WEBVTT - The Trial: Incriminating conduct

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<v Speaker 1>In this case, the prosecution relies on certain alleged conduct

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<v Speaker 1>by the accused as incriminating conduct, that is, as implied

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<v Speaker 1>admissions of guilt.

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<v Speaker 2>Guilt and innocence were at the heart of Justice Christopher

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<v Speaker 2>Bill's words today as he continued his charge to the

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<v Speaker 2>jury in the trial of Aaron Patterson, and for the

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<v Speaker 2>first time, the jury heard a role call of the

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<v Speaker 2>incriminating conduct allegedly committed by the accused. It was a

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<v Speaker 2>short session today, but Justice Bill had a lot to say.

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<v Speaker 2>I'm Brook Greebert Craig, and this is the mushroom cook.

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<v Speaker 2>I'm hearing Morewell with my colleague court reporter Laura Plossella,

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<v Speaker 2>and we just finished day thirty seven of the trial.

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<v Speaker 3>Hey there, Brooke. I don't know if our listeners can

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<v Speaker 3>hear this, but it has just started bucketing down in Morewell.

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<v Speaker 3>I don't think we've heard rain this loud the entire

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<v Speaker 3>time we've been here, but we will solder On.

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<v Speaker 2>Yes we will. It's been freezing down here.

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<v Speaker 3>I think today just fell shy of being the shortest

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<v Speaker 3>day the jury have had in the trial. I think

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<v Speaker 3>more than a month ago we had a day where

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<v Speaker 3>we only heard forty minutes of evidence, and today the

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<v Speaker 3>jury only heard around two hours of Justice Bill's charge.

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<v Speaker 3>That was because the parties had some matters they had

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<v Speaker 3>to work through this morning, so they were able to

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<v Speaker 3>enjoy a lunch break and then come in to hear

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<v Speaker 3>more from Justice Bill.

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<v Speaker 2>Yes, and that was around two fifteen today, So Justice

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<v Speaker 2>Bill spoke to the jury in depth about the topic

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<v Speaker 2>of incriminating conduct. These are his words, but not his voice.

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<v Speaker 1>In other words, prosecution argues that the only reasonable explanation

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<v Speaker 1>of the conduct alleged is that the accused knew she

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<v Speaker 1>was guilty of the offenses with which she's charged and

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<v Speaker 1>engaged in the relevant conduct in an endeavor to conceal

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<v Speaker 1>her guilt. The defense, on the other hand, argues that

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<v Speaker 1>there are other reasonable, innocent explanations for the alleged conduct

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<v Speaker 1>relied on by the prosecution.

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<v Speaker 2>Justice Bill then went on to outline what the prosecution

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<v Speaker 2>claims in the case.

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<v Speaker 3>And this is where he made his way through that

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<v Speaker 3>role call you mentioned at the top of the episode, Brook,

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<v Speaker 3>and I'll run through it today just like he did.

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<v Speaker 3>He pretty much put it together as a list. And

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<v Speaker 3>while the jury have obviously heard evidence around all of

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<v Speaker 3>these points and The prosecution referred to all of these

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<v Speaker 3>points in their closing address. This was the first time,

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<v Speaker 3>at least in my memory, that these points have been

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<v Speaker 3>put to the jury one after the other. So again

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<v Speaker 3>before I launch in, these are all of the allegations

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<v Speaker 3>of incriminating conduct that the prosecution alleged were committed by

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<v Speaker 3>Erin after the lunch. So they say she lied about

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<v Speaker 3>being unwell and was faking deathcat mushroom poisoning. She lied

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<v Speaker 3>about using dried mushrooms from an Asian grosser. She refused

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<v Speaker 3>treatment on her first presentation to hospital and discharged herself

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<v Speaker 3>against medical advice. She was reluctant to accept treatment on

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<v Speaker 3>her second presentation to hospital. She was reluctant to obtain

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<v Speaker 3>treatment for her children. She lied about feeding her children

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<v Speaker 3>the leftovers of the beef Wellington with the mushrooms and

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<v Speaker 3>pastry scraped off. She reset Phone B, a phone she

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<v Speaker 3>handed to police multiple times. She disposed of her dehydrator

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<v Speaker 3>at the local tip. She provided police phone B instead

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<v Speaker 3>of phone A, her usual phone. She lied about her

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<v Speaker 3>phone number ending in eight three five during her record

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<v Speaker 3>of interview, and finally she lied about never having foraged

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<v Speaker 3>for mushrooms and never having owned a dehydrator.

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<v Speaker 2>Justice Bill then said that he would summarize the evidence

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<v Speaker 2>relating to each allegation, and he started with Aaron refusing

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<v Speaker 2>treatment on her first presentation to hospital and discharging herself

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<v Speaker 2>against medical advice.

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<v Speaker 3>He took them back to the evidence of doctor Chris Webster,

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<v Speaker 3>doctor Fronica Foot, and nurse Kylie Ashton, among others. After

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<v Speaker 3>he summarized the evidence, he then moved on to the

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<v Speaker 3>arguments from the prosecution about this allegation. Here is what

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<v Speaker 3>he said.

