WEBVTT - The Trial: Phone A and Phone B

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<v Speaker 1>It's mid morning and Detective Leading Senior Constable Stephen Eppingstall

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<v Speaker 1>and his colleagues are at a house that sits on

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<v Speaker 1>a gravel road in the country town of lean Gatha.

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<v Speaker 1>They're here because it's Aaron Patterson's home and they have

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<v Speaker 1>a warrant to search it. While they're on site, Aaron

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<v Speaker 1>hends them a phone that they sees, but according to

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<v Speaker 1>the prosecution, there was another phone that police were never

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<v Speaker 1>able to find. How that phone fits into their case

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<v Speaker 1>is what the jury heard today in court. I'm Brook

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<v Speaker 1>Greenbert Craig, and this is the Mushroom Cook. It's day

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<v Speaker 1>twenty one of Aaron Patterson's murder trial and I'm here

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<v Speaker 1>again with my colleague, court reporter Laura PUSSELLA good to

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<v Speaker 1>be here. As you remember, yesterday Constable Eppingstall took to

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<v Speaker 1>the stand and today he continued his evidence. He answered

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<v Speaker 1>questions on many different topics. So let's start with the

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<v Speaker 1>most detailed, which is about two of Aaron's phones. They

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<v Speaker 1>have been called Phone A and Phone B in court today.

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<v Speaker 2>That's right, and I almost feel like I need to

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<v Speaker 2>start this out with a disclaimer. This will be some

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<v Speaker 2>really dense evidence and it might be confusing for some

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<v Speaker 2>of our listeners, but we're going to try our hardest

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<v Speaker 2>to break it down, just like it was broken down

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<v Speaker 2>in court today by Constable epping Stall to quickly give

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<v Speaker 2>a summary of Phone A and Phone B. The jury

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<v Speaker 2>were told in the prosecution opening that Phone A was

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<v Speaker 2>never recovered by police, but Phone B was seized during

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<v Speaker 2>a search warrant executed at Aaron's house on August five,

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<v Speaker 2>a week after the lunch. But for now we'll just

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<v Speaker 2>start with Phone A. The court has heard that a

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<v Speaker 2>lot of phone records have been analyzed in this case,

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<v Speaker 2>and Constable epping Stall said today that four and a

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<v Speaker 2>half years of these records showed that Erin used a

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<v Speaker 2>SIM card ending in the digits seven eight to three

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<v Speaker 2>for a long time. He said, she used this SIM

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<v Speaker 2>card to communicate with people in her life, including her

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<v Speaker 2>children and her extranged husband Simon. These records were shown

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<v Speaker 2>to the jury today and the prosecution team almost had

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<v Speaker 2>to scroll through them because there were so many of them.

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<v Speaker 2>Constable epping Stall told the court that the record showed

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<v Speaker 2>that this simcard was placed into Phone A on February twelve,

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<v Speaker 2>twenty twenty three. If we fast forward he said, this

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<v Speaker 2>simcard remained in that phone until August five, and to

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<v Speaker 2>remind our listeners, this is the date of the first

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<v Speaker 2>search warrant which you heard about in the top of

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<v Speaker 2>the episode. When asked today about these records and what

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<v Speaker 2>they showed, Constable epping Stall said that on August five,

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<v Speaker 2>around one forty five pm, you could see the SIM

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<v Speaker 2>card change from Phone A into a completely different phone,

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<v Speaker 2>that being a Nokia. Yesterday he told the court that

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<v Speaker 2>during the search warrant, Miss Patterson was allowed to use

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<v Speaker 2>a phone in a room on her own without any observation.

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<v Speaker 1>So Phone B is the Nokia then.

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<v Speaker 2>No, so the Nokia is actually a third phone. It

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<v Speaker 2>hasn't been given a name, so we're just going to

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<v Speaker 2>call it the Nokia. Every time we're referring to Phone

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<v Speaker 2>A or Phone B. Will use those terms just like

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<v Speaker 2>they've used in court. Sounds good, so Constable Eppingstaal told

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<v Speaker 2>the court that now the simcard ending in seven eighty

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<v Speaker 2>three that was being regularly used by Erin was now

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<v Speaker 2>in this Nokia, and he said that according to the records,

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<v Speaker 2>there was ongoing usage of this simcard right up until

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<v Speaker 2>August fourteen, which is when the records they had obtained

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<v Speaker 2>had ended, but he said that months later, on November two,

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<v Speaker 2>another search warrant was executed at Aaron's house, and this

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<v Speaker 2>time they were looking for Phone A. He was asked

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<v Speaker 2>by Crown Prosecutor Jane Warren whether Phone A was ever found.

