WEBVTT - ‘You inflicted untold suffering’: the Erin Patterson sentence

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<v Speaker 1>Please stand.

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<v Speaker 2>For the first time ever, the Supreme Court of Victoria

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<v Speaker 2>allowed a television camera to broadcast sentencing the hearing for

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<v Speaker 2>convicted triple murderer Aaron Patterson for.

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<v Speaker 1>The attempted murder of Ian Wilkinson. I sentence you to

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<v Speaker 1>twenty five years imprisonment for the murder of Heather Wilkinson.

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<v Speaker 1>I sentence you to life imprisonment for the murder of

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<v Speaker 1>Gail Paterson. I sentence you to life imprisonment for the

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<v Speaker 1>murder of Don Passon. I sentence you to life imprisonment.

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<v Speaker 2>When Justice Christopher Bill sentenced her to life in prison,

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<v Speaker 2>it was the conclusion of a story that has captivated

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<v Speaker 2>Australia for more than two years.

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<v Speaker 3>Oh, it was a big moment. It was a really

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<v Speaker 3>big conclusion to this has been building up. It's amazing

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<v Speaker 3>to think it's stretched over two years now.

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<v Speaker 2>Investigative journalist Lucy Morris Marr has been following the case

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<v Speaker 2>ever since the fatal mushroom lunch in Leam Gaffa in

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<v Speaker 2>July twenty twenty three, where Aaron Patterson served to beef

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<v Speaker 2>Wellington laced with poisonous deathcat mushrooms.

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<v Speaker 3>To her, I think the whole of Australia. They are

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<v Speaker 3>watching that live. Of course, it's also a historical moment

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<v Speaker 3>today because the Supreme Court of Victoria has never broadcast

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<v Speaker 3>a sentencing live or anything live like that. But as

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<v Speaker 3>much as the media have gone through this and covered it,

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<v Speaker 3>it's nothing like the families, you know, the relief they

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<v Speaker 3>must feel today having gone through all that themselves, and

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<v Speaker 3>I know for them this has been absolutely exhausting.

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<v Speaker 2>I'm Ruby Jones and you're listening to seven.

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<v Speaker 4>AM today Walkley Award winning journalist and author Lucy Morris

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<v Speaker 4>Mark on the impact of Aaron Patterson's crimes and whether

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<v Speaker 4>the victims and families will finally have some closure.

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<v Speaker 2>It's Tuesday, September nine. Lucy Erin Patterson has just been

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<v Speaker 2>sentenced to life in prison with a minimum prison period

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<v Speaker 2>of thirty three years. There were many aggravating factors that

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<v Speaker 2>the judge spoke about when he handed down that decision.

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<v Speaker 2>One was her lack of remorse. He mentioned that several times.

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<v Speaker 2>So tell me what you were thinking as you heard

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<v Speaker 2>him lay that out.

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<v Speaker 3>Of course, you know, with a judge, you know, naturally

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<v Speaker 3>he doesn't ever say his opinion. Really, he did seem

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<v Speaker 3>very taken by the victim impact statements a couple of

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<v Speaker 3>weeks ago, where seven members of the hugely extended families

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<v Speaker 3>stood up and read their victim impact statements, and he

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<v Speaker 3>did say, you know, this is a tsunami of pain

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<v Speaker 3>and grief, and that got the sense of how he

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<v Speaker 3>was feeling. But of course, then to hear him lay

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<v Speaker 3>out in detail Erin's planning, her lies, and the way

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<v Speaker 3>he did it with such clarity, it just really reiterated

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<v Speaker 3>that the jury made the right decision.

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<v Speaker 1>The prosecution submits, and your council concedes that your offending

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<v Speaker 1>falls into the worst category of offending for these offenses,

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<v Speaker 1>and that you should receive the maximum penalties for your crimes.

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<v Speaker 1>I agree for reasons that I will come to in

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<v Speaker 1>due course.

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<v Speaker 3>And he was very scathing at times.

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<v Speaker 1>Naturally, not only did you cut short three lives and

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<v Speaker 1>cause lasting damage to Ian Wilkinson's health, thereby devastating the

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<v Speaker 1>extended Patterson and Wilkinson families, you inflicted untold suffering on

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<v Speaker 1>your own children, whom you robbed of their beloved grandparents.

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<v Speaker 3>You know, he said this crime was premeditated and planned.

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<v Speaker 3>He made the absolutely clear. He clearly outlined each aspect

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<v Speaker 3>for example, looking at death caps on I Naturalist's website.

