0:01:38.600 --> 0:01:42.440
<v Speaker 3>and defense have delivered their closing addresses, the attention then

0:01:42.480 --> 0:01:45.919
<v Speaker 3>turns to the judge, who will explain the legal principles

0:01:46.080 --> 0:01:49.200
<v Speaker 3>and summarize the evidence of the case before the jury

0:01:49.280 --> 0:01:53.280
<v Speaker 3>begin their deliberations. It was a couple of weeks ago now,

0:01:53.360 --> 0:01:55.920
<v Speaker 3>but we spoke about all the lessons the jurors have

0:01:56.040 --> 0:01:58.680
<v Speaker 3>been given in the course of this trial. They've been

0:01:58.720 --> 0:02:04.040
<v Speaker 3>given lessons on mushrooms, on phones, on even computers, and

0:02:04.120 --> 0:02:06.160
<v Speaker 3>now it felt like today they were being given a

0:02:06.240 --> 0:02:09.720
<v Speaker 3>lesson on the law. Justice Bill spent a large portion

0:02:09.800 --> 0:02:13.040
<v Speaker 3>of today really explaining a lot of legal principles to them,

0:02:13.120 --> 0:02:15.480
<v Speaker 3>and hopefully by the end of this episode, our listeners

0:02:15.480 --> 0:02:18.600
<v Speaker 3>also feel like they've learnt something about our justice system,

0:02:18.960 --> 0:02:21.120
<v Speaker 3>especially if they've never sat on a jury before.

0:02:21.919 --> 0:02:24.720
<v Speaker 2>When Justice Bill entered the courtroom today, he told the

0:02:24.800 --> 0:02:28.160
<v Speaker 2>jury he had prepared an eighty six page chronology to

0:02:28.280 --> 0:02:30.840
<v Speaker 2>help them when they start their deliberations.

0:02:31.480 --> 0:02:34.560
<v Speaker 3>Yes, this seemed like a very comprehensive document, and Justice

0:02:34.560 --> 0:02:36.680
<v Speaker 3>Bill even told the jury that he had color coded

0:02:36.720 --> 0:02:39.959
<v Speaker 3>it to make it easy for them to navigate. So essentially,

0:02:39.960 --> 0:02:42.920
<v Speaker 3>the chronology covers all of the events relevant to the trial,

0:02:43.360 --> 0:02:45.920
<v Speaker 3>starting way back in two thousand and seven, which was

0:02:45.960 --> 0:02:48.760
<v Speaker 3>the year Erin married Simon, and then it ran all

0:02:48.800 --> 0:02:51.959
<v Speaker 3>the way through to twenty twenty three, obviously the year

0:02:52.000 --> 0:02:54.520
<v Speaker 3>of the lunch. He explained to the jury that this

0:02:54.639 --> 0:02:58.480
<v Speaker 3>chronology included references to the evidence that the jury have

0:02:58.560 --> 0:03:01.639
<v Speaker 3>heard in this case and reference to the exhibits as well,

0:03:02.040 --> 0:03:04.359
<v Speaker 3>and it almost would function as an index for them

0:03:04.840 --> 0:03:07.040
<v Speaker 3>when they're making their way through all of the evidence

0:03:07.080 --> 0:03:07.680
<v Speaker 3>in this case.

0:03:08.560 --> 0:03:10.680
<v Speaker 2>Justice Bill then went on to tell the jury that

0:03:10.760 --> 0:03:14.440
<v Speaker 2>emotions such as prejudice and sympathy should not play a

0:03:14.480 --> 0:03:15.800
<v Speaker 2>part in their decision.

0:03:16.520 --> 0:03:18.720
<v Speaker 3>This was the first topic that Justice Bihl spoke to

0:03:18.760 --> 0:03:21.760
<v Speaker 3>the jury about today. After running them through the chronology,

0:03:22.360 --> 0:03:24.560
<v Speaker 3>he explained that they must decide the facts of the

0:03:24.600 --> 0:03:26.920
<v Speaker 3>case and no one else. And this is when he

0:03:26.960 --> 0:03:29.240
<v Speaker 3>started to talk about those two things you just mentioned

0:03:29.240 --> 0:03:33.799
<v Speaker 3>brook prejudice and sympathy. He started with prejudice and said

0:03:33.840 --> 0:03:37.120
<v Speaker 3>they should not let it enter their mind. Here is

0:03:37.160 --> 0:03:39.760
<v Speaker 3>more of what he said about this. These are his words,

0:03:39.880 --> 0:03:40.920
<v Speaker 3>it's not his voice.

