1 00:00:01,040 --> 00:00:04,480 Speaker 1: It's an overcast day outside Latrove Valley Law Courts as 2 00:00:04,480 --> 00:00:07,040 Speaker 1: the jury has been impaneled in the case of accused 3 00:00:07,040 --> 00:00:11,560 Speaker 1: triple murderer Aaron Patterson. The trial has now officially begun 4 00:00:11,840 --> 00:00:15,239 Speaker 1: and the judge had a development for the jury. I'm 5 00:00:15,320 --> 00:00:24,439 Speaker 1: Brooke Greebert Craig and this is the Mushroom Cook. So 6 00:00:24,520 --> 00:00:26,840 Speaker 1: we've just come out of court for the first official 7 00:00:26,920 --> 00:00:30,760 Speaker 1: day of Aaron Patterson's murder trial. It's a bit drizzly outside. 8 00:00:31,160 --> 00:00:34,559 Speaker 1: There are about twenty five reporters in the courtroom. Laura 9 00:00:34,720 --> 00:00:35,800 Speaker 1: was erin in there. 10 00:00:35,920 --> 00:00:38,920 Speaker 2: Yes she was. She was seated in the dock today. 11 00:00:39,000 --> 00:00:41,720 Speaker 2: She was dressed in a pink and white striped shirt 12 00:00:41,840 --> 00:00:44,879 Speaker 2: with long sleeves. She had her glasses tucked into that 13 00:00:44,920 --> 00:00:48,640 Speaker 2: shirt and her long hair draped over her shoulders. And 14 00:00:48,680 --> 00:00:51,839 Speaker 2: can you describe a bit about the courtroom. Yes, So 15 00:00:51,880 --> 00:00:54,640 Speaker 2: the courtroom here in Morwell today was packed with journalists. 16 00:00:54,680 --> 00:00:57,360 Speaker 2: Like you said, there's a lot of wood paneling in 17 00:00:57,360 --> 00:01:01,240 Speaker 2: this courtroom, about thirty seats or so, not including obviously 18 00:01:01,240 --> 00:01:03,440 Speaker 2: the seats the jurors are sitting in and all the lawyers. 19 00:01:03,880 --> 00:01:05,320 Speaker 2: And actually by the door, there's a whole lot of 20 00:01:05,360 --> 00:01:07,560 Speaker 2: hand sanitizer and face masks. 21 00:01:08,000 --> 00:01:09,560 Speaker 1: So what happens in the hearing today? 22 00:01:10,240 --> 00:01:13,360 Speaker 2: So the jury was impaneled. We have fifteen men and women. 23 00:01:13,520 --> 00:01:16,240 Speaker 2: That break down is ten men and five women. They 24 00:01:16,280 --> 00:01:18,679 Speaker 2: will decide this case. But we'll go back to our 25 00:01:19,080 --> 00:01:21,520 Speaker 2: makeshift podcast studio later and we'll talk about that whole 26 00:01:21,560 --> 00:01:23,120 Speaker 2: process and what. 27 00:01:22,959 --> 00:01:24,320 Speaker 1: Did the jury hear. 28 00:01:24,880 --> 00:01:27,720 Speaker 2: So one thing that Justice Christopher Biale mentioned to the 29 00:01:27,760 --> 00:01:31,920 Speaker 2: jury today was that the three attempted murder charges against 30 00:01:32,040 --> 00:01:36,120 Speaker 2: erin relating to an estranged husband, Simon Patterson, have been dropped. 31 00:01:36,800 --> 00:01:39,720 Speaker 2: He told the jurors those charges had been discontinued by 32 00:01:39,760 --> 00:01:43,080 Speaker 2: the prosecution and said, in other words, those charges have 33 00:01:43,160 --> 00:01:45,480 Speaker 2: been dropped and you must put them out of your mind. 34 00:01:46,200 --> 00:01:49,120 Speaker 1: And Justice spill spoke to the jury about other things. 35 00:01:49,160 --> 00:01:49,760 Speaker 1: What were they? 36 00:01:50,320 --> 00:01:53,080 Speaker 2: Yeah, So today was all about the judge's directions. So 37 00:01:53,160 --> 00:01:55,640 Speaker 2: these are like the instructions that the jury have to 38 00:01:55,680 --> 00:01:58,600 Speaker 2: follow throughout the whole trial. One of the most important 39 00:01:58,640 --> 00:02:00,800 Speaker 2: things he touched on was not doing your own research, 40 00:02:00,960 --> 00:02:03,720 Speaker 2: making sure they're only deciding the facts of this case 41 00:02:04,040 --> 00:02:06,280 Speaker 2: on the evidence they're hearing and seeing in court. 