WEBVTT - Subway CCTV and police expenses

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<v Speaker 1>Nine podcasts. The lead investigator continues his evidence, questioned on

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<v Speaker 1>exactly what security footage from the evening of the fatal

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<v Speaker 1>lunch shows. He also tells the jury pulling all of

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<v Speaker 1>the accused killer's phone records was too expensive for police.

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<v Speaker 2>Victoria's mushroom mystery, the mushroom lunch that claimed three lives

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<v Speaker 2>an Australian family's meal is now the center of a

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<v Speaker 2>homicide investigation. For bizarre tragedy now grabbing global headlines, Aaron

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<v Speaker 2>Patterson's alleged victims died after eating a family lunch she'd

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<v Speaker 2>serve them at her home.

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<v Speaker 3>I cannot think of another investigation that has generated this

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<v Speaker 3>level of media and public interest.

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<v Speaker 1>Four of the guests of that lunch were much loved

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<v Speaker 1>members of this church. Only one will ever return.

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<v Speaker 2>People are feeling very heavy with having lost such wonderful people.

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<v Speaker 1>Today, Aaron Pattison remained here inside her home. She's continued

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<v Speaker 1>to plead.

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<v Speaker 3>Her innocence.

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<v Speaker 1>In a court room in Country Victoria. Aaron Patterson is

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<v Speaker 1>on trial accused of using deathcap mushrooms to kill. She's

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<v Speaker 1>pleaded not guilty to murdering three of her former in

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<v Speaker 1>laws and attempting to kill a fourth the town's church pastor.

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<v Speaker 1>It's up to the jurors to decide what happened when

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<v Speaker 1>Pattison's loved ones sat down to eat now. The lead detective,

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<v Speaker 1>Stephen Eppingstall, has been giving evidence over a number of days,

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<v Speaker 1>and during his cross examination with Colin Mandy that our

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<v Speaker 1>listeners will have heard a little bit about in the

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<v Speaker 1>last episode, he's been taken through a number of other

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<v Speaker 1>specific topics and really questioned on particular parts of the investigation.

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<v Speaker 2>There was a lot of questioning today that went through

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<v Speaker 2>multiple topics, but a lot of it was to do

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<v Speaker 2>with data, CCTV, mobile phone tower pings, this sort of thing,

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<v Speaker 2>and one of the ones that they spend a little

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<v Speaker 2>bit of time on today with Colin Mandy asking epping

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<v Speaker 2>Stall about why certain mobile phone DOTA log records weren't

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<v Speaker 2>gab for the entirety of the investigation or for about

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<v Speaker 2>a year period. That was a twelve month period they

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<v Speaker 2>were really talking about today and we heard and said

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<v Speaker 2>that they focused their investigation on collecting this specific type

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<v Speaker 2>of data analysis for dates that were closer to the

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<v Speaker 2>lunch and not that twelve month period. And yeah, the

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<v Speaker 2>detective was quiz on, well, why is that the case?

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<v Speaker 2>Why don't we have more of this? And he explained

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<v Speaker 2>that seeking data for that amount of time would be

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<v Speaker 2>far too costly. He gave some figures, Penny, saying that

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<v Speaker 2>when the technology first came available, it was about seventeen

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<v Speaker 2>hundred dollars for two hours of data, and that if

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<v Speaker 2>they were to seek a year's worth of mobile phone

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<v Speaker 2>location tracking data, it would have probably left the homicide

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<v Speaker 2>squad in with a bill that they needed to pay

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<v Speaker 2>that would have been in six figures, so very cost prohibitive,

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<v Speaker 2>is the way that he explained it. And he said, quote,

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<v Speaker 2>my boss isn't really keen on spending that much for getting.

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<v Speaker 1>And he mentioned as part of this evidence as he

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<v Speaker 1>was going through it that basically, as the lead investigator,

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<v Speaker 1>he wants every he wants to throw everything.

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<v Speaker 2>At it, said he was greedy Penny, yeah, but.