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<v Speaker 2>He said, it's never been located by police.

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<v Speaker 1>Okay, So what you're saying, Laura, is that the record

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<v Speaker 1>show Phone A was used by Erin in twenty twenty

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<v Speaker 1>three to communicate with other people and it was never

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<v Speaker 1>found by police.

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<v Speaker 2>That's right.

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<v Speaker 1>Okay, Now let's move on to Phone B. What can

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<v Speaker 1>you tell me about that.

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<v Speaker 2>Constable epping Stall confirmed that Phone B was the phone

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<v Speaker 2>that Erin handed to police on August five during the

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<v Speaker 2>search warrant. We touched on this in yesterday's episode because

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<v Speaker 2>a video was played to the jury of that exchange

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<v Speaker 2>between Erin and Detective Sergeant Luke Farrell she handed the

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<v Speaker 2>phone to him towards the end of the search warrant.

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<v Speaker 2>Constable Eppingstall was then asked questions about the checks he

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<v Speaker 2>completed on this phone once it was in his custody.

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<v Speaker 2>He said that the phone had a SIM card inside

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<v Speaker 2>ending an eight three five. This being a different simcard

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<v Speaker 2>from what we've mentioned earlier. He said the SIM card

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<v Speaker 2>had only been connected from July eleven that year and

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<v Speaker 2>had been used in a tablet up until August three.

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<v Speaker 2>He then referred back to the records and he said

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<v Speaker 2>that the SIM card was taken out of the tab

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<v Speaker 2>and placed into phone B on August three. And just

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<v Speaker 2>because we are referring to a lot of dates, August

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<v Speaker 2>three is five days after the lunch and two days

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<v Speaker 2>before the search warrant.

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<v Speaker 1>Our listeners may remember that Digital forensic Officer Sharman fox

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<v Speaker 1>Henry from Victoria Police said Phone B was factory reset

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<v Speaker 1>several times in twenty twenty three.

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<v Speaker 2>Yes, we have touched upon this topic in two episodes,

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<v Speaker 2>and we came back to it again today. Mister fox

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<v Speaker 2>Henry was asked about a report last week relating to

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<v Speaker 2>these factory resets, and he said the report showed that

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<v Speaker 2>Phone B was factory reset four times on February twelve,

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<v Speaker 2>August two, August five, and August six.

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<v Speaker 1>Let's move on to more of his evidence. The jury

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<v Speaker 1>heard about Aaron's alleged medical appointments.

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<v Speaker 2>They did and to take a step back, Constable epping

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<v Speaker 2>Stall explained to the jury how he obtained Erin's Medicare

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<v Speaker 2>records and was able to use them to determine where

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<v Speaker 2>and when she went to the doctor. After that process,

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<v Speaker 2>he said he secured warrants to obtain Erin's medical records

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<v Speaker 2>from three gps in Lee and Gathakaren, Burrough and Mount Waverley.

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<v Speaker 1>Now the jury was showing entries from Gail Patterson's diary,

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<v Speaker 1>weren't they.

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<v Speaker 2>Yes, And this was happening at the same time that

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<v Speaker 2>Constable eppings Store was being asked about the medical records.

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<v Speaker 2>And it will soon be made clear why that was

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<v Speaker 2>the case. In Gayle's diary, she wrote on June twenty eighth,

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<v Speaker 2>twenty twenty three, Erin dash Saint Vincent's arm lump, Saint

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<v Speaker 2>Vincent's being a reference to a hospital in Melbourne. The

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<v Speaker 2>jury were then shown messages between Gail and Erin from

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<v Speaker 2>a day later, on June twenty nine. These are their words,

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<v Speaker 2>but not their voices.

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<v Speaker 3>Hi, Gail, Sorry, I had taken to see a movie

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<v Speaker 3>last night. We saw The Little Mermaid. The appointment went okay,

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<v Speaker 3>thanks for asking. I had a needle biopsy taken of

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<v Speaker 3>the lump and I'm returning for an MRI next week

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<v Speaker 3>and we'll know more about the results of those two things.