42 00:02:06,560 --> 00:02:08,839 Speaker 1: Okay, Laura, let's head out of the rain and get 43 00:02:08,880 --> 00:02:09,680 Speaker 1: back to the studio. 44 00:02:09,960 --> 00:02:10,640 Speaker 2: Sounds good to me. 45 00:02:11,880 --> 00:02:15,040 Speaker 1: So we're back in our makeshift studio after the jury 46 00:02:15,080 --> 00:02:19,120 Speaker 1: impanelment went down today we went in it. But Laura, 47 00:02:19,160 --> 00:02:21,359 Speaker 1: can you tell us a bit more about the process. 48 00:02:21,240 --> 00:02:24,760 Speaker 2: Yes, for sure. So any jury impanelment will start with 49 00:02:25,240 --> 00:02:27,480 Speaker 2: all the people in the jury pool coming to court. 50 00:02:27,760 --> 00:02:31,239 Speaker 2: So in this case, the potential jury members have come 51 00:02:31,240 --> 00:02:34,840 Speaker 2: from all over the Gippsland region Today at the Latro 52 00:02:35,000 --> 00:02:37,920 Speaker 2: Valley Law Courts. They would gather in a jury pool 53 00:02:38,000 --> 00:02:40,679 Speaker 2: room and then things get underway. The judge will ask 54 00:02:40,720 --> 00:02:42,880 Speaker 2: members of the pool to come into the courtroom and 55 00:02:42,960 --> 00:02:44,840 Speaker 2: on each seat in the courtroom will be a list 56 00:02:44,880 --> 00:02:47,480 Speaker 2: of names. So this list is really important because it's 57 00:02:47,520 --> 00:02:49,840 Speaker 2: a list of all of the people who'll be involved 58 00:02:49,840 --> 00:02:54,120 Speaker 2: in this trial. So we're talking lawyers, witnesses and even 59 00:02:54,200 --> 00:02:56,480 Speaker 2: to an extension, court staff, people who are going to 60 00:02:56,520 --> 00:02:59,360 Speaker 2: be around and involved in this trial. It is really 61 00:02:59,400 --> 00:03:03,440 Speaker 2: important that no jury member knows anyone in this trial. 62 00:03:03,960 --> 00:03:06,880 Speaker 2: That's how the court can trust that these jury members 63 00:03:06,880 --> 00:03:10,640 Speaker 2: will remain impartial. So the people in the jury pool 64 00:03:10,760 --> 00:03:13,040 Speaker 2: are asked to look through that list and make sure 65 00:03:13,120 --> 00:03:16,680 Speaker 2: that they don't know anyone. Once this process has taken place, 66 00:03:17,000 --> 00:03:19,840 Speaker 2: the judge will usually give a short overview of the case, 67 00:03:20,000 --> 00:03:22,160 Speaker 2: just so everyone in the room knows what the trial 68 00:03:22,240 --> 00:03:26,680 Speaker 2: is about. In this case, my understanding is that they 69 00:03:26,720 --> 00:03:29,200 Speaker 2: don't want anyone in the jury who knows too much 70 00:03:29,200 --> 00:03:31,679 Speaker 2: about this case. So, for example, anyone who's listened to 71 00:03:31,760 --> 00:03:35,520 Speaker 2: our podcast would not be encouraged to be on this jury. 72 00:03:35,680 --> 00:03:37,680 Speaker 2: So once everyone in the room has been put on 73 00:03:37,760 --> 00:03:40,680 Speaker 2: notice about these things, the judge will ask if anyone 74 00:03:40,680 --> 00:03:42,400 Speaker 2: wishes to be excused. 75 00:03:42,000 --> 00:03:44,440 Speaker 1: What excuses could the potential jurors give. 76 00:03:44,640 --> 00:03:48,040 Speaker 2: Yeah, So, for example, especially given that the Gippsland area 77 00:03:48,080 --> 00:03:50,760 Speaker 2: a lot of people know each other, someone might say 78 00:03:51,040 --> 00:03:54,400 Speaker 2: I actually knew Heather Wilkinson or I knew Don Patterson, 79 00:03:54,480 --> 00:03:56,800 Speaker 2: and that is definitely a reason why they should not 80 00:03:56,800 --> 00:03:59,640 Speaker 2: sit in on the jury. But other people might say, 81 00:04:00,080 --> 00:04:02,040 Speaker 2: you know too much about this case. I've been following 82 00:04:02,080 --> 00:04:04,520 Speaker 2: it for a while. I don't think I can be impartial. 