1 00:00:03,880 --> 00:00:06,760 Speaker 1: From The Australian. Here's what's on the front. I'm Claire Harvey. 2 00:00:06,800 --> 00:00:12,920 Speaker 1: It's Wednesday, June twenty five, twenty twenty five. The Government 3 00:00:12,920 --> 00:00:15,720 Speaker 1: has swung the exit Parliament House with more than thirty 4 00:00:15,760 --> 00:00:18,799 Speaker 1: staff rolls to be cut across Labor, the Coalition and 5 00:00:18,880 --> 00:00:27,240 Speaker 1: the Greens. The opposition says it's vindictive and nasty. Israeli's 6 00:00:27,240 --> 00:00:30,520 Speaker 1: a morning civilian deaths in Iranian missile strikes as a 7 00:00:30,560 --> 00:00:34,159 Speaker 1: shaky ceasefire takes hold. The Middle East is waiting to 8 00:00:34,200 --> 00:00:37,599 Speaker 1: see what next in this fast moving conflict. You can 9 00:00:37,680 --> 00:00:40,080 Speaker 1: check out the latest from our correspondence on the ground 10 00:00:40,360 --> 00:00:43,520 Speaker 1: and analysis from our experts around the world right now 11 00:00:43,560 --> 00:00:51,800 Speaker 1: at the Australian dot com dot a yu. Did Aaron 12 00:00:51,840 --> 00:00:55,080 Speaker 1: Patterson lie to police or lie to the jury about 13 00:00:55,160 --> 00:00:58,880 Speaker 1: foraging and dehydrating mushrooms. That's one of the big questions 14 00:00:59,000 --> 00:01:02,400 Speaker 1: posed by the mush trial judge to the jury as 15 00:01:02,440 --> 00:01:06,080 Speaker 1: he prepares them to deliberate over a verdict on Patterson's 16 00:01:06,120 --> 00:01:10,000 Speaker 1: triple murder charge. Today we dig in to the judge's 17 00:01:10,160 --> 00:01:19,080 Speaker 1: detailed instructions, don't let your sympathy cloud your judgment. That 18 00:01:19,280 --> 00:01:22,840 Speaker 1: was the core of Victorian Supreme court Judge Christopher Beale's 19 00:01:22,880 --> 00:01:26,640 Speaker 1: summing up. The courts call it a charge to the jury. 20 00:01:26,680 --> 00:01:30,399 Speaker 1: In the Aaron Patterson triple murder trial, Patterson's pleaded not 21 00:01:30,480 --> 00:01:34,360 Speaker 1: guilty to murdering her husband's parents, Don Gale Patterson and 22 00:01:34,440 --> 00:01:38,000 Speaker 1: his auntie Heather Wilkinson. She's also pleaded not guilty to 23 00:01:38,080 --> 00:01:41,880 Speaker 1: attempting to murder his uncle Ian Wilkinson with Beef Wellington 24 00:01:41,959 --> 00:01:45,720 Speaker 1: that included deathcap mushrooms. Patterson says, it was all a 25 00:01:45,840 --> 00:01:46,760 Speaker 1: terrible accident. 26 00:01:48,080 --> 00:01:50,960 Speaker 2: It's for you and you alone to decide whether she 27 00:01:51,080 --> 00:01:54,160 Speaker 2: is guilty or not guilty of these offenses. 28 00:01:55,120 --> 00:01:57,640 Speaker 1: That's a voice actor reading the words spoken in court 29 00:01:57,680 --> 00:02:01,080 Speaker 1: on Tuesday by Justice Christopher Beale. 30 00:02:01,800 --> 00:02:04,920 Speaker 2: The verdict you return has absolutely nothing to do with me. 31 00:02:05,600 --> 00:02:09,120 Speaker 2: You alone are the judges of the facts in this case. 32 00:02:10,320 --> 00:02:13,000 Speaker 1: But Justice Bill's role is to direct the jury on 33 00:02:13,160 --> 00:02:16,320 Speaker 1: points of law and to help the jury navigate their 34 00:02:16,400 --> 00:02:19,840 Speaker 1: way through eight weeks of evidence. Right now, there are 35 00:02:19,919 --> 00:02:23,520 Speaker 1: fourteen jurors sitting in the trial. When the judge finishes 36 00:02:23,560 --> 00:02:26,200 Speaker 1: his charge later this week, the jury will hold a 37 00:02:26,240 --> 00:02:29,920 Speaker 1: ballot to shrink their numbers to twelve, and those twelve 38 00:02:30,000 --> 00:02:33,040 Speaker 1: must come up with a unanimous verdict on every charge, 39 00:02:33,200 --> 00:02:34,639 Speaker 1: guilty or not guilty. 