WEBVTT - The Trial: Case closed

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<v Speaker 1>Now you'll be pleased to know. I've got three final questions.

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<v Speaker 1>I suggest that you deliberately sourced death cap mushrooms in

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<v Speaker 1>twenty twenty three. Agree or disagree, disagree. I suggest you

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<v Speaker 1>deliberately included them in the beef wellingtons you served to

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<v Speaker 1>Don Patterson, Gail Patterson, Ian Wilkinson and Heather Wilkinson Agree

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<v Speaker 1>or disagree, disagree, and you did so intending to kill them.

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<v Speaker 1>Agree or disagree, disagree? Thank you. I have no further questions.

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<v Speaker 2>It's been a long stint on the stand for Aaron Patterson,

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<v Speaker 2>but after another day of cross examination by Crown prosecutor

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<v Speaker 2>Nanette Rodgers, the accused mushroom Cook murderer ended her testimony.

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<v Speaker 2>It was a day where the Crown tried to tie

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<v Speaker 2>up loose ends, quizzing Aaron on leftovers, phones and her

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<v Speaker 2>actions after that deadly lunch. I'm Brook GREYB. Craig, and

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<v Speaker 2>this is the Mushroom Cook. It's day thirty one of

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<v Speaker 2>Aaron Patterson murder trial, and I'm here with court reporter

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<v Speaker 2>Laura Placella. Hi, Laura, Hey, Brook.

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<v Speaker 3>We've made it. We've made it to the end of

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<v Speaker 3>Aaron's testimony. She has been in the witness box over

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<v Speaker 3>eight days, and today was her fifth day of cross examination.

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<v Speaker 3>As our listeners heard at the top of the episode,

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<v Speaker 3>three final questions were put to Erin before doctor Rogers

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<v Speaker 3>said she was done with her cross examination, and I

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<v Speaker 3>think today was the last time we'll hear doctor Rogers

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<v Speaker 3>ask the immortal question, agree or disagree?

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<v Speaker 2>Yes, I think you're right, Laura. I think it's also

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<v Speaker 2>going to be the last time that we hear doctor

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<v Speaker 2>Rogers asking correct or incorrect two once again. Several topics

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<v Speaker 2>were covered in court today, so let's start with the

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<v Speaker 2>dehydrating of mushrooms. Doctor Rogers asked Aaron about her evidence

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<v Speaker 2>from yesterday that she dehydrated the dried mushrooms she purchased

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<v Speaker 2>from the Asian grosser because they appeared.

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<v Speaker 3>Erin confirmed that she never told Senior Public Health Adviser

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<v Speaker 3>Sally Anne Atkinson that she dehydrated the dried mushrooms, and

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<v Speaker 3>she also agreed that she didn't mention it in her

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<v Speaker 3>evidence in chief that was led by her defense barrister

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<v Speaker 3>Colin Mandy. Doctor Rogers accused Erin of lying about dehydrating

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<v Speaker 3>these dried mushrooms. Here's what was said in court. The

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<v Speaker 3>exchange has been voiced by actors.

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<v Speaker 1>I suggest this is another lie that you've made up

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<v Speaker 1>on the spot. Incorrect. I suggest that you're hedging your bets,

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<v Speaker 1>trying to make it sound like there are multiple possible

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<v Speaker 1>sources for the deafcat mushrooms.

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<v Speaker 3>Incorrect.

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<v Speaker 2>Doctor Rogers then took Erin to her testimony that she

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<v Speaker 2>was drinking herbal tea on the morning of July thirty,

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<v Speaker 2>and this is the day after the deadly lunch.

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<v Speaker 3>Erin's son told an investigator in his pre recorded evidence

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<v Speaker 3>that he remembered his mum drinking coffee that morning. But

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<v Speaker 3>Erin said her son would have seen her drinking coffee

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<v Speaker 3>in the morning for nine twenty nine percent of his life,

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<v Speaker 3>so she said he would assume she was doing the

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<v Speaker 3>same on July thirty. Doctor Rogers put to Erin that

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<v Speaker 3>she would not be drinking coffee if she was experiencing diarrhea.

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<v Speaker 3>Erin agreed with that comment, but reiterated that she was

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<v Speaker 3>drinking tea that morning.

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<v Speaker 2>Yes, Aaron's bow movements were once again mentioned in court today.

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<v Speaker 3>Told the court last week that she pulled over on

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<v Speaker 3>the side of the South Gippsland Highway on her way

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<v Speaker 3>to tie up with her children because she needed to

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<v Speaker 3>go to the toilet. She said she went to the

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<v Speaker 3>toilet in the bushes, cleaned herself up with some tissues

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<v Speaker 3>before they hit the road again. But in his prerecorded evidence,

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<v Speaker 3>Erin's son made no mention of them needing to pull

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<v Speaker 3>over for her to go to the toilet. Doctor Rogers

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<v Speaker 3>accused Erin today of lying about this, but Erin denied this.