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<v Speaker 1>He said, you know, you don't always get everything. That

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<v Speaker 1>was how he explained it, and then sort of with

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<v Speaker 1>that very specific cost as well. But he was asked

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<v Speaker 1>a lot about the search of Aaron Patterson's home. Now

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<v Speaker 1>the jury has been told there were two searches, one

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<v Speaker 1>on the fifth of August twenty twenty three, which is

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<v Speaker 1>sort of in the week following the lunch and then

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<v Speaker 1>also another search that was on the second of November

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<v Speaker 1>twenty twenty three. Now, when he was the detective being

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<v Speaker 1>taken through this evidence by Colin Mandy sc he was

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<v Speaker 1>spoken to about, well, we know that I believe Colin

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<v Speaker 1>Mandy's words were many many electronic devices were seized, but basically,

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<v Speaker 1>what about some others that have been shown in some

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<v Speaker 1>images that the jury has seen up on the screens

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<v Speaker 1>and these images they've been told were taken from these

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<v Speaker 1>search videos that were made and still images from that

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<v Speaker 1>search on the fifth of August, and the detective confirmed, yes,

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<v Speaker 1>he did believe that particularly one of these images had

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<v Speaker 1>come from there, and he didn't dispute that in any way.

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<v Speaker 1>And he was taken to a particular room in the

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<v Speaker 1>house and shown what appeared to be and what Colin

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<v Speaker 1>Mandy described as a phone box in a basket of

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<v Speaker 1>sort of in an area where we'd seen other electronics

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<v Speaker 1>earlier in the house and we'd seen also a sort

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<v Speaker 1>of a lot of cords and asked asked about that,

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<v Speaker 1>and that's when the detective sort of said, well, we

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<v Speaker 1>seized everything we saw our goal was to get every

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<v Speaker 1>electronic device we could. But he was then taken into

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<v Speaker 1>what was being described as the Lego room, and this

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<v Speaker 1>was a room. In the photos we could see it

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<v Speaker 1>was shelves sort of built in floor to ceiling, and

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<v Speaker 1>there was a lot of different items on those shelves.

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<v Speaker 2>They were open shelves, and it was a picture that

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<v Speaker 2>the jury hadn't seen before. We know that the search

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<v Speaker 2>of the house on both occasions was filmed and then

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<v Speaker 2>there was these steal images taken from that and that's

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<v Speaker 2>what was shown to the jury. But this was a

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<v Speaker 2>new one that was shown to the court today and

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<v Speaker 2>the informant was asked to look at what was in

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<v Speaker 2>that particularly on a couple of bottom shelves on the

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<v Speaker 2>right hand side of the room he was directed to,

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<v Speaker 2>and they even zoomed on the image at that time,

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<v Speaker 2>and there was two particular shelves where Colin Mandy sc

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<v Speaker 2>was suggesting that whether or not the informant agreed that

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<v Speaker 2>they could be computers, perhaps these were computers that were

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<v Speaker 2>missed or weren't picked up or weren't found during the

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<v Speaker 2>search warrants. And we know the search warrants had a

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<v Speaker 2>description on them to search for electronic devices, and epping

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<v Speaker 2>Stare was looking at them and he spent a bit

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<v Speaker 2>of time. He zoomed in himself, Penny, and he was

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<v Speaker 2>asked to look at the way he described them was

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<v Speaker 2>sort of two boxes, and one of them, he said, yes,

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<v Speaker 2>was kind of consistent with what could be a laptop.

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<v Speaker 2>But the other one, he said, appeared to have a

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<v Speaker 2>microphone over the top, and he really couldn't agree with

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<v Speaker 2>the suggestion that Colin Mandy was making that that was

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<v Speaker 2>also a laptop.

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<v Speaker 1>Let's have a little bit of a listen to what

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<v Speaker 1>the detective said as part of his evidence. This is

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<v Speaker 1>where he was being asked about one of these particular

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<v Speaker 1>dark shapes that we could see in the photo in

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<v Speaker 1>that shelf, it's voiced by actors.

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<v Speaker 4>On the shelf on the right hand side, there was

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<v Speaker 4>a keyboard sitting on top of a laptop.

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<v Speaker 3>From that photos, I couldn't And in.

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<v Speaker 4>The shelf below that you can see the black case

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<v Speaker 4>on the left hand side.

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<v Speaker 3>Yeah, the black one has a similarity to a laptop,

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<v Speaker 3>I'll grant that, But that top right one, I couldn't say, sir,

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<v Speaker 3>what that is.