0:03:41.360 --> 0:03:44.280
<v Speaker 4>You should not, for example, be influenced by the mere

0:03:44.360 --> 0:03:47.440
<v Speaker 4>fact that she cooked the fatal meal that caused the

0:03:47.480 --> 0:03:51.720
<v Speaker 4>deaths of Gail, Heather and Don. The issue is not

0:03:51.760 --> 0:03:54.800
<v Speaker 4>whether she is in some sense responsible for the tragic

0:03:54.840 --> 0:03:58.560
<v Speaker 4>consequences of the lunch, but whether the prosecution has proved

0:03:58.640 --> 0:04:02.720
<v Speaker 4>beyond a reasonable dab that she is criminally responsible.

0:04:03.480 --> 0:04:05.280
<v Speaker 3>He also told the jury that they should not be

0:04:05.320 --> 0:04:09.000
<v Speaker 3>prejudiced against Erin simply because she has admitted to telling

0:04:09.080 --> 0:04:14.240
<v Speaker 3>lies and admitted to concealing evidence. He said, this is a.

0:04:14.160 --> 0:04:17.280
<v Speaker 4>Court of law, not a court of morals.

0:04:17.880 --> 0:04:20.279
<v Speaker 3>Turning to sympathy, he said they should not let it

0:04:20.320 --> 0:04:23.680
<v Speaker 3>cloud their judgment, but he clarified that he wasn't asking

0:04:23.720 --> 0:04:27.680
<v Speaker 3>them to be inhuman. None of us are robots. He said,

0:04:27.680 --> 0:04:30.160
<v Speaker 3>while it was normal to feel for the Pattersons, given

0:04:30.200 --> 0:04:33.240
<v Speaker 3>what has befallen their family, they must make sure to

0:04:33.279 --> 0:04:36.719
<v Speaker 3>not let this feeling interfere with their deliberations.

0:04:37.400 --> 0:04:41.680
<v Speaker 2>Justice Bill then spoke on the unprecedented media attention around

0:04:41.680 --> 0:04:45.240
<v Speaker 2>the trial and how it has excited much public comment.

0:04:45.760 --> 0:04:46.680
<v Speaker 2>Here's what he said.

0:04:47.240 --> 0:04:50.719
<v Speaker 4>No one in the media, in the public, in your workplace,

0:04:51.120 --> 0:04:54.120
<v Speaker 4>or in your homes has sat in that jury box

0:04:54.200 --> 0:04:58.640
<v Speaker 4>throughout the trial, seeing and hearing all the witnesses, mostly

0:04:58.720 --> 0:05:03.080
<v Speaker 4>in person. You and you alone are best placed to

0:05:03.160 --> 0:05:08.800
<v Speaker 4>decide whether the prosecution has proven their case beyond reasonable doubt.

0:05:09.160 --> 0:05:11.279
<v Speaker 2>He told them that if they had heard or seen

0:05:11.440 --> 0:05:14.160
<v Speaker 2>any of the coverage, they must not let it influence

0:05:14.279 --> 0:05:17.279
<v Speaker 2>them in any way. Here's more of what he said.

0:05:17.600 --> 0:05:20.880
<v Speaker 4>An accused person has the right to remain silent. It's

0:05:20.880 --> 0:05:22.800
<v Speaker 4>not for her to prove her innocence.

0:05:23.440 --> 0:05:26.039
<v Speaker 3>He instructed the jury to assess her evidence in the

0:05:26.080 --> 0:05:28.520
<v Speaker 3>exact same way they would assess any of the other

0:05:28.560 --> 0:05:32.480
<v Speaker 3>witness's evidence. He said, after doing this, they would reach

0:05:32.520 --> 0:05:35.520
<v Speaker 3>one of four conclusions. He said, if they think her

0:05:35.560 --> 0:05:39.680
<v Speaker 3>evidence is true, they must find her not guilty. He said,

0:05:39.720 --> 0:05:41.960
<v Speaker 3>if they were not sure if her evidence is true,

0:05:42.240 --> 0:05:44.920
<v Speaker 3>but they think it might be, they would have reasonable