40 00:02:35,840 --> 00:02:39,880 Speaker 2: You must ignore all other considerations, such as any feelings 41 00:02:39,880 --> 00:02:43,480 Speaker 2: of prejudice or sympathy you may have for anyone involved 42 00:02:43,520 --> 00:02:47,160 Speaker 2: in the case. You should, not, for example, be influenced 43 00:02:47,200 --> 00:02:51,200 Speaker 2: by the mere fact that Aaron Patterson cooked the fatal meal. 44 00:02:51,800 --> 00:02:54,400 Speaker 2: The issue is not whether she is in some sense 45 00:02:54,680 --> 00:02:58,320 Speaker 2: responsible for the tragic consequences of the lunch, but whether 46 00:02:58,400 --> 00:03:02,640 Speaker 2: the prosecution has proved beyond a reasonable doubt that she 47 00:03:02,800 --> 00:03:08,320 Speaker 2: is criminally responsible for those consequences. Similarly, the fact that, 48 00:03:08,520 --> 00:03:12,600 Speaker 2: on her own admission, Aaron Patterson told lies and disposed 49 00:03:12,600 --> 00:03:16,440 Speaker 2: of evidence must not cause you to be prejudiced against her. 50 00:03:17,160 --> 00:03:20,880 Speaker 2: This is a court of law, not a court of morals. 51 00:03:21,680 --> 00:03:24,680 Speaker 2: Nor must you let sympathy for the extended Patterson or 52 00:03:24,720 --> 00:03:30,160 Speaker 2: Wilkinson families cloud your judgment. Don't misunderstand me. I'm not 53 00:03:30,240 --> 00:03:33,520 Speaker 2: asking you to be inhuman. None of us are robots. 54 00:03:34,040 --> 00:03:37,520 Speaker 2: Any decent person would feel great sympathy for the Patterson 55 00:03:37,760 --> 00:03:42,200 Speaker 2: and Wilkinson families given what has befallen them, but you 56 00:03:42,320 --> 00:03:47,440 Speaker 2: must scrupulously guard against that sympathy interfering with the performance 57 00:03:47,480 --> 00:03:51,840 Speaker 2: of your duty. Remember you are judges of the facts. 58 00:03:52,520 --> 00:03:55,360 Speaker 2: That means that in relation to all of the issues 59 00:03:55,400 --> 00:03:58,720 Speaker 2: in this case, you must act like judges, or at 60 00:03:58,840 --> 00:04:03,960 Speaker 2: least good judge. You must dispassionately weigh the evidence logically 61 00:04:04,240 --> 00:04:07,880 Speaker 2: and with an open mind, not according to your feelings. 62 00:04:09,760 --> 00:04:12,680 Speaker 1: The judge also said jurors must ignore anything they'd heard 63 00:04:12,760 --> 00:04:15,360 Speaker 1: or read about the case, whether in the media or 64 00:04:15,480 --> 00:04:18,359 Speaker 1: on the street. Here's what he said about Aaron Patterson, 65 00:04:18,440 --> 00:04:21,240 Speaker 1: be accused who spent days in the witness box. 66 00:04:22,360 --> 00:04:25,880 Speaker 2: In this case, Aaron Patterson chose to give evidence. She 67 00:04:26,000 --> 00:04:29,039 Speaker 2: did not have to do that. As an accused person, 68 00:04:29,360 --> 00:04:32,839 Speaker 2: she has the right to remain silent in court. As 69 00:04:32,880 --> 00:04:36,000 Speaker 2: I've told you, it is the prosecution who must prove 70 00:04:36,440 --> 00:04:40,880 Speaker 2: Aaron Patterson's guilt beyond reasonable doubt. It is not for 71 00:04:41,000 --> 00:04:44,279 Speaker 2: her to prove her innocence, and this is not changed 72 00:04:44,360 --> 00:04:48,200 Speaker 2: because she chose to give evidence. In choosing to give evidence, 73 00:04:48,560 --> 00:04:52,480 Speaker 2: she undertook to tell the truth. She also submitted herself 74 00:04:52,520 --> 00:04:56,040 Speaker 2: to cross examination, which is the way lawyers test a 75 00:04:56,160 --> 00:05:01,400 Speaker 2: witness's credibility and reliability. There are four broad conclusions you 76 00:05:01,480 --> 00:05:06,080 Speaker 2: must reach about