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<v Speaker 4>And these items were not seized by police.

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<v Speaker 3>Okay, if they're laptops. This is the first I'm learning

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<v Speaker 3>of these items.

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<v Speaker 4>Okay, all right, thank you. There are other items as

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<v Speaker 4>well in the premises that weren't seized. For instance, in

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<v Speaker 4>the pantry there was a USB storage device. You recall that.

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<v Speaker 3>I wasn't searching, sir, I was with miss Patterson.

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<v Speaker 1>Now, as part of what the detective was also taken

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<v Speaker 1>through by the defense, he was asked about the seizing

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<v Speaker 1>of phones from the Pattersons. So the court was told

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<v Speaker 1>as part of this through what Colin Mandy was speaking about,

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<v Speaker 1>that there were three phones that were handed over by

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<v Speaker 1>Simon Patterson, Aaron Patterson's a strange husband, those being his

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<v Speaker 1>parents done and Gail's devices, and then also his own

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<v Speaker 1>mobile phone. Now, he confirmed in his evidence, the detective

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<v Speaker 1>that he'd initially got these phones on the sixth of

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<v Speaker 1>August when he spoke with Simon Patterson. But he clarified

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<v Speaker 1>as part of his evidence that while he had this

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<v Speaker 1>phone from Simon Patterson on the sixth, that he had

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<v Speaker 1>taken it back to the office and he hadn't actually

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<v Speaker 1>been able to download that particular phone at the time.

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<v Speaker 1>So because particularly Simon's parents had passed away on what

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<v Speaker 1>was going on at the time he gave that phone

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<v Speaker 1>back to him, and then it was on the twelfth

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<v Speaker 1>of September that it was returned to him via Simon

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<v Speaker 1>Patterson and passed on to specialist investigators to download that data. Now,

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<v Speaker 1>as part of this, Colin Mandy sc sort of pressed

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<v Speaker 1>him on this in a few different ways, and it

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<v Speaker 1>was then that Justice Biale actually sort of hopped in

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<v Speaker 1>and clarified what was being said by the informant or

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<v Speaker 1>the lead detective, and Stephen Eppingstall gave evidence that yes,

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<v Speaker 1>he had been told by Simon Patterson that he'd essentially

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<v Speaker 1>changed phones, he'd got a new handset, but that his

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<v Speaker 1>understanding was that the phone that he received back on

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<v Speaker 1>the twelfth that was then downloaded, that that phone wasn't

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<v Speaker 1>actually a different one to the one he was given

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<v Speaker 1>on the sixth, just that they'd had I had this

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<v Speaker 1>discussion about him getting a new handset, and that he

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<v Speaker 1>also spoke briefly about Donald Pattison's phone too, and he

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<v Speaker 1>said he didn't uncover much on that particular phone. It

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<v Speaker 1>was fairly empty and there was a bit of reaction

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<v Speaker 1>to that in the court.

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<v Speaker 2>There is a lot of laughter in the courtroom at

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<v Speaker 2>that time. I was sitting in the back row and

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<v Speaker 2>had a pretty good view of everybody that was in

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<v Speaker 2>there today, and from all of the jury members, from

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<v Speaker 2>all of the family members, from the Pattisons and Wilkinson's,

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<v Speaker 2>they were all having a bit of a chuckle as

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<v Speaker 2>that was mentioned. The suggestion made that Don really didn't

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<v Speaker 2>use his phone that much. Even looking at the judge,

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<v Speaker 2>there was a bit of a smile on his face.

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<v Speaker 2>It was one of those softer moments during this trial.

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<v Speaker 1>And the jury's also been shown some CCTV. Now they've

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<v Speaker 1>been shown this a number of times throughout the detective's evidence,

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<v Speaker 1>and this is CCTV that they've been told came from

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<v Speaker 1>near a subway store in Lee and Gatha, and it

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<v Speaker 1>showed a red car and a couple of other things.

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<v Speaker 1>But when the detective was taken back to this by

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<v Speaker 1>the defense, there's asked some really quite specific questions regarding

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<v Speaker 1>that particular video.

