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Speaker 1: A trial like this sometimes seems like a competition naturally,

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Speaker 1: one side against another, like we're competing against each other,

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Speaker 1: like a boxing match or a football match, or netball

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Speaker 1: or whatever it is. The truth is more like the

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Speaker 1: high jump, more like the high jump. This is important.

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Speaker 1: Only the prosecution has to get over the bar. Defense

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Speaker 1: doesn't have to do anything. Defense doesn't have to jump

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Speaker 1: any bar. Aaron Patterson doesn't have to jump any bar

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Speaker 1: at all. The prosecution has to clear the bar. And

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Speaker 1: that's the highest bar known to the law. And that's

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Speaker 1: where you are now.

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Speaker 2: To stick with Colin Mandy's sporting analogies, it was the

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Speaker 2: final siren on the defense's argument on the innocence of

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Speaker 2: Aaron Patterson. Today, her barrister talked to the jury for

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Speaker 2: the whole day, telling them that probably and maybe are

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Speaker 2: not enough to convict his clients.

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Speaker 1: You are at innocent with Aaron Patterson. That's your starting point.

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Speaker 1: The starting point is innocence. She is assumed innocent of

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Speaker 1: these charges. She doesn't have to prove her innocence to

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Speaker 1: you because she is innocent, and it is for the

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Speaker 1: prosecution to disprove her account of accidental poisoning beyond reasonable

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Speaker 1: doubt before you can move from that position, before you

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Speaker 1: can find her guilty of anything.

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Speaker 2: He talked about her testimony Asian gross, Aaron's phones, and

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Speaker 2: what he said were ridiculous propositions put forward by the prosecution.

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Speaker 2: It was a big day and we'll break it all

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Speaker 2: down for you. I'm Brook Greebit Craig, and this is

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Speaker 2: the Mushroom Cook. It's stayed thirty five of Aaron Patterson's

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Speaker 2: murder trial, and I'm here with my colleague, court reporter

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Speaker 2: Laura Possella.

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Speaker 3: After three days, we've arrived at the end of mister

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Speaker 3: Mandy's closing address.

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Speaker 2: Yes we have.

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Speaker 3: So the jurors are done hearing from witnesses, they're done

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Speaker 3: hearing from barristers, and next week, in the ninth week

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Speaker 3: of this trial, they'll hear from Justice Christopher Bale. But

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Speaker 3: more about that later today. Mister Mandy picked up where

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Speaker 3: he left off yesterday with the day after the lunch.

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Speaker 2: Yes, he started with the evidence that Aaron was drinking

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Speaker 2: coffee on July thirty, and that's the day after that

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Speaker 2: deadly meal.

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Speaker 3: This evidence came from Erin's son, who told an investigator

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Speaker 3: that that morning when he woke up and came into

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Speaker 3: the kitchen, he saw his mum drinking coffee, but when

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Speaker 3: she was giving evidence, Erin said that she was actually

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Speaker 3: drinking tea. Mister Mandy said today, though, that it was

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Speaker 3: perfectly reasonable for him to assume she was drinking coffee

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Speaker 3: that morning, considering most days he would wake up to

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Speaker 3: see her doing that.

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Speaker 2: Now, moving on to Aaron driving her son to a

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Speaker 2: flying lesson that afternoon, mister Mandy told the jury the

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Speaker 2: prosecution's case was that Erin was faking being ill, but

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Speaker 2: he disputed this, saying why would she go on this

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Speaker 2: journey If she was faking being unwell, she would go

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Speaker 2: to bed.

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Speaker 3: Alistairs may remember that it was on this journey to

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Speaker 3: Tiab that Erin said she had to pull over on

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Speaker 3: the side of the road to go to the toilet

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Speaker 3: in a bush because she was experiencing diarrhea. She said.

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Speaker 3: When they later stopped at a service station, she went

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Speaker 3: into the toilet to dispose of the tissues she had

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Speaker 3: used to clean herself up. CCTV footage shows that she

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Speaker 3: only spent nine seconds in the toilet. In its closing

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Speaker 3: address earlier this week, the prosecution argued that if Erin

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Speaker 3: really did have diarrhea that day, she would have spent

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Speaker 3: more time in there, at the very least to wash

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Speaker 3: her hands. But today mister Mandy made a point of

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Speaker 3: saying that the prosecution didn't even ask her in cross

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Speaker 3: examination what she was doing in those nine seconds while

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Speaker 3: she was in the toilet.