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<v Speaker 3>Onto the next topic, Doctor Rogers returned to the issue

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<v Speaker 3>of the leftovers. Aaron said she fed her children on

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<v Speaker 3>the Sunday night after the lane lunch, and this series

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<v Speaker 3>of questions also touched upon what Aaron ate that evening.

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<v Speaker 3>In the pre recorded evidence of Erin's daughter, she said

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<v Speaker 3>that her mum had prepared a plate of leftovers for herself,

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<v Speaker 3>but wasn't very hungry, so her brother ate their mum's portion.

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<v Speaker 3>In her brother's pre recorded evidence, he also said that

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<v Speaker 3>their mum had plated up a portion of leftovers for herself.

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<v Speaker 3>But today Erin disputed both of her children's recollections. Here's

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<v Speaker 3>what she was asked, and.

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<v Speaker 1>Do you say that your daughter is wrong about what

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<v Speaker 1>you prepared yourself for dinner on Sunday night? She is.

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<v Speaker 3>The exchange continued, do you say.

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<v Speaker 1>That your son is incorrect about what you prepared yourself

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<v Speaker 1>for dinner on the Sunday night?

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<v Speaker 3>Yes, he is.

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<v Speaker 2>Dr Rogers then took Erin to her evidence in chief,

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<v Speaker 2>where she told the jury she had a conversation with

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<v Speaker 2>her estranged husband, Simon Patterson, and her children while they

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<v Speaker 2>were all at Modash Medical Center about dehydrating mushrooms and

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<v Speaker 2>hiding them in muffins.

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<v Speaker 3>As our listeners may remember, Erin claimed that after the

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<v Speaker 3>children left the room, Simon turned to her and accused

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<v Speaker 3>her of poisoning his parents with her dehydrator. She said,

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<v Speaker 3>he asked her, is that what you used to poison

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<v Speaker 3>my parents? In his evidence, Simon denied ever saying this

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<v Speaker 3>to Erin. Doctor Rogers accused Erin of lying about this

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<v Speaker 3>question from Simon to disguise why she went to the

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<v Speaker 3>koon Wara Tip the next day to dumb her dehydrator.

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<v Speaker 3>She denied that she lied about this.

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<v Speaker 2>Doctor Rogers also asked Aaron about her devices, dubbed phone A,

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<v Speaker 2>which was never located by police, Phone B, which Aaron

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<v Speaker 2>handed to police during the search warrant of her home

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<v Speaker 2>on August five, and phone C which is a nochia.

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<v Speaker 2>She continued to use after the search. Laura, let's start

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<v Speaker 2>with Phone A. What did the jury hear about it today?

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<v Speaker 3>So we're going to try and step our listeners through

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<v Speaker 3>all of these phones slowly, so I'm glad we're breaking

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<v Speaker 3>it down and focusing on each phone individually. So focusing

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<v Speaker 3>on Phone A. This was a phone that Erin bought

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<v Speaker 3>in February twenty twenty three, so by the time of

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<v Speaker 3>the lunch it was about six months old. She confirmed

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<v Speaker 3>she was using her usual SIM card ending in seven

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<v Speaker 3>eighty three in this phone. Today. Doctor Rogers asked her

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<v Speaker 3>if she was using this SIM card right up until

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<v Speaker 3>August fourteen, and Erin actually said that she still thinks

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<v Speaker 3>that simcard is connected to this day. Dr Rogers then

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<v Speaker 3>put a series of accusations to Erin.

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<v Speaker 1>I suggest that you use this phone to research deathcap mushrooms,

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<v Speaker 1>agree or disagree?

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<v Speaker 3>Disagree.

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<v Speaker 1>I suggest you also used Phone A to look up

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<v Speaker 1>I naturalist in twenty twenty three. Agree or disagree, disagree?

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<v Speaker 1>And I have already put this to you previously, but

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<v Speaker 1>I just want to make clear that I suggest you

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<v Speaker 1>saw the post by Tom May on twenty first of

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<v Speaker 1>May twenty twenty three on this phone. Disagree Phone A. Disagree,

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<v Speaker 1>And that's how you saw the post by Christine McKenzie

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<v Speaker 1>that she'd posted on eighteenth of April twenty twenty three.

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<v Speaker 3>I didn't see that post.

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<v Speaker 1>You didn't use that phone to do that.

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<v Speaker 3>I didn't see the post, is what I said.

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<v Speaker 1>Phone A was not recovered by police on fifth of August. Agreed.