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<v Speaker 2>Yeah, he was challenged on who it was that the

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<v Speaker 2>prosecution alleged got out of that car and walked into

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<v Speaker 2>the subway's store making a purchase. As the person they

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<v Speaker 2>allege was Aaron Patterson drove away for eleven minutes in

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<v Speaker 2>that vehicle, which they've been unable to ascertain details about

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<v Speaker 2>before returning. So the prosecution cases and Stephen eppings Stall

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<v Speaker 2>maintained that Aaron Patterson had dropped her son off at

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<v Speaker 2>that subway store. He'd walked in the dark through some

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<v Speaker 2>sort of dimly lit concrete walkway into the store, and

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<v Speaker 2>then she'd come back and picked him back up. But

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<v Speaker 2>Colin Mandy suggested today Penny, was this really the accused

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<v Speaker 2>woman's son or was this a different boy? And they

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<v Speaker 2>used photographs that had been taken of the accused of

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<v Speaker 2>the accused woman's son during his video evidence and during

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<v Speaker 2>an earlier exhibit we heard a rocket video he'd been

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<v Speaker 2>doing with his grandfather Don that we're using that to

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<v Speaker 2>try and compare. The defense was to Stephen Eppingstall, is

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<v Speaker 2>this really him or is this somebody else's.

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<v Speaker 1>Let's hear a little bit about what Stephen Eppingstall said

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<v Speaker 1>in his evidence.

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<v Speaker 4>Can I suggest that this is a still from the

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<v Speaker 4>CCTV footage inside the subway?

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<v Speaker 3>Yep?

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<v Speaker 4>And that is not the sun.

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<v Speaker 3>I believe it to be him, but it's obviously a

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<v Speaker 3>matter for the jury.

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<v Speaker 4>All Right, Well, let's just compare that image then with well,

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<v Speaker 4>so we all know that you agree that the first

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<v Speaker 4>photo is the sun. Yes, yes, we'll just show you

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<v Speaker 4>a still from the video interview now that we know

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<v Speaker 4>to be him. Yes, two weeks later on the sixteenth

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<v Speaker 4>of August.

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<v Speaker 3>Yeah, the two and a half. Yes, yes, sir, yep.

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<v Speaker 4>And do you agree with me that that's not the

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<v Speaker 4>same person as is depicted in the subway footage.

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<v Speaker 3>Oh, to me, he looks more like the subway guy

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<v Speaker 3>than that first photo, sir.

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<v Speaker 4>Yes, Well, that might be right, but it's still not

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<v Speaker 4>the same person.

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<v Speaker 3>Okay, And again that's a matter for the jury, sir.

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<v Speaker 4>I'm not suggesting that there wasn't a visit to Subway.

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<v Speaker 3>No, I understand that. Yeah, I understand.

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<v Speaker 4>That we're saying the path I've got the wrong one,

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<v Speaker 4>is what you're saying.

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<v Speaker 3>Yes, I don't think so, But that's a matter for you, sir.

0:11:12.080 --> 0:11:13.800
<v Speaker 1>Just to come back to that, the jury has been

0:11:13.800 --> 0:11:17.960
<v Speaker 1>told that this particular CCTV came from the night of

0:11:18.000 --> 0:11:20.800
<v Speaker 1>the twenty ninth of July, that that on that night,

0:11:20.840 --> 0:11:23.520
<v Speaker 1>there's been other evidence given that Aaron Patterson had been

0:11:23.600 --> 0:11:27.080
<v Speaker 1>dropping this boy's friend off to his home, and that

0:11:27.160 --> 0:11:30.319
<v Speaker 1>then the prosecution had alleged they'd gone to Subway and

0:11:30.360 --> 0:11:33.480
<v Speaker 1>as part of this sort of lead into trying to

0:11:33.520 --> 0:11:36.240
<v Speaker 1>work out who was the boy being shown in the

0:11:36.280 --> 0:11:39.520
<v Speaker 1>footage in these very close up screen grabs from the

0:11:39.520 --> 0:11:41.240
<v Speaker 1>footage that were being zoomed in, and that you could

0:11:41.240 --> 0:11:43.640
<v Speaker 1>hear the detective just speaking about. Then in that voiced

0:11:43.640 --> 0:11:48.040
<v Speaker 1>evidence he spoke to the defense about when they asked, well,

0:11:48.040 --> 0:11:51.160
<v Speaker 1>how did you you know confirm this? He says Simon