0:05:44.960 --> 0:05:48.440
<v Speaker 3>doubt and they must find her not guilty. He then said,

0:05:48.440 --> 0:05:51.920
<v Speaker 3>if they only prefer the prosecution case to her evidence,

0:05:52.520 --> 0:05:56.000
<v Speaker 3>they must also find her not guilty. And finally, he said,

0:05:56.040 --> 0:05:58.680
<v Speaker 3>if they don't think her evidence is true. They must

0:05:58.720 --> 0:06:01.520
<v Speaker 3>then turn their minds to the execution case and whether

0:06:01.560 --> 0:06:05.599
<v Speaker 3>they have proved their allegations beyond reasonable doubt before they

0:06:05.640 --> 0:06:07.239
<v Speaker 3>would be able to find her guilty.

0:06:08.040 --> 0:06:10.719
<v Speaker 2>Justice Bill then moved on to the evidence of Aaron's

0:06:10.760 --> 0:06:13.760
<v Speaker 2>good character and how it can be used by the jury.

0:06:14.400 --> 0:06:16.960
<v Speaker 2>He said the evidence shows she was a good daughter

0:06:17.000 --> 0:06:20.000
<v Speaker 2>in law, a good in law to Simon's siblings, and

0:06:20.040 --> 0:06:22.120
<v Speaker 2>a good mother to her two children.

0:06:22.480 --> 0:06:25.279
<v Speaker 3>He reminded them that Erin had generously loaned up to

0:06:25.320 --> 0:06:28.880
<v Speaker 3>four hundred thousand dollars to Simon's siblings and their partners,

0:06:29.440 --> 0:06:31.760
<v Speaker 3>and he also brought the jury back to the evidence

0:06:31.839 --> 0:06:36.000
<v Speaker 3>of Detective Leading Senior Constable Stephen Eppingstall, who said Erin

0:06:36.200 --> 0:06:40.000
<v Speaker 3>had no criminal history. Justice Bill told the jury that

0:06:40.040 --> 0:06:43.680
<v Speaker 3>they could use evidence of good character when determining the

0:06:43.880 --> 0:06:47.800
<v Speaker 3>likelihood that Erin committed the offenses as alleged, even though

0:06:47.839 --> 0:06:50.120
<v Speaker 3>it went without saying. He reminded the jury that just

0:06:50.160 --> 0:06:52.960
<v Speaker 3>because there was evidence of her good character, it didn't

0:06:52.960 --> 0:06:56.000
<v Speaker 3>mean they must find her not guilty. He told them

0:06:56.279 --> 0:06:58.760
<v Speaker 3>you should keep in mind a person who has previously

0:06:58.800 --> 0:07:01.720
<v Speaker 3>been of good character can commit a crime for the

0:07:01.720 --> 0:07:02.359
<v Speaker 3>first time.

0:07:03.240 --> 0:07:06.320
<v Speaker 2>Justice Bill then started walking the jury through different types

0:07:06.320 --> 0:07:09.760
<v Speaker 2>of evidence, and he started with tendency. He said that

0:07:09.920 --> 0:07:13.480
<v Speaker 2>Aaron said she had a tendency to forage for mushrooms.

0:07:14.000 --> 0:07:17.040
<v Speaker 3>He then started summarizing the evidence the jury have heard

0:07:17.440 --> 0:07:20.640
<v Speaker 3>about Erin foraging for mushrooms, but he really made it

0:07:20.680 --> 0:07:23.320
<v Speaker 3>clear to the jury that he could not possibly summarize

0:07:23.440 --> 0:07:26.240
<v Speaker 3>every single piece of evidence that the jury have heard

0:07:26.360 --> 0:07:29.200
<v Speaker 3>about this topic. He took them back to Erin's evidence

0:07:29.360 --> 0:07:32.240
<v Speaker 3>and reminded them how she told them that she started

0:07:32.280 --> 0:07:36.640
<v Speaker 3>foraging in twenty twenty during COVID lockdowns. He explained that

0:07:36.720 --> 0:07:39.920
<v Speaker 3>she said she foraged in the curran Baro Botanic gardens

0:07:40.480 --> 0:07:44.440
<v Speaker 3>in the nearby Leeanngatha rail trail and on her properties.