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<v Speaker 1>That is a website on which people can post and

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<v Speaker 1>view sightings of death cap mushrooms, amongst other things. On

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<v Speaker 1>the twenty eighth of May twenty two, you access the

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<v Speaker 1>I Naturalist website and navigated to its worldwide map in

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<v Speaker 1>relation to sightings of deathcap mushrooms.

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<v Speaker 3>She bought a dehy tractor. She took pictures of what

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<v Speaker 3>experts later said look like death caps in that de

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<v Speaker 3>hopereta and sent them on her friend group with the

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<v Speaker 3>true crime friends that she'd made on Facebook.

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<v Speaker 1>You photographed forage mushrooms on the trays of your dehydrator.

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<v Speaker 1>The images were found by investigators on a Samsung tablet

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<v Speaker 1>later seized from your home.

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<v Speaker 3>She invited Simon Patterson to the infamous lunch, saying she

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<v Speaker 3>had an important medical news, which of course we now

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<v Speaker 3>know is lies.

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<v Speaker 1>Simon and you exchanged messages. Simon's read quote, Sorry, I

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<v Speaker 1>feel too uncomfortable about coming to the lunch with you, Mum, Dad,

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<v Speaker 1>Heather and Ian tomorrow, but I am happy to talk

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<v Speaker 1>about your health and implications of that at another time.

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<v Speaker 1>If you'd like to discuss on the phone, just let

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<v Speaker 1>me know. You replied five minutes later, quote, that's really disappointing.

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<v Speaker 1>I've spent many hours this week preparing lunch for tomorrow.

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<v Speaker 3>And the judge said he accepted Ian Wilkinson's evidence that

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<v Speaker 3>she served guests on gray live plates and hers was

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<v Speaker 3>on a small plate, which was a huge part of

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<v Speaker 3>the trial. You know, it just went on and on

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<v Speaker 3>and it really reminded those watching live exactly how elaborate

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<v Speaker 3>this crime was and intentional. H Yeah.

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<v Speaker 2>And he also said that it was clear that she

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<v Speaker 2>had wanted her guests to suffer. She would have known

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<v Speaker 2>the effect of poisoning with death cat mushrooms, and he

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<v Speaker 2>described her what she'd done as falling into the worst

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<v Speaker 2>category of murder and attempted murder. So what did you

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<v Speaker 2>make of his characterization of how serious her crimes are?

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<v Speaker 3>Absolutely correct. I mean during the trial, I was very

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<v Speaker 3>moved and it was very difficult to listen to the

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<v Speaker 3>suffering involved in terms of those poor people, the initial

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<v Speaker 3>gastro symptoms, which became more and more extreme as the

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<v Speaker 3>hours went by, and then their time in hospital was

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<v Speaker 3>as medics desperately tried to save them. Their organs were

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<v Speaker 3>basically filling with fluid and it was that actually a

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<v Speaker 3>reminder that violent crimes don't always have to evolve a

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<v Speaker 3>knife or a gun. This was a very nasty, violent crime,

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<v Speaker 3>and as he said, she intended to kill them all,

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<v Speaker 3>and she showed no pity for her victims. Another quote

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<v Speaker 3>he said was you followed through on your lethal plan,

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<v Speaker 3>which was actually a quote as he noted from Heather

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<v Speaker 3>and Ian's daughter Ruth de Bois, as.

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<v Speaker 1>The Wilkinson's daughter Ruth Dubois remarking her victim impact statement,

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<v Speaker 1>you quote followed through on your lethal plan. Your lunch

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<v Speaker 1>giars each suffered severe gestro intestinal illness on the Sunday

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<v Speaker 1>and Monday prior to being sedated and mechanically ventilated. Their

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<v Speaker 1>suffering was protracted.

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<v Speaker 3>Because maybe if she said yes, I forage, and they

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<v Speaker 3>would have realized there was a chance that they could

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<v Speaker 3>have consumed death caps or another seriously poisonous mushroom. They

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<v Speaker 3>could have had an antidote or the medication that people

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<v Speaker 3>can have to protect from liver damage. So she carried

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<v Speaker 3>on the cry in those following days, and he said

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<v Speaker 3>their suffering was substantial. It was enormous betrayal of the

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<v Speaker 3>trust of your victims. All had been good to you.

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<v Speaker 1>Your victims were all your relatives by marriage. More than that,

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<v Speaker 1>they had all been good to you and your children

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<v Speaker 1>over many years, as you acknowledged in your testimony.

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<v Speaker 3>Very damning, very scathing, and wrote me so.