0:11:51.240 --> 0:11:55.560
<v Speaker 1>Patterson had told him that there had been a subway

0:11:55.559 --> 0:11:58.680
<v Speaker 1>dinner that night for his son, and he said that

0:11:58.720 --> 0:12:00.320
<v Speaker 1>it was then when they went to look for this

0:12:00.360 --> 0:12:03.840
<v Speaker 1>CCTV to try and find the right time code because

0:12:03.880 --> 0:12:07.760
<v Speaker 1>CCTV sometimes is out with the times, that he actually

0:12:08.160 --> 0:12:10.760
<v Speaker 1>asked Simon Patterson to go through the son's bank account

0:12:10.760 --> 0:12:13.600
<v Speaker 1>looking for a transaction and that it was a transaction

0:12:13.720 --> 0:12:16.800
<v Speaker 1>from that bank account for about seven twenty five PM

0:12:17.120 --> 0:12:20.319
<v Speaker 1>that he relied on to then try and find this CCTV.

0:12:20.400 --> 0:12:22.880
<v Speaker 1>And as you just heard, then he certainly maintains that

0:12:22.960 --> 0:12:25.880
<v Speaker 1>this was Aaron Patterson's son in the particular vision. But

0:12:25.920 --> 0:12:29.240
<v Speaker 1>when he was questioned by the defense, Colin Mandy mentioned, well,

0:12:29.480 --> 0:12:32.119
<v Speaker 1>how did you know basically that the bank records had

0:12:32.160 --> 0:12:33.840
<v Speaker 1>the correct time on that too, So there was a

0:12:33.840 --> 0:12:36.240
<v Speaker 1>bit of back and forth around a few elements of

0:12:36.240 --> 0:12:37.120
<v Speaker 1>this CCTV.

0:12:37.360 --> 0:12:39.680
<v Speaker 2>Yeah, and when Eppingstaal was asked, how do you explain

0:12:39.800 --> 0:12:42.080
<v Speaker 2>these discrepancies that may have occurred, he said, I've got

0:12:42.080 --> 0:12:44.839
<v Speaker 2>no idea, and then they moved on quickly to another topic.

0:12:44.880 --> 0:12:46.520
<v Speaker 2>As we said, there was quite a few today, but

0:12:46.800 --> 0:12:48.240
<v Speaker 2>that was one of the ones that he was really

0:12:48.320 --> 0:12:50.760
<v Speaker 2>pressed quite heavily on of his memory of it. And

0:12:51.040 --> 0:12:54.400
<v Speaker 2>when the different photographs of who the prosecution say Zick's

0:12:54.440 --> 0:12:56.600
<v Speaker 2>son was shown on the screen, you could see a

0:12:56.600 --> 0:12:58.920
<v Speaker 2>lot of members of the jury staring at the big screen.

0:12:58.960 --> 0:13:00.960
<v Speaker 2>You could also see many members of the public in

0:13:01.000 --> 0:13:03.160
<v Speaker 2>the courtroom sort of turning and looking at one another.

0:13:03.200 --> 0:13:06.000
<v Speaker 2>And we know it was a really really packed courtroom

0:13:06.360 --> 0:13:09.400
<v Speaker 2>again today. There was about six members of the homicide

0:13:09.440 --> 0:13:12.360
<v Speaker 2>squad attended today alongside Eppingstall who was sitting in the

0:13:12.400 --> 0:13:14.679
<v Speaker 2>public gallery. There was a number of press and there

0:13:14.720 --> 0:13:17.160
<v Speaker 2>was also a lot of members of the public as well.

0:13:17.760 --> 0:13:20.079
<v Speaker 1>Yeah, and one of the other things that was mentioned

0:13:20.120 --> 0:13:23.280
<v Speaker 1>regarding Aaron Patterson's children in some of the things that

0:13:23.920 --> 0:13:26.640
<v Speaker 1>the cross examination has focused on was sort of the

0:13:27.040 --> 0:13:29.560
<v Speaker 1>memories of the children and the evidence that they'd given

0:13:29.600 --> 0:13:32.040
<v Speaker 1>in these pre recorded videos that the jury was played

0:13:32.360 --> 0:13:36.040
<v Speaker 1>earlier in the trial. Now, Colin Mandy took the detective