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<v Speaker 4>That's the test of patience, isn't it, Praying you'll know

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<v Speaker 4>God's peace. We're just ready to relax after an enjoyable

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<v Speaker 4>time with Ethan and Alice. Nice to have the fire

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<v Speaker 4>warming us in this cold weather XO.

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<v Speaker 2>After the text messages were shown to the jury, Constable

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<v Speaker 2>Epping's stare was asked whether or not he found any

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<v Speaker 2>evidence in Aaron's medical records that indicated she did have

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<v Speaker 2>a needle biopsy on June twenty eighth. He said he

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<v Speaker 2>could not find any evidence of that.

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<v Speaker 1>The messages also continued on July.

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<v Speaker 4>Six, Hi, Erin, how did you get on yesterday with

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<v Speaker 4>your medical tests? Love Don and Gail?

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<v Speaker 1>And then the next day Erin replied.

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<v Speaker 3>Thanks for your message, Don and Gail. There's a bit

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<v Speaker 3>to digest with everything that's come out of it all.

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<v Speaker 3>I might talk more about it with you both when

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<v Speaker 3>I see you in person, Love Erin.

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<v Speaker 2>Constable epping Stall was again asked whether he had found

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<v Speaker 2>any evidence of these medical appointments in Erin's records. He

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<v Speaker 2>again said he had not, but the court her that

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<v Speaker 2>Erin did attend a medical appointment in late June for

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<v Speaker 2>ribsonness and twice in July to update a prescription now constable.

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<v Speaker 1>Epping Stall was also asked questions about Aaron's medical history

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<v Speaker 1>by defense barrister Colin Mandy.

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<v Speaker 2>Sc that's right. Under cross examination, the defense tended more

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<v Speaker 2>medical records relating to Erin from twenty twenty one. In particular,

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<v Speaker 2>in one of the records from October, a doctor writes

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<v Speaker 2>Aarin worries about ovary cancer. Has been googling her symptoms,

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<v Speaker 2>thinks her symptoms may be suggestive of ovary cancer. This

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<v Speaker 2>record states that an MRI and an ultrasound were booked

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<v Speaker 2>for the following month in November. Mister Mandy also showed

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<v Speaker 2>the jury another medical record which outlined Erin's family history,

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<v Speaker 2>and it stated that her paternal aunt and maternal aunt

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<v Speaker 2>had overy cancer. It has been a while since we've

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<v Speaker 2>spoken about cancer. But the prosecution has alleged that Erin

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<v Speaker 2>falsely claimed she had cancer to ensure and to explain

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<v Speaker 2>why her children were not present at the lunch on

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<v Speaker 2>July twenty nine. But the defense has suggested that Erin

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<v Speaker 2>only told the lunch guests she had a suspected diagnosis

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<v Speaker 2>of cancer. The defense did concede, though in its opening address,

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<v Speaker 2>that Erin has not been diagnosed with cancer.

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<v Speaker 1>Now. Citizen website I Naturalist also got brought up again

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<v Speaker 1>today in court. Just to remind listeners, the jury has

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<v Speaker 1>previously heard evidence from doctor Tom May and Christine McKenzie

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<v Speaker 1>about them citing Deathcap mushrooms and logging this on the

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<v Speaker 1>website Our.

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<v Speaker 2>Naturalists came up today in Constable epping Stalls evidence in

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<v Speaker 2>chief when he was asked about the cooler Master computer

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<v Speaker 2>that was seized from Aaron's house. The court heard that

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<v Speaker 2>three web pages relating to Our Naturalist were visited by

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<v Speaker 2>a browser on that computer on May twenty eighth, twenty

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<v Speaker 2>twenty two. Just making a point that this was one

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<v Speaker 2>year before the lunch, Constable epping Stall said that as

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<v Speaker 2>part of his investigation, he searched for these web pages

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<v Speaker 2>using the URLs that had been extracted from the device.

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<v Speaker 2>The jury heard that one of these web pages related

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<v Speaker 2>to a suburban siding of Deathcap mushrooms in Melbourne Southeast.

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<v Speaker 2>This post was made on Our Naturalist on May eighteen,

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<v Speaker 2>twenty twenty two, and as a completely separate post from

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<v Speaker 2>those you mentioned earlier. Brook by doctor May and miss Mackenzie.