83 00:04:05,360 --> 00:04:07,920 Speaker 2: So in cases, the judge can sometimes ask people to 84 00:04:07,960 --> 00:04:10,080 Speaker 2: write down their reasons on a piece of paper and 85 00:04:10,120 --> 00:04:13,520 Speaker 2: that gets handed up to the judge, or in other cases, 86 00:04:13,680 --> 00:04:16,040 Speaker 2: that potential jury member might be asked to go into 87 00:04:16,040 --> 00:04:19,760 Speaker 2: the witness box and make that explanation, the judge will 88 00:04:19,760 --> 00:04:22,480 Speaker 2: then make a decision about whether or not that potential 89 00:04:22,560 --> 00:04:26,120 Speaker 2: jury member should still remain in the pool. If they 90 00:04:26,120 --> 00:04:28,560 Speaker 2: decide they should leave the courtroom, then that will occur. 91 00:04:28,760 --> 00:04:30,560 Speaker 2: So once we've cut it down to the people who 92 00:04:30,560 --> 00:04:33,799 Speaker 2: could be on the jury, the remaining people are allocated numbers. 93 00:04:34,360 --> 00:04:36,719 Speaker 2: Those numbers are put into a ballot box and the 94 00:04:36,720 --> 00:04:37,520 Speaker 2: ballot begins. 95 00:04:38,440 --> 00:04:40,680 Speaker 1: So once their number is actually pulled out, does that 96 00:04:40,720 --> 00:04:42,839 Speaker 1: mean that they automatically get to be on the jury. 97 00:04:43,160 --> 00:04:46,120 Speaker 2: So a potential jury member will start walking towards the 98 00:04:46,200 --> 00:04:49,400 Speaker 2: jury box and there'll be discussions happening in that moment 99 00:04:49,480 --> 00:04:52,839 Speaker 2: between Erin and her lawyer. The only information they have 100 00:04:52,920 --> 00:04:56,080 Speaker 2: to go off is what this potential jury member looks 101 00:04:56,160 --> 00:04:59,800 Speaker 2: like and their occupation. From that, Erin and I llegal 102 00:04:59,839 --> 00:05:01,919 Speaker 2: Ta get to make a decision about whether or not 103 00:05:02,040 --> 00:05:05,080 Speaker 2: that person sits in on the jury. But they only 104 00:05:05,120 --> 00:05:07,800 Speaker 2: can do that up to three times without giving a 105 00:05:07,839 --> 00:05:09,120 Speaker 2: reason why. 106 00:05:09,240 --> 00:05:11,720 Speaker 1: So can the jurors talk to anyone about the case. 107 00:05:11,520 --> 00:05:15,400 Speaker 2: Then it's really not encouraged. So obviously, once everyone is 108 00:05:15,400 --> 00:05:18,640 Speaker 2: impaneled on the jury, then they are the jury members 109 00:05:18,640 --> 00:05:21,080 Speaker 2: selected to decide this case. So it actually is important 110 00:05:21,120 --> 00:05:25,040 Speaker 2: that they talk amongst themselves, but during the empanelment process 111 00:05:25,400 --> 00:05:27,320 Speaker 2: there isn't a lot of opportunity to talk and it's 112 00:05:27,320 --> 00:05:30,400 Speaker 2: definitely not encouraged because we're just trying to focus on 113 00:05:30,480 --> 00:05:33,000 Speaker 2: selecting those people to sit on the jury. 114 00:05:33,400 --> 00:05:35,640 Speaker 1: And that means that the media can't speak to them either. 115 00:05:36,200 --> 00:05:40,640 Speaker 2: No, that's definitely not allowed. That's both during the impanelment process, 116 00:05:40,920 --> 00:05:44,760 Speaker 2: during the trial and even after. So in Australia, journalists 117 00:05:44,800 --> 00:05:47,640 Speaker 2: aren't allowed to talk to jurors even once their job 118 00:05:47,720 --> 00:05:48,800 Speaker 2: is done, and. 119 00:05:48,720 --> 00:05:51,000 Speaker 1: Can the jurors then talk to their family and friends. 