0:13:36.120 --> 0:13:39.640
<v Speaker 1>today to those two videos and in it he was

0:13:40.360 --> 0:13:43.040
<v Speaker 1>asking about, you know, the sun had given evidence in

0:13:43.040 --> 0:13:46.119
<v Speaker 1>that video that they'd stopped at an outback jack donut

0:13:46.760 --> 0:13:49.640
<v Speaker 1>stop at Cooi Rup in Gippsland sort of as part

0:13:49.679 --> 0:13:53.280
<v Speaker 1>of their trip on the way back from Taiab. Now

0:13:53.600 --> 0:13:56.920
<v Speaker 1>it was mentioned that yes, that seemed to be correct

0:13:56.920 --> 0:13:58.720
<v Speaker 1>and that seemed to be consistent with what the jury

0:13:58.720 --> 0:14:01.440
<v Speaker 1>has then been shown in bang records. But then there

0:14:01.480 --> 0:14:04.719
<v Speaker 1>was a question from the defense regarding a stop at

0:14:04.720 --> 0:14:08.120
<v Speaker 1>the Caldermeaede service station the BP that the jury has

0:14:08.160 --> 0:14:11.640
<v Speaker 1>been shown CCTV of and a receipt in regards to

0:14:11.679 --> 0:14:14.520
<v Speaker 1>the transaction made there and what was ordered with a

0:14:14.600 --> 0:14:17.840
<v Speaker 1>ham sandwich, a sweet chili chicken wrap and a packet

0:14:17.840 --> 0:14:20.800
<v Speaker 1>of gum shown as part of the evidence of this

0:14:20.960 --> 0:14:24.360
<v Speaker 1>detective on a receipt that the prosecution alleged was what

0:14:24.400 --> 0:14:28.160
<v Speaker 1>Aaron Patterson had purchased in the CCTV that has been

0:14:28.200 --> 0:14:30.400
<v Speaker 1>shown to the court of a woman entering that service

0:14:30.440 --> 0:14:33.520
<v Speaker 1>station on that day. But it was mentioned by the

0:14:33.560 --> 0:14:37.280
<v Speaker 1>defense basically that this wasn't mentioned by the child when

0:14:37.400 --> 0:14:40.240
<v Speaker 1>he gave his evidence when it was pre recorded and

0:14:40.320 --> 0:14:41.200
<v Speaker 1>then played to the court.

0:14:41.280 --> 0:14:43.080
<v Speaker 2>It wasn't part of his memory. Is the way that

0:14:43.120 --> 0:14:46.600
<v Speaker 2>the jury was told that when he gave his video

0:14:46.680 --> 0:14:49.240
<v Speaker 2>recorded evidence, that he only recalled that there was one

0:14:49.280 --> 0:14:51.160
<v Speaker 2>stop on the way back, and that was at the

0:14:51.160 --> 0:14:53.680
<v Speaker 2>stop where they stopped at the Doughnut Fan And there

0:14:53.720 --> 0:14:57.680
<v Speaker 2>wasn't a memory in his video recording of them stopping

0:14:57.720 --> 0:14:59.200
<v Speaker 2>at the BP at Colder Meade.

0:14:59.200 --> 0:15:01.520
<v Speaker 1>And the detective read with that as well, we'll be

0:15:01.560 --> 0:15:06.800
<v Speaker 1>back with more evidence after this. The defense, continuing with

0:15:06.880 --> 0:15:12.080
<v Speaker 1>the cross examination, also asked about again bank records, phone records,

0:15:12.360 --> 0:15:14.680
<v Speaker 1>phone numbers, things like that, and what was put to

0:15:14.720 --> 0:15:18.040
<v Speaker 1>the detective was that on the fourth of August, when

0:15:18.040 --> 0:15:20.720
<v Speaker 1>the homicide squad already had carriage of this investigation, and

0:15:20.760 --> 0:15:23.240
<v Speaker 1>before the search of Aaron Patterson's home on the fifth,

0:15:23.480 --> 0:15:26.120
<v Speaker 1>which later that day there was this record of interview

0:15:26.120 --> 0:15:28.960
<v Speaker 1>that's been played to the jury, that there had been

0:15:29.000 --> 0:15:33.200
<v Speaker 1>an email sent that this detective was aware of regarding