0:07:45.240 --> 0:07:48.560
<v Speaker 3>He said she was mainly picking field mushrooms, but she

0:07:48.640 --> 0:07:51.560
<v Speaker 3>was also confident enough to pick other interesting ones like

0:07:51.640 --> 0:07:55.240
<v Speaker 3>slippery jacks and honey mushrooms. He reminded them that she

0:07:55.320 --> 0:07:58.360
<v Speaker 3>said she bought a dehydrator in April twenty twenty three

0:07:58.680 --> 0:08:01.200
<v Speaker 3>to preserve the mushrooms she was foraging, as well as

0:08:01.240 --> 0:08:04.080
<v Speaker 3>other food. He also took them to her evidence that

0:08:04.160 --> 0:08:07.440
<v Speaker 3>in around May and June twenty twenty three, she remembered

0:08:07.440 --> 0:08:11.000
<v Speaker 3>putting mushrooms she had foraged into a container with other

0:08:11.080 --> 0:08:14.720
<v Speaker 3>dried mushrooms. This was the container that she said she

0:08:14.800 --> 0:08:17.360
<v Speaker 3>grabbed when she was cooking the mushroom duck cell for

0:08:17.400 --> 0:08:20.640
<v Speaker 3>the beef Wellington, and said she tipped its contents into

0:08:20.720 --> 0:08:23.560
<v Speaker 3>the paste because it was too bland. At the time,

0:08:23.680 --> 0:08:26.680
<v Speaker 3>she said she believed it only contained dried mushrooms from

0:08:26.720 --> 0:08:29.720
<v Speaker 3>an Asian grosser, but later she realized there was a

0:08:29.720 --> 0:08:32.600
<v Speaker 3>possibility it contained foraged mushrooms as well.

0:08:33.360 --> 0:08:36.679
<v Speaker 2>Laura, after this summary, did Justice Bill explain how the

0:08:36.800 --> 0:08:38.760
<v Speaker 2>jury can then use this evidence?

0:08:39.480 --> 0:08:41.959
<v Speaker 3>He did, and he told them that if they did

0:08:42.040 --> 0:08:44.600
<v Speaker 3>find that Aaron had a tendency to pick and eat

0:08:44.679 --> 0:08:48.080
<v Speaker 3>wild mushrooms, including putting them in the meals she served

0:08:48.080 --> 0:08:51.160
<v Speaker 3>to others, including her children, or if they think it

0:08:51.200 --> 0:08:54.400
<v Speaker 3>is a reasonable possibility that she had this tendency to

0:08:54.440 --> 0:08:58.960
<v Speaker 3>do that, they may consider that it increases the possibility

0:08:59.200 --> 0:09:01.360
<v Speaker 3>that the death cap ushrooms ended up in the beef

0:09:01.400 --> 0:09:06.160
<v Speaker 3>Wellingtons accidentally rather than deliberately. He reminded them that the

0:09:06.160 --> 0:09:10.679
<v Speaker 3>prosecution had argued that the only evidence that Erin foraged

0:09:10.679 --> 0:09:13.720
<v Speaker 3>for edible mushrooms came out of her mouth, and that

0:09:13.800 --> 0:09:17.080
<v Speaker 3>she was a self confessed liar and that they couldn't

0:09:17.120 --> 0:09:20.160
<v Speaker 3>believe this claim. So this really is like a two

0:09:20.160 --> 0:09:23.120
<v Speaker 3>step process. The first step for the jury is to

0:09:23.200 --> 0:09:26.120
<v Speaker 3>actually decide whether or not they believe Erin had this

0:09:26.280 --> 0:09:29.920
<v Speaker 3>tendency to forage for mushrooms and then eat them, and

0:09:29.960 --> 0:09:33.600
<v Speaker 3>then after that consider whether it increases the possibility that

0:09:33.679 --> 0:09:36.400
<v Speaker 3>this was an accident rather than a deliberate act.

0:09:36.880 --> 0:09:39.320
<v Speaker 2>Now, let's move on to what Justice Bill said about

0:09:39.400 --> 0:09:44.000
<v Speaker 2>hearsay evidence. Can you explain to our listeners what it is.

0:09:44.480 --> 0:09:46.160
<v Speaker 3>Hearsay is a term that I think a lot of

0:09:46.160 --> 0:09:50.040
<v Speaker 3>people bandy around, and today Justice Beer really nutted out

0:09:50.040 --> 0:09:53.600
<v Speaker 3>what this means. And it really revolves around out of

0:09:53.640 --> 0:09:57.199
<v Speaker 3>court statements that the jury are not hearing in testimony.