120 00:05:51,520 --> 00:05:54,760 Speaker 2: Not during the trial. Usually the judge will be okay 121 00:05:54,760 --> 00:05:56,880 Speaker 2: with them explaining to their family friends that they are 122 00:05:56,920 --> 00:05:59,160 Speaker 2: sitting in on a trial and that the trial is 123 00:05:59,200 --> 00:06:02,360 Speaker 2: expected to go for a number of weeks. But beyond that, 124 00:06:02,440 --> 00:06:04,599 Speaker 2: in terms of the evidence in the facts of the case, 125 00:06:04,720 --> 00:06:07,480 Speaker 2: they're explicitly told not to talk about that with people 126 00:06:07,480 --> 00:06:11,240 Speaker 2: in their lives because they shouldn't be hearing those external opinions. 127 00:06:11,560 --> 00:06:14,960 Speaker 1: So it's pretty strict. So then what's the penalty then, Yeah, 128 00:06:15,000 --> 00:06:17,839 Speaker 1: the penalties can be pretty severe, and the jury members 129 00:06:17,880 --> 00:06:19,680 Speaker 1: are told this once they're impaneled. 130 00:06:20,360 --> 00:06:23,080 Speaker 2: They're told that if they breach any of these rules, 131 00:06:23,080 --> 00:06:26,240 Speaker 2: including the rules to not do their own research, you know, 132 00:06:26,320 --> 00:06:30,000 Speaker 2: no Google searchers, no reading the newspaper. They have to 133 00:06:30,040 --> 00:06:33,159 Speaker 2: decide this case on the evidence they hear and see 134 00:06:33,200 --> 00:06:35,719 Speaker 2: every day. And if they don't do that, if they 135 00:06:36,200 --> 00:06:38,960 Speaker 2: get external information and they get caught, they could go 136 00:06:39,000 --> 00:06:42,960 Speaker 2: to jail. Oh gosh, yeah, it's very serious. Jury members 137 00:06:42,960 --> 00:06:43,760 Speaker 2: need to stay in line. 138 00:06:44,320 --> 00:06:46,279 Speaker 1: So then what can we look forward to you tomorrow? 139 00:06:46,320 --> 00:06:50,040 Speaker 2: Then? So, tomorrow are the all important openings. This has 140 00:06:50,040 --> 00:06:52,680 Speaker 2: been a day we have been waiting for. We will 141 00:06:52,720 --> 00:06:55,400 Speaker 2: be hearing from both the prosecution and the defense about 142 00:06:55,400 --> 00:06:58,400 Speaker 2: how they put their case, and the jury will hear 143 00:06:58,440 --> 00:07:01,839 Speaker 2: it for the first time too. The addresses lay out 144 00:07:02,080 --> 00:07:04,520 Speaker 2: how the trial will run. The prosecution will walk through 145 00:07:04,520 --> 00:07:07,440 Speaker 2: the witnesses that the jury members will hear from, and 146 00:07:07,480 --> 00:07:10,000 Speaker 2: the defense will also get an opportunity here to state 147 00:07:10,040 --> 00:07:10,520 Speaker 2: their case. 148 00:07:11,040 --> 00:07:13,760 Speaker 1: And once again we will be covering that proceedings right. 149 00:07:14,120 --> 00:07:16,160 Speaker 2: Yes, so you and I will be at court tomorrow. 150 00:07:16,560 --> 00:07:18,680 Speaker 2: We will be running a live blog on our website 151 00:07:18,720 --> 00:07:21,040 Speaker 2: to make sure our readers are up to date with 152 00:07:21,160 --> 00:07:23,640 Speaker 2: all the information that the jury is hearing. But then 153 00:07:23,720 --> 00:07:25,800 Speaker 2: once the proceedings are done, you and I will jump 154 00:07:25,840 --> 00:07:28,640 Speaker 2: back here in our makeshift podcast studio and record an 155 00:07:28,680 --> 00:07:29,720 Speaker 2: episode for our listeners. 156 00:07:29,880 --> 00:07:32,840 Speaker 1: To stay across all our coverage, head to the mushroomcook 157 00:07:32,920 --> 00:07:34,040 Speaker 1: dot com dot au