0:15:33.200 --> 0:15:37.440
<v Speaker 1>Aaron Patterson's different bank records, And the defense pressed the

0:15:37.480 --> 0:15:40.520
<v Speaker 1>detective on whether or not they looked at the bank

0:15:40.560 --> 0:15:43.720
<v Speaker 1>records all the way back to April of twenty twenty three,

0:15:43.760 --> 0:15:46.400
<v Speaker 1>and he said that they hadn't. Here's a little bit

0:15:46.440 --> 0:15:48.800
<v Speaker 1>of the detective's evidence while he was being questioned by

0:15:48.880 --> 0:15:52.000
<v Speaker 1>Colin Mandy from the defense. It's voiced by actors, and

0:15:52.040 --> 0:15:55.440
<v Speaker 1>it also includes, as well as the bank records, questions

0:15:55.480 --> 0:15:57.280
<v Speaker 1>around particular phone numbers.

0:15:58.080 --> 0:16:01.680
<v Speaker 4>You knew that Aaron Patterson was utilizing the phone number

0:16:02.280 --> 0:16:06.000
<v Speaker 4>ending in seven eighty three prior to the execution of

0:16:06.120 --> 0:16:06.880
<v Speaker 4>the search warrant.

0:16:06.960 --> 0:16:07.880
<v Speaker 3>Yes, that is correct.

0:16:08.200 --> 0:16:10.280
<v Speaker 4>And you knew that she'd been in the Mount Waverley

0:16:10.400 --> 0:16:13.720
<v Speaker 4>area in April of twenty twenty three, Yes, sir. And

0:16:13.760 --> 0:16:15.840
<v Speaker 4>you didn't ask her about that the last of those

0:16:15.880 --> 0:16:18.560
<v Speaker 4>things in the record of the interview. Yeah, the Mount

0:16:18.560 --> 0:16:20.880
<v Speaker 4>Waverley the fact that she'd been spending time there in

0:16:20.920 --> 0:16:22.080
<v Speaker 4>April of twenty twenty three.

0:16:22.360 --> 0:16:22.960
<v Speaker 3>No.

0:16:22.960 --> 0:16:24.920
<v Speaker 4>No, And you didn't ask her about the fact of

0:16:25.000 --> 0:16:27.160
<v Speaker 4>the seven eight three mobile number in the record of

0:16:27.200 --> 0:16:27.920
<v Speaker 4>the interview. No.

0:16:28.080 --> 0:16:30.240
<v Speaker 3>I asked her for her phone number in the record

0:16:30.240 --> 0:16:32.840
<v Speaker 3>of interview, and I didn't realize that she hadn't given

0:16:32.920 --> 0:16:35.280
<v Speaker 3>me that number. I just wrote it down and just

0:16:35.360 --> 0:16:36.120
<v Speaker 3>moved past it.

0:16:36.320 --> 0:16:39.040
<v Speaker 4>Okay, but she gave you the phone number of the phone.

0:16:38.760 --> 0:16:41.000
<v Speaker 3>That she she gave me an eight three five number.

0:16:40.800 --> 0:16:42.640
<v Speaker 4>Sir, Did she surrender to the police earlier?

0:16:42.760 --> 0:16:45.400
<v Speaker 3>Yeah? Correct, Yeah, I just wrote it down and didn't

0:16:45.400 --> 0:16:47.160
<v Speaker 3>give it any more thought until later on.

0:16:47.480 --> 0:16:50.640
<v Speaker 1>Now, the jury was also shown again a number of

0:16:50.680 --> 0:16:54.040
<v Speaker 1>Facebook messages and a number of signal messages or text

0:16:54.040 --> 0:16:56.160
<v Speaker 1>messages that will go through in a moment as part

0:16:56.160 --> 0:16:58.760
<v Speaker 1>of the cross examination of the detective. Some of the

0:16:58.800 --> 0:17:01.320
<v Speaker 1>Facebook messages that were they were part of an exhibit

0:17:01.360 --> 0:17:03.400
<v Speaker 1>that has already been shown to the jury what's been

0:17:03.440 --> 0:17:07.199
<v Speaker 1>called the online Friends' Facebook chat with a number of

0:17:07.240 --> 0:17:10.760
<v Speaker 1>different women as well as who the defense said today