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<v Speaker 2>And one thing that Justine Spiel pointed out was that

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<v Speaker 2>we still don't know why Aaron Patterson did what she DIDs.

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<v Speaker 2>Motive was never established, he said, and he was talking

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<v Speaker 2>directly to her.

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<v Speaker 3>Only you know why you did this.

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<v Speaker 2>So given that, do you think that we're just going

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<v Speaker 2>to see endless speculation here about what her motive was.

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<v Speaker 3>Yes, unless she ever confesses, which it doesn't look likely,

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<v Speaker 3>we will never know. I mean, of course, the speculation

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<v Speaker 3>there was a fallout. He did mention the family fall

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<v Speaker 3>out briefly when she was seeking support from Don and

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<v Speaker 3>Gail Patterson regarding her strange husband, Simon's lack of paying

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<v Speaker 3>child support for a short time. And there's speculation that

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<v Speaker 3>she held onto that grudge even though it was seemed

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<v Speaker 3>to be resolved, and that she really held that in

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<v Speaker 3>But of course we heard when the pre trial suppression

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<v Speaker 3>order was lifted, we heard that, you know, Simon Patterson

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<v Speaker 3>alleges that she tried to poison him on several occasions

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<v Speaker 3>and made him extremely unwell. But you know, clearly she's

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<v Speaker 3>in the right place. Is a very serious crime. This

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<v Speaker 3>is a serial killing crime and one that we thankfully

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<v Speaker 3>don't see very often in Australia. But she has been

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<v Speaker 3>given these life sentences. And yes, it's thirty three years

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<v Speaker 3>in prison, non parole period, but actually, if you break

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<v Speaker 3>it down, Ian Wilkinson's attempted murder was twenty five years,

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<v Speaker 3>the killing of Heather Wilkinson life in prison, Gail Patterson

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<v Speaker 3>life in prison, Don Patterson life in prison. I mean,

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<v Speaker 3>if you added all that up, it would come to

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<v Speaker 3>like one hundred years. But she can only do what

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<v Speaker 3>she can do. So it's being done concurrently, and it's

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<v Speaker 3>a life sentence with a non parole period of thirty

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<v Speaker 3>three years, but she'll be eighty three. Will she live

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<v Speaker 3>to see that? We don't know. It's not exactly conducive

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<v Speaker 3>healthy conditions where she's being held.

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<v Speaker 2>Coming up, why the sole survivor of Erin Patterson's poisoned

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<v Speaker 2>lunch has offered forgiveness Lucy In setting Aaron Patterson's non

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<v Speaker 2>parole period, Justice Bill spoke a lot about this being

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<v Speaker 2>one of the biggest points that he had to make

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<v Speaker 2>a decision on. So tell me about the considerations that

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<v Speaker 2>would have gone into his decision.

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<v Speaker 3>I think with the non parole period when there was

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<v Speaker 3>the pre sentencing hearing in the last few weeks we've had,

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<v Speaker 3>there was a lot of argument between the Crown and

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<v Speaker 3>the defense bearer ser Colin man dysc in terms of

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<v Speaker 3>should there be a non parole period. The Crown we're

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<v Speaker 3>pushing no, she should die in jail. And in the

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<v Speaker 3>end the judge said the reason he gave her a

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<v Speaker 3>non parole period. So for example, you could call that

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<v Speaker 3>a shred of light that one day, at eighty three

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<v Speaker 3>years old, she could have some kind of freedom if

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<v Speaker 3>she makes it that long, he said. He took into

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<v Speaker 3>consideration Erin's life in the Gordon Wing of Dame Phyllis

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<v Speaker 3>Frost Center. Now this wing's quite infamous. It is the

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<v Speaker 3>most serious isolation wing where generally they're in their cells

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<v Speaker 3>for maybe twenty two hours twenty three hours a day

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<v Speaker 3>and they don't really mix with each other. They only

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<v Speaker 3>mix with staff. So even though she's in theory allowed

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<v Speaker 3>out of herself, sometimes she doesn't get out. But they're

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<v Speaker 3>saying due to the forthcoming documentaries, books, etc. Her notoriety

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<v Speaker 3>will go on, and they're worried that she would be

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<v Speaker 3>attacked effectively in prison. So he took that into consideration

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<v Speaker 3>in terms of giving her that non parole period, because

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<v Speaker 3>he accepts that that's not really standard to keep someone

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<v Speaker 3>in segregation. In fact, the UN suggests it should only

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<v Speaker 3>be fifteen days at a time, and she's facing many

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<v Speaker 3>years at a time in this situation.