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Speaker 2: Now moving on to Erin leaving Lean at the hospital

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Speaker 2: after five minutes on July thirty one, Mister Mandy said

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Speaker 2: she left because she was not prepared for what she

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Speaker 2: walked into. These are his words, but not his voice.

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Speaker 1: An extremely intensive five minute interaction where she was told

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Speaker 1: that she would be admitted and transferred to a different

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Speaker 1: hospital in Melbourne. Doctor Foote told her that that's what

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Speaker 1: needed to happen, so she was not refusing treatment. She

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Speaker 1: was saying there were things she needed to do before

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Speaker 1: she could be admitted and transferred. She had diarrhea, she

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Speaker 1: was dehydrated, but she was still functioning, and she was

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Speaker 1: plainly struggling to process what she was being told and

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Speaker 1: her mind turned to the practical considerations.

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Speaker 3: Mister Mandy then took the jury to Erin's second presentation

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Speaker 3: to hospital about an hour and a half later. He

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Speaker 3: reiterated again that on the prosecution case Erin was faking illness,

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Speaker 3: but he said his client was reluctant to receive treatment

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Speaker 3: that day because of her history of hating hospitals and

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Speaker 3: discharging herself against medical advice. He told the jury that

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Speaker 3: what she did that day was actually not consistent at

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Speaker 3: all with what a person faking illness would do. In

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Speaker 3: another theatrical moment from mister Mandy, he raised his arms

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Speaker 3: and said the following.

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Speaker 1: The allegation is that she was reluctant to be admitted

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Speaker 1: to be hooked up to medications because she was pretending

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Speaker 1: to be sick. But that's a contradictory argument. Count possibly

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Speaker 1: makes sense if you're pretending to be sick, if you

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Speaker 1: got to be saying to the medical staff, hook me up,

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Speaker 1: pump me full of drugs, I am very, very sick.

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Speaker 3: Please.

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Speaker 2: Now moving on to the Asian grocer, mister Mandy said

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Speaker 2: it would have been remarkable if Aaron gave everyone the

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Speaker 2: exact same account as to what happened.

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Speaker 3: The jury has previously heard that in the week after

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Speaker 3: the lunch there was a medical investigation, a health investigation,

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Speaker 3: a child protection investigation, and a police investigation all under

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Speaker 3: way at the same time. Mister Mandy explained that there

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Speaker 3: were many people asking Aaron many questions about where the

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Speaker 3: mushrooms in the beef Wellingtons had come from. In a

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Speaker 3: previous episode, we ran through all the varying accounts Aaron

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Speaker 3: gave about the location of the Asian grocer. Today, mister

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Speaker 3: Mandy explained where those accounts did vary.

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Speaker 1: Imagine that if they all agreed exactly that she used

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Speaker 1: the same words and said the same exactly the same things,

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Speaker 1: it would be firstly totally unrealistic and the prosecution would

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Speaker 1: probably argue in those circumstances that it was very suspicious

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Speaker 1: that someone had such a well scripted account of what

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Speaker 1: was going on.

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Speaker 3: Mister Mandy then reminded the jury that during the Department

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Speaker 3: of Health's investigation, an environmental health officer was never asked

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Speaker 3: to check any Asian grosses England Waverley. This was despite

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Speaker 3: Senior Public Health Advisor Sally Ane Atkinson telling the court

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Speaker 3: that she remembered telling this employee to check that suburb.

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Speaker 3: Mister Mandy said today that one of these two witnesses

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Speaker 3: must have been honestly mistaken.

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Speaker 2: Mister Mandy then went on to speak about Phone A

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Speaker 2: and Phone B as another reminder for our listeners. Phone

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Speaker 2: A was Erin's usual phone, which the prosecution alleged she

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Speaker 2: concealed from police, while Phone B was the dummy phone

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Speaker 2: she set up to hand to police.

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Speaker 3: But mister Mandy questioned today why Erin would go to

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Speaker 3: the effort of setting up Phone B just to hand

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Speaker 3: it to police as a dummy phone. He said, as

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Speaker 3: soon as investigators looked at the phone, they would have

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Speaker 3: realized it was not her usual phone. He reminded the

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Speaker 3: jury of her evidence that she set up Phone B

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Speaker 3: because Phonne A was damaged and she wanted to change devices.