0:09:58.040 --> 0:10:00.880
<v Speaker 3>And in this case, a lot of the heres statements

0:10:01.040 --> 0:10:04.760
<v Speaker 3>stemmed from the remarks made by heather Don and Gale

0:10:05.240 --> 0:10:09.120
<v Speaker 3>before they died. Sadly, since they did pass away, they're

0:10:09.160 --> 0:10:11.480
<v Speaker 3>not able to give evidence in this case about what

0:10:11.640 --> 0:10:14.440
<v Speaker 3>was said at the lunch and what they observed. But

0:10:14.520 --> 0:10:18.120
<v Speaker 3>in the days before they passed, they had conversations with

0:10:18.160 --> 0:10:21.360
<v Speaker 3>both Simon and Ian, who wore later asked questions at

0:10:21.400 --> 0:10:26.439
<v Speaker 3>trial about these conversations to remind our listeners. Simon told

0:10:26.480 --> 0:10:30.600
<v Speaker 3>the jury that he remembered Heather asking him the day

0:10:30.640 --> 0:10:33.960
<v Speaker 3>after the lunch whether Erin was short of crockery because

0:10:33.960 --> 0:10:36.160
<v Speaker 3>she noticed that she had eaten off a different plate

0:10:36.360 --> 0:10:40.480
<v Speaker 3>at the lunch. Ian also recalled Heather making the same comment.

0:10:40.920 --> 0:10:45.400
<v Speaker 3>Simon also testified about what his parents told him around

0:10:45.440 --> 0:10:49.400
<v Speaker 3>the conversations at the lunch. He testified that they told

0:10:49.520 --> 0:10:52.079
<v Speaker 3>him that Erin had told the guests at the lunch

0:10:52.480 --> 0:10:55.400
<v Speaker 3>that she had been diagnosed with cancer. But Justice Beer

0:10:55.440 --> 0:10:57.440
<v Speaker 3>warned the jury today that there was a need for

0:10:57.520 --> 0:11:01.959
<v Speaker 3>caution when considering this evidence because it was hearsay. Simon

0:11:02.000 --> 0:11:05.559
<v Speaker 3>and Ian are bringing these statements from the deceased into

0:11:05.559 --> 0:11:09.880
<v Speaker 3>the courtroom. They didn't come from them themselves. Justice Biale said,

0:11:09.880 --> 0:11:13.959
<v Speaker 3>while Simon and Ian might be truthful witnesses, errors can occur.

0:11:14.640 --> 0:11:17.800
<v Speaker 3>They may have not accurately remembered what Heather, Don and

0:11:17.840 --> 0:11:20.400
<v Speaker 3>Gale said to them, so the jury must take this

0:11:20.520 --> 0:11:22.120
<v Speaker 3>unreliability into account.

0:11:22.679 --> 0:11:27.000
<v Speaker 2>Justice Bill also spoke about expert evidence, and he provided

0:11:27.040 --> 0:11:31.160
<v Speaker 2>an example from digital forensics expert Matthew Serell.

0:11:31.720 --> 0:11:34.960
<v Speaker 3>He explained to the jury that usually witnesses aren't allowed

0:11:35.000 --> 0:11:39.080
<v Speaker 3>to give their opinions in trials, but experts are the exception.

0:11:40.040 --> 0:11:42.920
<v Speaker 3>He described doctor Cerell as an expert in his field,

0:11:43.120 --> 0:11:45.520
<v Speaker 3>which is why he was handpicked to give evidence in

0:11:45.559 --> 0:11:48.760
<v Speaker 3>this trial. Our listeners may remember that doctor Cerell gave

0:11:48.800 --> 0:11:52.360
<v Speaker 3>a lot of evidence around Erin's phone records and the

0:11:52.400 --> 0:11:55.360
<v Speaker 3>conclusions that could be drawn from them, but Justice Beial

0:11:55.440 --> 0:11:58.880
<v Speaker 3>reminded the jury today that doctor Cerell said the conclusions

0:11:59.000 --> 0:12:02.400
<v Speaker 3>had a lot of limits. Justice Bill said that doctor

0:12:02.400 --> 0:12:06.840
<v Speaker 3>Cerel's evidence about Erin's possible visits to Locke and Outram

0:12:06.920 --> 0:12:11.680
<v Speaker 3>were not evidence that she actually visited those postcodes. He

0:12:11.760 --> 0:12:13.880
<v Speaker 3>said that the connections of phone may make to a

0:12:13.920 --> 0:12:17.800
<v Speaker 3>base station can be consistent with and support a proposition,

0:12:18.360 --> 0:12:22.120
<v Speaker 3>but doesn't demonstrate a proposition in and of itself.