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<v Speaker 2>Yeah, given that, given that it is in breach of

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<v Speaker 2>you and guidelines, how long is a situation like that

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<v Speaker 2>likely to go on for? Like you would hope, well,

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<v Speaker 2>you would think that it might change.

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<v Speaker 3>Yeah, I suppose while we're in this frenzy. We've got

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<v Speaker 3>the Stand documentary coming out, there's books coming out from

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<v Speaker 3>multiple publishers. There's going to be so much attention on this,

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<v Speaker 3>and so I think therefore her own safety, I think

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<v Speaker 3>it will be for the foreseeable future, might be you know,

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<v Speaker 3>a few years, five years, she might be able to

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<v Speaker 3>go back and be in the more general area and

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<v Speaker 3>have despite what she's done. We're a humane country and

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<v Speaker 3>we treat people appropriately, and I think that's important for

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<v Speaker 3>us as a society, and so she will be treated

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<v Speaker 3>as appropriate for her status at that point. The murders.

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<v Speaker 5>Here today is to give some well earned thanks firstly

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<v Speaker 5>to Victoria Police, in particular the homicide squad and the

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<v Speaker 5>team led by Detective Stephen epping Stall and.

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<v Speaker 2>Ian Wilkinson, who was the only person to survive that lunch.

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<v Speaker 2>He was there today and he spoke briefly outside of court.

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<v Speaker 2>He thanked police, he thanked prosecutors. So tell me a

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<v Speaker 2>bit about the impact of all of this on him,

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<v Speaker 2>as well as the other community members, family members, friends.

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<v Speaker 3>Ian Wilkinson look I remember seeing him at the pre

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<v Speaker 3>trial hearing for the first time. Was the first time

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<v Speaker 3>he appeared in court. That was last year in the

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<v Speaker 3>Supreme Court in the William Street in Melbourne. I was

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<v Speaker 3>absolutely blown away by his presentation. He was just so

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<v Speaker 3>poised for what had happened, including loss of his wife.

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<v Speaker 3>He appeared at the trial. He was very strong, he

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<v Speaker 3>got the facts out, he didn't waiver, he wasn't overcome

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<v Speaker 3>by emotion. Again, extremely impressive carriage. It was only when

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<v Speaker 3>he came to do his victim impact statement two weeks

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<v Speaker 3>ago that he did break down as he talked about

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<v Speaker 3>Heather's character and she sounded such a wonderful person, absolutely

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<v Speaker 3>lovely mother and grandmother who helped her local community, helped family.

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<v Speaker 3>And he talked of the loneliness, the isolation, the despair

0:13:19.559 --> 0:13:22.600
<v Speaker 3>of being a new widower. He called himself suddenly single,

0:13:22.720 --> 0:13:26.000
<v Speaker 3>like at that age, you know, his early seventies, and

0:13:26.360 --> 0:13:28.640
<v Speaker 3>he broke down, but he still carried on. He got

0:13:28.679 --> 0:13:31.640
<v Speaker 3>through that statement. He had took deep breaths, he paused,

0:13:31.960 --> 0:13:36.439
<v Speaker 3>and then of course his daughter, Ruth Dubois, another incredibly

0:13:36.440 --> 0:13:39.920
<v Speaker 3>impressive lady, who said how much she missed her mother,

0:13:40.000 --> 0:13:43.600
<v Speaker 3>and poignantly she said she was somebody I trusted with

0:13:43.720 --> 0:13:47.680
<v Speaker 3>both the best parts and worst parts of myself, knowing

0:13:47.679 --> 0:13:50.720
<v Speaker 3>there'd be no judgment. I was really connected to what

0:13:50.800 --> 0:13:53.040
<v Speaker 3>she said, and I really realized the loss, and that

0:13:53.120 --> 0:13:55.920
<v Speaker 3>really was emotional. And then of course there was many

0:13:55.960 --> 0:13:59.520
<v Speaker 3>other statements made, in fact, altogether lodged with the court.

0:13:59.559 --> 0:14:03.200
<v Speaker 3>There was twin eight victim statements. The judge was clearly

0:14:03.320 --> 0:14:06.359
<v Speaker 3>very moved by that, and he said this has affected generations,

0:14:06.400 --> 0:14:09.920
<v Speaker 3>plus their friends, plus the community. He took that into

0:14:09.960 --> 0:14:11.520
<v Speaker 3>consideration with the sentencing.

0:14:12.400 --> 0:14:16.600
<v Speaker 2>And so Aaron Patterson now has a month to ludge

0:14:16.640 --> 0:14:20.480
<v Speaker 2>an appeal either against her sentence or her conviction or both.