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Speaker 3: This is what he said about the allegation from the

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Speaker 3: prosecution that Erin concealed Phone A.

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Speaker 1: If the intent was to conceal the existence of Phone A,

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Speaker 1: why continue using it? Better yet, why not get rid

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Speaker 1: of it at a much earlier stage. She had the

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Speaker 1: opportunity to dispose of it after she got home from hospital,

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Speaker 1: why not take her to the tip. If she had

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Speaker 1: planned the cold calculated murders that the Crown says she committed,

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Speaker 1: deliberate murders, the Crown says she's planning at least from

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Speaker 1: twenty eight April and had incriminating searches on her phone.

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Speaker 1: This would have been part of the plan. Surely it

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Speaker 1: would have been destroyed.

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Speaker 3: He said. The fact Aaron continued to use phone A

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Speaker 3: after the lunch was more consistent with her account, telling

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Speaker 3: the jury that the prosecution were only alleging she concealed

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Speaker 3: Phone A to explain why certain evidence in the case

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Speaker 3: did not exist. He did admit that factory resetting phone

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Speaker 3: B was a stupid thing that his client did, but

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Speaker 3: he said it remained consistent with her panic state of mind.

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Speaker 1: His honor will direct you, as a matter of law,

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Speaker 1: that the law recognizes that there might be all sorts

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Speaker 1: of reasons why a person engages in conduct that to

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Speaker 1: everyone else in the outside world may make them look guilty.

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Speaker 1: There are all sorts of reasons why an innocent person

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Speaker 1: can engage in that type of conduct, like dumping the

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Speaker 1: dehydrator and lying. And you now have those reasons. Aaron

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Speaker 1: got into the witness box and told you she did

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Speaker 1: those things because she panicked when confronted with the terrible possibility,

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Speaker 1: terrible realization that her actions had caused the illnesses of

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Speaker 1: people that she loved. It doesn't excuse what she did,

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Speaker 1: not making an excuse about it. You can't jump from

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Speaker 1: there to what the crown wants you to conclude from

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Speaker 1: those items of evidence.

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Speaker 2: Mister Mandy then turned to discussing Aaron as a witness.

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Speaker 2: He reiterated that she did not have to give evidence.

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Speaker 1: She subjected herself to lengthy cross examination and our submission

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Speaker 1: to you and you would probably agree that the way

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Speaker 1: she answered questions was careful, even pedantic, and you might

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Speaker 1: think that's a very sensible way of approaching things. If

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Speaker 1: you are going to be cross examined for six days,

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Speaker 1: it is difficult to imagine a situation where you would

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Speaker 1: be placing yourself under such an incredible amount of scrutiny.

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Speaker 1: But she still made the decision. She didn't have to

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Speaker 1: do that, and when she chose to do it, she

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Speaker 1: made that decision as an innocent person, because that's what

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Speaker 1: she is right now and has been throughout the trial.

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Speaker 1: Presumed innocent of all the charges.

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Speaker 2: Mister Mandy said she to the truth even when it

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Speaker 2: was deeply embarrassing, and had to admit she told lies.

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Speaker 2: He declared that his client came out of the extensive

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Speaker 2: cross examination unscathed.

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Speaker 1: Her account remained coherent and consistent. Day after day, even

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Speaker 1: when challenged rapid fire from multiple angles repeatedly. So the

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Speaker 1: significance of her evidence is this that his Honor will

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Speaker 1: give you a direction of law about the conclusions that

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Speaker 1: you might reach from erin giving evidence. First, if you

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Speaker 1: think her evidence was true, you must find her not

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Speaker 1: guilty of all of the charges. Second, if you're not

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Speaker 1: sure whether her evidence was true, but think it might be,

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Speaker 1: then you will have a reasonable doubt on the prosecution's

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Speaker 1: case and you would find her not guilty of all

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Speaker 1: the charges. Third, if that's not enough that you preferred

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Speaker 1: the prosecution case to her evidence, balancing those two things, nah,

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Speaker 1: prosecution a little bit better than aaron, that's not sufficient,

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Speaker 1: because that would be finding that the prosecution case is

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Speaker 1: preferable to the defense case. And it's not a question

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Speaker 1: in this case. I'll come back to this in a minute,

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Speaker 1: not a question of balancing two things.