Miss Patterson's evidence. First, if you think 77 00:05:06,120 --> 00:05:09,080 Speaker 2: it's true, then you must find her not guilty of 78 00:05:09,120 --> 00:05:13,239 Speaker 2: all four charges. Second, if you are not sure whether 79 00:05:13,279 --> 00:05:16,800 Speaker 2: her evidence is true but think it might be, then 80 00:05:16,839 --> 00:05:20,240 Speaker 2: you will have a reasonable doubt about the prosecution's case, 81 00:05:20,680 --> 00:05:23,839 Speaker 2: and again you must find her not guilty of all 82 00:05:23,880 --> 00:05:28,400 Speaker 2: four charges. Third, it's not enough that you prefer the 83 00:05:28,480 --> 00:05:33,120 Speaker 2: prosecution case to Miss Patterson's evidence. It's not sufficient for 84 00:05:33,160 --> 00:05:36,000 Speaker 2: you to find the prosecution to be preferable to the 85 00:05:36,040 --> 00:05:40,000 Speaker 2: defense case. It's not a question of simply balancing one 86 00:05:40,120 --> 00:05:44,960 Speaker 2: case against the other or choosing which one you prefer. Finally, 87 00:05:45,400 --> 00:05:48,440 Speaker 2: if you do not believe Miss Patterson, that does not 88 00:05:48,680 --> 00:05:52,000 Speaker 2: mean that you must find her guilty. Instead, if you 89 00:05:52,120 --> 00:05:55,800 Speaker 2: reject her evidence, put it aside and ask whether the 90 00:05:55,839 --> 00:06:00,240 Speaker 2: prosecution has proved her guilt beyond reasonable doubt on the 91 00:06:00,279 --> 00:06:03,000 Speaker 2: basis of the evidence that you do accept. 92 00:06:04,880 --> 00:06:07,080 Speaker 1: The judge said it was a critical part of our 93 00:06:07,200 --> 00:06:10,279 Speaker 1: justice system that Patterson is presumed innocent. 94 00:06:11,560 --> 00:06:14,640 Speaker 2: You have evidence from a number of witnesses that she 95 00:06:14,760 --> 00:06:18,440 Speaker 2: has no criminal history, who over many years has been 96 00:06:18,480 --> 00:06:21,880 Speaker 2: a devoted mother, a loving daughter in law, and a 97 00:06:22,000 --> 00:06:24,120 Speaker 2: generous and caring sister in law. 98 00:06:25,440 --> 00:06:27,760 Speaker 1: The judge said, if the jury accepts Patterson is a 99 00:06:27,760 --> 00:06:31,320 Speaker 1: person of good character, they might consider her more trustworthy 100 00:06:31,400 --> 00:06:33,360 Speaker 1: than a person who was not of good character. 101 00:06:34,400 --> 00:06:36,800 Speaker 2: Of course, this does not mean you must find her 102 00:06:36,839 --> 00:06:39,480 Speaker 2: not guilty if you accept that she is a person 103 00:06:39,520 --> 00:06:42,599 Speaker 2: with good character. The mere fact that a person is 104 00:06:42,640 --> 00:06:46,839 Speaker 2: of good character cannot alter proven facts. It can only 105 00:06:46,920 --> 00:06:49,960 Speaker 2: help you to determine whether or not those facts have 106 00:06:50,080 --> 00:06:53,680 Speaker 2: been proved. In addition, you should keep in mind the 107 00:06:53,680 --> 00:06:56,520 Speaker 2: fact that a person who has previously been of good 108 00:06:56,600 --> 00:07:00,240 Speaker 2: character can commit a crime for the first time. 109 00:07:02,960 --> 00:07:05,480 Speaker 1: On to the facts, the judge gave jurors a summary 110 00:07:05,560 --> 00:07:08,359 Speaker 1: of what each witness had told them, but first you 111 00:07:08,440 --> 00:07:11,480 Speaker 1: reminded them of some of the controversial moments of the trial, 112 00:07:11,640 --> 00:07:13,960 Speaker 1: and it gave them the example of a moment Aaron 113 00:07:14,000 --> 00:07:17,400 Speaker 1: Patterson described in the days after the fatal lunch when 114 00:07:17,520 --> 00:07:20,600 Speaker 1: she was a patient at Monash Medical Center in Melbourne. 