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<v Speaker 1>The prosecution argued that the only reasonable explanation for her

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<v Speaker 1>unwillingness to receive emergency treatment and her discharging herself against

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<v Speaker 1>medical advice is that she knew she hadn't consumed death

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<v Speaker 1>cap mushrooms because she had deliberately poisoned her guests with

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<v Speaker 1>death cap mushrooms, making sure she did not also consume

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<v Speaker 1>the toxins.

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<v Speaker 3>He also took them to the arguments from the defense, and.

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<v Speaker 1>In brief, the defense argued that a reasonable explanation for

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<v Speaker 1>refusing to receive treatment was that she found it difficult

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<v Speaker 1>to accept that she could have suffered death cap mushroom

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<v Speaker 1>poisoning she wasn't informed to the full extent of the

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<v Speaker 1>medical conditions of the lunch guests. She did not come

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<v Speaker 1>prepared to be admitted overnight, but she was led to

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<v Speaker 1>believe it involved transfer to a tertiary hospital, he added,

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<v Speaker 1>and to assess this all in the context of her

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<v Speaker 1>having a history of discharging herself against medical advice and

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<v Speaker 1>second guessing medicos.

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<v Speaker 3>Incriminating conduct was the last topic Justice Bihal spoke about

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<v Speaker 3>today and was only able to make his way through

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<v Speaker 3>the evidence of one of the eleven allegations. He will

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<v Speaker 3>return to summarizing the rest tomorrow, but earlier Justice Bill

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<v Speaker 3>returned to the topic of expert evidence, in particular the

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<v Speaker 3>testimony of senior digital forensics officer Charman fox Henry from

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<v Speaker 3>Victoria Police.

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<v Speaker 2>And just to remind our listeners, mister fox Henry was

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<v Speaker 2>one of the officers who examined devices seized from Aaron's home, just.

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<v Speaker 3>As he did yesterday with digital forensics expert Matthew Cerell.

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<v Speaker 3>Justice Beal reminded the jury of his qualifications and how

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<v Speaker 3>long he had spent at Victoria Police. He told them

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<v Speaker 3>that mister fox Henry moved across to the cyber crime

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<v Speaker 3>squad in July twenty three, and did not have any

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<v Speaker 3>of the qualificationations he now holds when he received the

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<v Speaker 3>devices the next month. In a similar fashion to how

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<v Speaker 3>he dealt with doctor Currel's evidence yesterday, Justice Beale summarized

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<v Speaker 3>what mister fox Henry said about the cooler Master computer

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<v Speaker 3>that was seized from Aaron's house, as well as a

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<v Speaker 3>Samsung tablet and phone B. As part of his summary,

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<v Speaker 3>Justice Beial also referred to Erin's evidence, where she said

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<v Speaker 3>it was possible she may have used the cooler Master

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<v Speaker 3>computer to visit the I Natchalist website on May twenty eight,

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<v Speaker 3>twenty twenty two, and how she admitted to factory resetting

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<v Speaker 3>Phone B in a panic while police were searching her home.

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<v Speaker 3>Justice Beale then turned to how the jury can use

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<v Speaker 3>this expert evidence from mister fox Henry. This is what

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<v Speaker 3>he said.

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<v Speaker 1>The issues that his opinions bear upon include whether you

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<v Speaker 1>can reasonably infer that on twenty eight May twenty twenty two,

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<v Speaker 1>the accused sought information on the I Naturalist website regarding

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<v Speaker 1>the locations of deathcap mushrooms in victorm Arrea. For a

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<v Speaker 1>second time, whether the accused access to Christine Mackenzie's post

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<v Speaker 1>on I Naturalist of the Observation of deathcap Mushrooms in

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<v Speaker 1>Locke Reserve on eighteen April twenty twenty three, whether she

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<v Speaker 1>sourced death cap mushrooms in Locke on twenty eight April

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<v Speaker 1>twenty twenty three, whether she accessed doctor May's post on

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<v Speaker 1>Iron Naturalist of the Observation of deathcap Mushrooms in Nielsen Street,

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<v Speaker 1>Outrim on twenty one May twenty twenty three, whether she

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<v Speaker 1>sourced or attempted to source deathcap mushrooms in Locke on

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<v Speaker 1>twenty two May twenty twenty three, and whether she sourced

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<v Speaker 1>or attempted to source deathcap mushrooms in Autrim on twenty

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<v Speaker 1>two May twenty twenty three, and whether she deliberately and

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<v Speaker 1>knowingly put death cap mushrooms into the beef. Wellington's served

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<v Speaker 1>to the lunch guests on twenty nine July.

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<v Speaker 3>But he also reminded the jury that there was no

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<v Speaker 3>evidence in this case of erin seeing the posts by

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<v Speaker 3>Miss mcken's and doctor May, So.

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<v Speaker 2>After just two hours of being in court, the jury

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<v Speaker 2>was done for the day.

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<v Speaker 3>Before they left, Justice Biale told them that he wouldn't

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<v Speaker 3>be completing his charge tomorrow. He then said, you can

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<v Speaker 3>live in Hope, which prompted laughs from the jurors.

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<v Speaker 2>So we'll be back tomorrow with more of Justice Bill's charge.

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<v Speaker 2>Thanks brook In the meantime, go to the mushroomcook dot

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<v Speaker 2>com dot au for more