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Speaker 3: It was at this point that mister Mandy took the

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Speaker 3: jury to the convoluted and ridiculous propositions he said were

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Speaker 3: made by the prosecution that we flagged at the top

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Speaker 3: of the episode. He said that there were at least

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Speaker 3: four telling the jury that it was ridiculous that Aaron

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Speaker 3: would commit murder without any motive to do so, Ridiculous

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Speaker 3: that she would use cancer as a lie to get

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Speaker 3: her guests to attend her lunch, ridiculous that she expected

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Speaker 3: the guests to take her secrets about her medical issues

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Speaker 3: to the grave with them, and ridiculous that she would

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Speaker 3: push ahead with her plan despite knowing she would be

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Speaker 3: in the spotlight as the cook. He then borrowed a

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Speaker 3: metaphor used by Crown Prosecutor Nnette Rodgers in her closing

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Speaker 3: address earlier this week. She referred to the case as

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Speaker 3: a jigsaw puzzle that they must piece together. But mister

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Speaker 3: Mandy said today, to force the evidence to fit the

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Speaker 3: image which on the puzzle box was like working backwards

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Speaker 3: from a place of assumed guilt.

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Speaker 1: You can't force jigsaw puzzle pieces together when puzzle pieces

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Speaker 1: don't fit naturally. When you are making the picture, You've

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Speaker 1: got the wrong picture, the wrong piece in the wrong spot.

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Speaker 1: It is not fitting naturally into that gap.

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Speaker 2: As he approached the end of his closing address, he

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Speaker 2: told the juris they could not decide the case by

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Speaker 2: asking themselves whose case is better.

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Speaker 3: It was at this point that he mentioned the sporting

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Speaker 3: analogy you heard At the top of the episode, he

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Speaker 3: spoke to the jury about the legal principles our criminal

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Speaker 3: justice system relies on, including the standard of proof beyond

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Speaker 3: reasonable doubt. He said these principles of a criminal trial

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Speaker 3: were like the Golden rules which protect us all from

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Speaker 3: being wrongfully convicted. He then launched in to his final

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Speaker 3: statement to the jury.

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Speaker 1: If you think that it's possible that Erin deliberately poisoned

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Speaker 1: the meal, you must find her not guilty. If you

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Speaker 1: think that maybe Erin deliberately poison the meal, you must

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Speaker 1: find her not guilty. If you think that she probably

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Speaker 1: deliberately poisoned the meal, you must find her not guilty.

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Speaker 1: If you think that it's possible that she intended to

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Speaker 1: kill or cause really serious injury to Don or Gail

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Speaker 1: or Heather, you must find her not guilty. If you

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Speaker 1: think maybe she intended those things, you must find her

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Speaker 1: not guilty. If you think probably she intended those things,

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Speaker 1: you must find her not guilty. And if you think

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Speaker 1: that it's possible Aarin intended to kill Anne, you have

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Speaker 1: to find her not guilty. Maybe she intended to kill Anne,

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Speaker 1: not guilty, Probably not guilty. If you think at the

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Speaker 1: end of your deliberations, taking into account the arguments that

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Speaker 1: we've made that it is a possibility that this was

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Speaker 1: an accident, a reasonable possibility, you must find her not guilty.

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Speaker 1: And if you think that it is a reasonable possibility

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Speaker 1: that her evidence was true, you must find her not guilty.

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Speaker 1: And our submission to you is the prosecution can't get

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Speaker 1: over that high bar of beyond reasonable doubt.

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Speaker 2: And with that, mister Mandy was done. So after eight

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Speaker 2: weeks and more than fifty witnesses, the jury has now

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Speaker 2: been sent out to rest before Justice Bill delivers his charge.

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Speaker 3: And you mentioned the word rest their book, and that's

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Speaker 3: because the jury have a long weekend. They won't be

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Speaker 3: required to come back until early next week. So Justice

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Speaker 3: Bill told them to actually think about it like a

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Speaker 3: second Easter. I think they were very relieved to have

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Speaker 3: some time off before they begin their deliberations next week.

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Speaker 2: You're right about that, Laura, But in the meantime, go

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Speaker 2: to the mushroomcook dot com dot au for more