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<v Speaker 2>A screenshot of this web page taken by Constable Eppingstall

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<v Speaker 2>was shown to the jury today.

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<v Speaker 1>We also heard quite a bit about the food that

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<v Speaker 1>Aaron had previously purchased. The jury was shown a woolworst

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<v Speaker 1>transaction history. They were also shown a BP receipt and

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<v Speaker 1>a PUB receipt and I may.

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<v Speaker 2>Just touch on this pub receipt first because it relates

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<v Speaker 2>to the topic we were just talking about. The jury

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<v Speaker 2>heard that on the same day a browser on the

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<v Speaker 2>cooler Master computer visited the I Naturalist website. It also

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<v Speaker 2>visited a website for the cur and Borough Middle Pub

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<v Speaker 2>only a few minutes later. The jury was shown this

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<v Speaker 2>receipt that you mentioned Brook. The order was placed on

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<v Speaker 2>May twenty eighth, twenty twenty two, at seven to twenty

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<v Speaker 2>five pm. On the receipt was Erin's name and her

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<v Speaker 2>phone number, and at risk of making our listeners hungry,

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<v Speaker 2>this contained two chicken palmers, a kids burger, a kid's

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<v Speaker 2>fish and a coconot sugar and the court heard that

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<v Speaker 2>the computer records showed that this meal had been ordered

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<v Speaker 2>only a few minutes after the visit to the I

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<v Speaker 2>Naturalist website.

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<v Speaker 1>As I mentioned before, the jury were also shown a

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<v Speaker 1>receipt for the BP in coldamine that we had previously

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<v Speaker 1>spoken about in another episode. On that receipt it showed

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<v Speaker 1>three separate food items including tea and tea multicolor blister

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<v Speaker 1>which is a gum, a ham and cheese tomato sandwich,

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<v Speaker 1>and a sweet chili chicken wrap. And just to remind

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<v Speaker 1>the listeners again, this was the day that Aaron drove

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<v Speaker 1>her son to a flying lesson.

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<v Speaker 2>And to round it out, I'll talk about Erin's Woolworths

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<v Speaker 2>transaction history, which Constable epping Stall told the court today

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<v Speaker 2>was recorded through Erin's Everyday Rewards account. Her transaction history

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<v Speaker 2>from July twenty three to July twenty eight, so about

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<v Speaker 2>the week before the lunch was shown to the jury

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<v Speaker 2>with the items that related to the beef Wellington meal

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<v Speaker 2>highlighted in yellow. Six days before the lunch, on July

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<v Speaker 2>twenty three, the record showed that Erin purchased one kilo

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<v Speaker 2>of sliced mushrooms, two packets of pastry, and some shalots.

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<v Speaker 2>Two days before the lunch, so this is on July twoe,

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<v Speaker 2>she bought two more packets of pastry, four beef I

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<v Speaker 2>fillts and seven hundred and fifty grams of sliced mushrooms.

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<v Speaker 2>And then finally, the day before the lunch, she bought

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<v Speaker 2>another two packets of pastry, one point five kilos of

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<v Speaker 2>potato mash, green beans, and one more beef I fill it.

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<v Speaker 2>When this transaction history was being shown to the jury

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<v Speaker 2>on the screens, Constable epping Store was asked by Miss

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<v Speaker 2>Warren what the last column meant, and it was a

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<v Speaker 2>column relating to the price of each product, but he

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<v Speaker 2>said that he wasn't quite sure what it was, and

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<v Speaker 2>at that moment a juror actually piped up and said,

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<v Speaker 2>I do, just as Christopher Beale quickly turned to the

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<v Speaker 2>jury and said, well, ladies and gentlemen, thank you for that,

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<v Speaker 2>but keep your comments for the jury room. After that,

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<v Speaker 2>Miss Warren did confirm that it was indeed the column

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<v Speaker 2>relating to the price.

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<v Speaker 1>There has been some moments of laughter during his evidence

0:13:57.800 --> 0:14:01.120
<v Speaker 1>and he will return to the stand tomorrow to continue

0:14:01.160 --> 0:14:04.840
<v Speaker 1>his cross examination. To stay updated on this case, go

0:14:04.960 --> 0:14:07.440
<v Speaker 1>to the mush roomcook dot com dot a U for

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<v Speaker 1>more