115 00:07:21,280 --> 00:07:24,600 Speaker 2: You will recall that Aaron Patterson alleges that at one 116 00:07:24,640 --> 00:07:27,840 Speaker 2: point in the course of the conversation, the children left 117 00:07:27,880 --> 00:07:31,800 Speaker 2: the room momentarily. She alleges that Simon said to her, 118 00:07:32,160 --> 00:07:36,560 Speaker 2: quote is that how you poison my parents using the dehydrator? 119 00:07:37,080 --> 00:07:39,440 Speaker 2: And she told you that she answered, of course not. 120 00:07:40,480 --> 00:07:43,920 Speaker 2: You'll recall Simon Patterson's evidence. When that was put to 121 00:07:43,960 --> 00:07:47,680 Speaker 2: him in cross examination, he said, I did not say 122 00:07:47,760 --> 00:07:48,400 Speaker 2: that to her. 123 00:07:49,440 --> 00:07:52,360 Speaker 1: The judge reminded the jury that defense lawyer Colin Mandy 124 00:07:52,480 --> 00:07:55,720 Speaker 1: sc said that moment was the ful crom the turning 125 00:07:55,760 --> 00:07:59,480 Speaker 1: point after which Aaron Patterson says she became worried about 126 00:07:59,520 --> 00:08:03,440 Speaker 1: Simon's conduct and changed her mobile phone so he couldn't 127 00:08:03,480 --> 00:08:06,920 Speaker 1: contact her. The judge said that was an example of 128 00:08:06,960 --> 00:08:10,320 Speaker 1: the kind of controversy he didn't include in his chronology 129 00:08:10,360 --> 00:08:13,760 Speaker 1: of the case provided to the jury, because he said 130 00:08:13,880 --> 00:08:16,600 Speaker 1: it was up to them to decide who was telling 131 00:08:16,640 --> 00:08:23,960 Speaker 1: the truth. Coming up, how the jury is to sift 132 00:08:23,960 --> 00:08:39,960 Speaker 1: through Aaron Patterson's time in the witness box, the judge 133 00:08:40,000 --> 00:08:43,760 Speaker 1: took the jury to something called tendency evidence. That's about 134 00:08:43,760 --> 00:08:46,120 Speaker 1: whether or not she was in the habit of foraging 135 00:08:46,200 --> 00:08:49,840 Speaker 1: for mushrooms. Patterson told the police when they interviewed her 136 00:08:50,000 --> 00:08:53,360 Speaker 1: just days after the lunch that she'd never foraged for 137 00:08:53,440 --> 00:08:57,400 Speaker 1: mushrooms and had never dehydrated food, But at trial, she 138 00:08:57,600 --> 00:09:00,320 Speaker 1: told the jury this was something she'd been doing since 139 00:09:00,400 --> 00:09:02,840 Speaker 1: COVID lockdown, when she and the kids would go on 140 00:09:02,960 --> 00:09:06,320 Speaker 1: walks to the local botanic garden and rail trail. She 141 00:09:06,400 --> 00:09:10,200 Speaker 1: said she'd pick non toxic mushrooms and dehydrate them because 142 00:09:10,240 --> 00:09:12,680 Speaker 1: the mushroom season was short, as she wanted to be 143 00:09:12,720 --> 00:09:15,800 Speaker 1: able to eat them all year round. Here's what the 144 00:09:15,840 --> 00:09:19,000 Speaker 1: judge said summing up the defense case about Pattison and 145 00:09:19,040 --> 00:09:19,720 Speaker 1: her evidence. 146 00:09:20,480 --> 00:09:24,480 Speaker 2: The defense makes the following arguments. She loved mushrooms, not 147 00:09:24,559 --> 00:09:27,400 Speaker 2: only according to what she said in evidence, but according 148 00:09:27,440 --> 00:09:30,600 Speaker 2: to her Facebook friends. The fact that the kids don't 149 00:09:30,640 --> 00:09:34,200 Speaker 2: remember her foraging for mushrooms is consistent with them just 150 00:09:34,280 --> 00:09:37,960 Speaker 2: being young kids. It wasn't something she did every day. 151 00:09:38,720 --> 00:09:41,719 Speaker 2: She didn't hide the fact that she'd purchased a dehydrator, 152 00:09:42,120 --> 00:09:45,760 Speaker 2: instead broadcasting that fact to her Facebook friends, which she 153 00:09:45,840 --> 00:09:49,520 Speaker 2: wouldn't have done. If she was deliberately planning to dehydrate 154 00:09:49,640 --> 00:09:53,720 Speaker 2: death Cap mushrooms to poison her in laws, she would 155 00:09:53,760 --> 00:09:57,000 Speaker 2: have not only concealed the fact of the dehydrator, she 156 00:09:57,000 --> 00:10:00,200 Speaker 2: would have got rid of it once she deliberately dehydrated 157 00:10:00,320 --> 00:10:03,800 Speaker 2: the death Cap mushrooms. It's argued that she gave a 158 00:10:03,840 --> 00:10:09,280 Speaker 2: consistent account in her testimony and came through cross examination unscathed. 