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<v Speaker 3>Agree.

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<v Speaker 1>I suggest it's because you deliberately concealed this phone from police.

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<v Speaker 1>Agree or disagree?

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<v Speaker 2>Disagree.

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<v Speaker 3>After these questions, doctor Rogers took Erin back to her

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<v Speaker 3>evidence in chief when she said that Phone A was

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<v Speaker 3>not cutting it anymore by early August because the screen

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<v Speaker 3>was damaged. But doctor Rogers suggested to Erin today that

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<v Speaker 3>there was actually nothing wrong with Phone A at all,

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<v Speaker 3>and this was another lie. Erin disagreed. She was then

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<v Speaker 3>shown dozens of pages of phone records that have previously

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<v Speaker 3>been shown to the jury. Erin confirmed that on August four,

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<v Speaker 3>the phone record appeared to suggest that she was continuing

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<v Speaker 3>to use her SIM card in this phone. Doctor Rogers

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<v Speaker 3>then took Erin to August five, the day the search

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<v Speaker 3>warrant was executed at her house. It was at this

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<v Speaker 3>point that phone C entered the conversation. Doctor Rogers accused

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<v Speaker 3>Erin of moving her SIM card from phone A into

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<v Speaker 3>Phone C, that being the Nokia when she was privately

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<v Speaker 3>calling a lawyer as police searched her house, but Erin

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<v Speaker 3>denied this accusation. The jury has previously heard that after

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<v Speaker 3>the search of Erin's house, she was taken to one

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<v Speaker 3>Thaggy police station for her record of interview. After that

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<v Speaker 3>had taken place, Erin was returned home by the police

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<v Speaker 3>and given a property seizure record. She told the court

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<v Speaker 3>that when she read this record, she realized that Phone

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<v Speaker 3>A and Phone C had not been seized by police.

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<v Speaker 3>Erin had claimed that Phone A was left on a

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<v Speaker 3>window sill in her loungey untouched by police, but doctor

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<v Speaker 3>Rogers suggested that claim was nonsense. Erin disagreed with her,

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<v Speaker 3>so she said it was at that point that she

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<v Speaker 3>moved the SIM card from Phone A to Phone C,

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<v Speaker 3>keeping in mind that she said Phone A was damaged

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<v Speaker 3>and she wanted to use a new phone.

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<v Speaker 2>Thanks Laura for that explanation. Let's now move on to

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<v Speaker 2>Phone B.

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<v Speaker 3>All right, round two. So with Phone B, as you said, Brook,

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<v Speaker 3>this was the phone that Aaron handed to police at

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<v Speaker 3>the end of the search before she was taken to

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<v Speaker 3>the police station for her record of interview. As I

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<v Speaker 3>just said, it was during this week that Aaron said

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<v Speaker 3>she wanted to set up a new phone, but Erin

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<v Speaker 3>told the jury last week that she not only wanted

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<v Speaker 3>to switch from Phone A to Phone B because of

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<v Speaker 3>the damaged screen, but she also wanted to change her

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<v Speaker 3>phone number after Simon made that accusation that she had

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<v Speaker 3>poisoned his parents. The SIM card ending in seven eighty

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<v Speaker 3>three was her usual phone number, but she said she

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<v Speaker 3>set up Phone B with another SIM card ending in

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<v Speaker 3>eight three five. But doctor Rogers suggested to Erin today

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<v Speaker 3>that the real reason she handed Phone B to police

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<v Speaker 3>was not because it was the phone she was beginning

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<v Speaker 3>to use, but because she knew there was no data

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<v Speaker 3>on the device. But Erin disagreed, telling the court that

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<v Speaker 3>since this was the phone she was starting to use,

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<v Speaker 3>it was the phone she felt she should give the police.

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<v Speaker 2>And the factory resets of Phone B were also touched upon,

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<v Speaker 2>weren't they, Yes, they were, and we have spoken a

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<v Speaker 2>lot about them previously. But she confirmed again today that

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<v Speaker 2>she did conduct two factory resets on August five and

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<v Speaker 2>August six, having previously explained that she panicked during the

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<v Speaker 2>search and didn't want police to find any photos on

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<v Speaker 2>this device of mushrooms or her dehydrator. But doctor Rogers

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<v Speaker 2>suggested Erin factory reset the phone for another reason. Here's

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<v Speaker 2>what Erin was asked.

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<v Speaker 1>I suggest that you did three factory resets of this phone,

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<v Speaker 1>Phone B after the lunch on twenty ninth of July

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<v Speaker 1>twenty twenty three.

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<v Speaker 3>Agree.

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<v Speaker 1>I suggest you did that to conceal the true contents

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<v Speaker 1>of Phone B. Agree or disagree?