0:14:20.640 --> 0:14:23.400
<v Speaker 3>So does that seem like a thing to happen. Well,

0:14:23.440 --> 0:14:25.120
<v Speaker 3>it's up in the air at the moment. She now

0:14:25.160 --> 0:14:28.560
<v Speaker 3>has exactly twenty eight days from today, as you mentioned,

0:14:28.760 --> 0:14:32.960
<v Speaker 3>to appeal either against conviction or sentence. So it will

0:14:33.040 --> 0:14:36.680
<v Speaker 3>be very interesting. Her barrister, Colin Mandy, didn't comment. He

0:14:37.040 --> 0:14:40.600
<v Speaker 3>was surrounded by media as he left the court today.

0:14:40.760 --> 0:14:43.240
<v Speaker 3>It was interesting there was one point in the judge's

0:14:43.720 --> 0:14:47.120
<v Speaker 3>speech where I felt, yeah, he may seemed to suggest

0:14:47.160 --> 0:14:50.680
<v Speaker 3>she shouldn't appeal. He pointed out that Ian Wilkinson had

0:14:50.760 --> 0:14:54.400
<v Speaker 3>offered her his forgiveness and the quote that Ian Wilkinson

0:14:54.440 --> 0:14:57.040
<v Speaker 3>said it was for all those harms done to me,

0:14:57.440 --> 0:15:01.000
<v Speaker 3>with full confession and forgiveness. And it was interesting the

0:15:01.120 --> 0:15:04.040
<v Speaker 3>judge mentioned that it was perhaps he was saying, you know,

0:15:04.120 --> 0:15:06.680
<v Speaker 3>don't appeal, don't put these people through that, and you

0:15:06.840 --> 0:15:10.000
<v Speaker 3>make yourself a better person, which is what Ian Wilkinson did.

0:15:10.040 --> 0:15:13.080
<v Speaker 3>But look at this point, she's got thirty three years

0:15:13.080 --> 0:15:15.520
<v Speaker 3>ahead of her before she's out. That's if she survives

0:15:15.560 --> 0:15:19.360
<v Speaker 3>that long in those conditions, and so I think she

0:15:19.440 --> 0:15:22.960
<v Speaker 3>probably will appeal. Like she's never confessed, she's put everyone

0:15:23.000 --> 0:15:25.920
<v Speaker 3>through a lengthy trial, so we'll have to just see,

0:15:26.080 --> 0:15:28.400
<v Speaker 3>but I wouldn't be surprised because she literally has nothing

0:15:28.400 --> 0:15:28.800
<v Speaker 3>to lose.

0:15:31.640 --> 0:15:34.280
<v Speaker 2>Well, Lissie, thank you so much for be at time today,

0:15:34.560 --> 0:15:51.600
<v Speaker 2>Oh my pleasure. Also in the news today, Liberal MP

0:15:51.720 --> 0:15:53.960
<v Speaker 2>Alex Hawk has called on just into Number tip a

0:15:54.040 --> 0:15:56.720
<v Speaker 2>Price to apologize for the real damage her comments have

0:15:56.840 --> 0:16:00.480
<v Speaker 2>caused the Indian Australian community. Price claimed with that evidence

0:16:00.520 --> 0:16:02.720
<v Speaker 2>that the federal government was bringing in migrants to win

0:16:02.800 --> 0:16:06.120
<v Speaker 2>votes and named the Indian community as an example of that.

0:16:06.880 --> 0:16:09.240
<v Speaker 2>The fall that has caused Opposition leader Susan Lee to

0:16:09.240 --> 0:16:13.080
<v Speaker 2>attempt damage control with the Indian Australian community holding roundtables

0:16:13.080 --> 0:16:16.560
<v Speaker 2>and taking a public tour through Little India. And The

0:16:16.560 --> 0:16:21.080
<v Speaker 2>Australian Conservation Foundation has appointed former Greens leader Adam Bant

0:16:21.120 --> 0:16:26.200
<v Speaker 2>as the organization's next chief executive. Band, who unexpectedly lost

0:16:26.240 --> 0:16:29.440
<v Speaker 2>the seat of Melbourne the May election, will replace longtime

0:16:29.520 --> 0:16:33.560
<v Speaker 2>ACF CEO Kelly O'shannessy, who announced earlier this year that

0:16:33.640 --> 0:16:36.480
<v Speaker 2>she was resigning. I'm Ruby Jones. This is seven am.

0:16:36.680 --> 0:16:37.400
<v Speaker 2>Thanks for listening.