0:12:22.760 --> 0:12:26.679
<v Speaker 2>Justice Bill also went on to talk about prior inconsistent

0:12:26.840 --> 0:12:30.640
<v Speaker 2>statements once again, Laura, can you explain to our listeners

0:12:30.800 --> 0:12:31.679
<v Speaker 2>what this is?

0:12:32.160 --> 0:12:34.959
<v Speaker 3>I really hope our listeners are following along with my explanations.

0:12:35.000 --> 0:12:36.880
<v Speaker 3>It's been a long day, but I promise I'm trying

0:12:36.880 --> 0:12:40.880
<v Speaker 3>my hardest. Justice Bill explained today that prior inconsistent statements

0:12:41.360 --> 0:12:44.200
<v Speaker 3>refer to the statements that a witness made before the

0:12:44.240 --> 0:12:47.880
<v Speaker 3>trial even started using Erin as an example. He told

0:12:47.920 --> 0:12:50.280
<v Speaker 3>the jury that there were statements Erin made in the

0:12:50.360 --> 0:12:54.120
<v Speaker 3>days after the lunch that appeared inconsistent with the statements

0:12:54.120 --> 0:12:57.280
<v Speaker 3>she made in the witness box. In one example, Justice

0:12:57.280 --> 0:13:00.280
<v Speaker 3>Beal took the jury to Erin's record of interview with

0:13:00.360 --> 0:13:03.680
<v Speaker 3>Constable Eppingstall. He asked her whether she had ever foraged

0:13:03.720 --> 0:13:08.080
<v Speaker 3>for mushrooms in the past, and she replied never. But

0:13:08.280 --> 0:13:10.839
<v Speaker 3>Justice Biel then reminded the jury of the evidence Erin

0:13:10.880 --> 0:13:13.280
<v Speaker 3>gave in the trial that we actually touched on earlier

0:13:13.280 --> 0:13:16.120
<v Speaker 3>in the episode Brook, where Erin spoke at length about

0:13:16.160 --> 0:13:18.840
<v Speaker 3>the fact she had forage for mushrooms for many years

0:13:19.240 --> 0:13:21.679
<v Speaker 3>and this was something that she had become quite confident

0:13:21.720 --> 0:13:24.319
<v Speaker 3>in doing. Justice Biel told the jury that they might

0:13:24.360 --> 0:13:27.559
<v Speaker 3>be less willing to accept a witness's evidence if they

0:13:27.559 --> 0:13:29.319
<v Speaker 3>did make an inconsistent statement.

0:13:29.840 --> 0:13:32.760
<v Speaker 2>And Justice Bill will continue his charge tomorrow.

0:13:33.400 --> 0:13:36.360
<v Speaker 3>He will, And just before the jury left for the day,

0:13:36.880 --> 0:13:39.160
<v Speaker 3>he said to them that he would provide a little

0:13:39.200 --> 0:13:43.760
<v Speaker 3>update on the trial, and he simply said, you don't

0:13:43.760 --> 0:13:47.240
<v Speaker 3>need to bring your toothbrush tomorrow. He didn't say anything more.

0:13:47.320 --> 0:13:49.319
<v Speaker 3>But what we can take away from that is that

0:13:49.360 --> 0:13:52.319
<v Speaker 3>he is indicating that the jury will not be sequestered

0:13:52.440 --> 0:13:54.280
<v Speaker 3>tomorrow in the afternoon, but.

0:13:54.280 --> 0:13:56.080
<v Speaker 2>I think it's safe to say that that will be

0:13:56.120 --> 0:13:59.440
<v Speaker 2>happening later this week. And when it happens, we'll tell

0:13:59.480 --> 0:14:03.520
<v Speaker 2>you what sequestering means for this jury. But in the meantime,

0:14:03.720 --> 0:14:06.480
<v Speaker 2>go to the mushroomcook dot com dot a U for

0:14:06.559 --> 0:14:06.719
<v Speaker 2>more