159 00:10:10,320 --> 00:10:12,520 Speaker 1: Then the judge summed up the Crown case. 160 00:10:13,120 --> 00:10:17,400 Speaker 2: The prosecution made the following arguments. The only evidence that 161 00:10:17,480 --> 00:10:20,839 Speaker 2: she foraged for edible mushrooms came out of her mouth. 162 00:10:21,360 --> 00:10:25,120 Speaker 2: She's a self confessed liar. There were no messages to 163 00:10:25,200 --> 00:10:29,479 Speaker 2: Simon or the Patterson's group regarding foraging for edible mushrooms, 164 00:10:29,960 --> 00:10:34,200 Speaker 2: no messages to the Facebook friends regarding foraging for edible mushrooms, 165 00:10:34,679 --> 00:10:38,319 Speaker 2: no books on foraging edible mushrooms found during the searches 166 00:10:38,640 --> 00:10:43,080 Speaker 2: of her home. She denied being a forager of wild mushrooms. 167 00:10:43,480 --> 00:10:45,880 Speaker 2: It was argued that claims to have been a forager 168 00:10:45,920 --> 00:10:49,760 Speaker 2: for edible wild mushrooms is a recent invention because of 169 00:10:49,800 --> 00:10:53,120 Speaker 2: a realization on her part. The story about the Asian 170 00:10:53,200 --> 00:10:56,079 Speaker 2: grocery mushrooms didn't add up. 171 00:10:56,520 --> 00:10:58,640 Speaker 1: And this is how the judge said the jury could 172 00:10:58,760 --> 00:11:01,600 Speaker 1: use that evidence about whether or not Patterson had a 173 00:11:01,640 --> 00:11:04,439 Speaker 1: habit of picking and eating wild mushrooms. 174 00:11:05,120 --> 00:11:08,440 Speaker 2: Having gone through the evidence and the arguments, you must 175 00:11:08,440 --> 00:11:12,480 Speaker 2: take this evidence into account when deciding whether the prosecution 176 00:11:12,920 --> 00:11:17,400 Speaker 2: has proved beyond reasonable doubt that the accused deliberately put 177 00:11:17,720 --> 00:11:22,200 Speaker 2: death cap mushrooms in the beef Wellington's If you find 178 00:11:22,240 --> 00:11:25,240 Speaker 2: that she had a tendency to pick and eat wild mushrooms, 179 00:11:25,320 --> 00:11:28,520 Speaker 2: including putting them in meals she served to others, or 180 00:11:28,559 --> 00:11:31,480 Speaker 2: if you think there is a reasonable possibility that she 181 00:11:31,559 --> 00:11:35,520 Speaker 2: had that tendency, you may consider that it increases the 182 00:11:35,559 --> 00:11:39,240 Speaker 2: possibilities that the death cap mushrooms ended up in the 183 00:11:39,240 --> 00:11:42,920 Speaker 2: beef Wellington's accidentally rather than deliberately. 184 00:11:44,040 --> 00:11:47,319 Speaker 1: So if Pattison is telling the truth about foraging now, 185 00:11:47,720 --> 00:11:51,040 Speaker 1: the judge says, the jury might believe her claim it 186 00:11:51,120 --> 00:12:04,560 Speaker 1: was all a terrible accident, Just as Christopher Beale will 187 00:12:04,559 --> 00:12:08,520 Speaker 1: continue his summing up on Wednesday. The Australians covering every 188 00:12:08,600 --> 00:12:11,400 Speaker 1: moment of this trial, and our subscribers will be the 189 00:12:11,400 --> 00:12:14,320 Speaker 1: first to know when there's a verdict. To join us, 190 00:12:14,480 --> 00:12:16,959 Speaker 1: go to be Australian dot com dot au