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<v Speaker 2>Disagree.

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<v Speaker 1>I suggest that you did this so you could then

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<v Speaker 1>pass off Phone B as your usual mobile phone without

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<v Speaker 1>police realizing. Agree or disagree?

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<v Speaker 3>Disagree.

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<v Speaker 2>So to summarize Laura, is it right to say that

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<v Speaker 2>the prosecution are accusing Aaron of concealing her real phone,

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<v Speaker 2>Phone A, from police, after using it to research death

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<v Speaker 2>caps and look up eye naturalists.

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<v Speaker 3>Yes, that's their case.

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<v Speaker 2>And they're also accusing her of then giving police Phone

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<v Speaker 2>B because she knew there would be no data on

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<v Speaker 2>the device. That's right. Great, I'm sure that's not the

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<v Speaker 2>last time that we will hear about Phone A and

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<v Speaker 2>Phone B. But now let's move on.

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<v Speaker 3>By this stage, doctor Rogers had come to the end

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<v Speaker 3>of her cross examination and she had those final three

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<v Speaker 3>questions for Erin we heard at the top of the episode.

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<v Speaker 3>After the final disagree from Erin, doctor Rogers told the

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<v Speaker 3>court she had no further questions and she sat back

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<v Speaker 3>down in her seat.

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<v Speaker 2>After a short break, mister Mandy started his re examination

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<v Speaker 2>of Erin, and.

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<v Speaker 3>He started off by asking her about the Enrich Clinic.

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<v Speaker 3>Erin last week told the court that she had an

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<v Speaker 3>appointment at this clinic to explore gastric bypass surgery on

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<v Speaker 3>September thirteenth, twenty twenty three. This week, the jury heard

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<v Speaker 3>that this clinic does not offer and has never offered,

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<v Speaker 3>gastric bypass surgery. Erin accepted that that was the case,

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<v Speaker 3>but today mister Mandy wanted to clarify something with her.

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<v Speaker 3>Erin explained that at the time she made the booking

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<v Speaker 3>in twenty twenty three, she was of the understanding that

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<v Speaker 3>the Enrich Clinic offered gastric bypass surgery or liposuction. She

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<v Speaker 3>said that her understanding was they could discuss her needs

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<v Speaker 3>and what would be the procedure that best suited her.

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<v Speaker 3>But Erin conceded she must have been mistaken the clinic

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<v Speaker 3>offering gastric bypass surgery. The jury was shown a text

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<v Speaker 3>message that confirmed she did have an appointment on September

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<v Speaker 3>thirteen at the clinic, but as we previously heard, Aaron

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<v Speaker 3>canceled that appointment two days earlier.

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<v Speaker 2>Mister Mandy then asked Erin why she prepared a six

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<v Speaker 2>beef Wellington for that lunch on July twenty nine.

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<v Speaker 3>Doctor Rogers had previously accused Erin of preparing this beef

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<v Speaker 3>Wellington for Simon if he turned up to the lunch,

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<v Speaker 3>but Erin confirmed that after she bought five twin packs

0:13:31.679 --> 0:13:34.560
<v Speaker 3>of iphillots and put two of those twin packs in

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<v Speaker 3>the fridge, she decided to use the remaining six stakes

0:13:38.559 --> 0:13:41.680
<v Speaker 3>for her beef Wellington. She said she had enough ingredients

0:13:41.840 --> 0:13:44.360
<v Speaker 3>to make six and she thought she could eat the

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<v Speaker 3>last one another day.

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<v Speaker 2>After briefly covering several more topics, mister Mandy announced he

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<v Speaker 2>had no further questions for Aaron.

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<v Speaker 3>Just as Christopher Beale then asked, mister Mandy, does that

0:13:56.320 --> 0:13:59.920
<v Speaker 3>close your case? And mister Mandy replied, it does your honor.

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<v Speaker 3>With that, he sat back down and Justice Beale then

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<v Speaker 3>turned to the jury. He then reiterated to them that

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<v Speaker 3>they wouldn't be required for a little while because he

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<v Speaker 3>would be having legal discussions with the prosecution and the

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<v Speaker 3>defense before the closing addresses could commence. Justice Bill told

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<v Speaker 3>them that these discussions would commence this afternoon, so we

0:14:20.160 --> 0:14:21.560
<v Speaker 3>told them that they could go home.

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<v Speaker 2>So the jury won't be coming in tomorrow. But rest assured,

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<v Speaker 2>we do have a little something for you, but for now.

0:14:27.920 --> 0:14:30.840
<v Speaker 2>To stay updated on the case, go to the mushroomcook

0:14:31.040 --> 0:14:32.840
<v Speaker 2>dot com dot au for more