0:17:10.920 --> 0:17:13.639
<v Speaker 1>was Aaron Patterson also sending these sort of replies to

0:17:13.680 --> 0:17:16.800
<v Speaker 1>these messages. But today what was shown was a number

0:17:16.800 --> 0:17:20.000
<v Speaker 1>of other pages between essentially the messages that have already

0:17:20.000 --> 0:17:21.960
<v Speaker 1>been shown to the jury. And it was mentioned by

0:17:22.320 --> 0:17:25.040
<v Speaker 1>Colin man dysc that there was around one hundred and

0:17:25.119 --> 0:17:28.960
<v Speaker 1>eighty six pages of these messages that spanned this time

0:17:29.040 --> 0:17:31.480
<v Speaker 1>frame that the other messages sort of have come from

0:17:31.480 --> 0:17:32.640
<v Speaker 1>that the jury's already seen.

0:17:32.640 --> 0:17:34.720
<v Speaker 2>And yeah, he said there was context. He wanted to

0:17:34.840 --> 0:17:37.800
<v Speaker 2>He was saying to the informant that, yes, you've selected

0:17:37.800 --> 0:17:39.720
<v Speaker 2>a few of these messages and you've told these to

0:17:39.760 --> 0:17:41.520
<v Speaker 2>the jury, you've read these to the juries part of

0:17:41.560 --> 0:17:45.119
<v Speaker 2>the prosecution case. But I want you jury explained to

0:17:45.160 --> 0:17:46.879
<v Speaker 2>you that there's more context here, and I want to

0:17:46.880 --> 0:17:49.480
<v Speaker 2>put to you, as the lead investigator, that you haven't

0:17:49.480 --> 0:17:51.320
<v Speaker 2>included all of the messages in the evidence that the

0:17:51.400 --> 0:17:54.640
<v Speaker 2>jury's heard thus far. And here there's other women one

0:17:54.720 --> 0:17:58.240
<v Speaker 2>name redacted, one was another woman who have replied, and

0:17:58.280 --> 0:18:00.680
<v Speaker 2>then a lot of Eron's messages then follow those.

0:18:00.520 --> 0:18:02.640
<v Speaker 1>Replies, and as we said, some of those are messages

0:18:02.680 --> 0:18:04.919
<v Speaker 1>that the jury has already seen and you may have

0:18:05.240 --> 0:18:08.359
<v Speaker 1>heard in our previous episodes where this was sort of

0:18:08.400 --> 0:18:11.880
<v Speaker 1>first covered with the prosecution, But those messages were all

0:18:11.920 --> 0:18:17.160
<v Speaker 1>sort of centering around how Erin was feeling and sort

0:18:17.200 --> 0:18:20.800
<v Speaker 1>of coping at the time with Simon and with his family,

0:18:21.119 --> 0:18:25.760
<v Speaker 1>especially regarding issues around the children and financial issues. And

0:18:25.280 --> 0:18:28.160
<v Speaker 1>what was read to the jury today by Colin Mandy

0:18:28.200 --> 0:18:30.720
<v Speaker 1>while he was doing this cross examination with the detective

0:18:30.840 --> 0:18:33.400
<v Speaker 1>was a number of these different messages and we'll let

0:18:33.400 --> 0:18:34.600
<v Speaker 1>you hear a little bit of that now.

0:18:34.680 --> 0:18:36.919
<v Speaker 4>It's voiced by actors. Now, I'm not going to go

0:18:36.960 --> 0:18:39.439
<v Speaker 4>through every one of these messages unless someone wants me to,

0:18:40.000 --> 0:18:41.520
<v Speaker 4>but I am going to give you some examples of

0:18:41.520 --> 0:18:45.720
<v Speaker 4>the context. So the first message that's extracted by the

0:18:45.760 --> 0:18:49.400
<v Speaker 4>prosecution is the third one on that page. So Simon's

0:18:49.480 --> 0:18:52.160
<v Speaker 4>dad contacted me this morning, et cetera, et cetera, Yes, sir,

0:18:52.280 --> 0:18:54.800
<v Speaker 4>And then the following messages have been left out by

0:18:54.840 --> 0:18:58.600
<v Speaker 4>the prosecution's exhibit, which is the discussion that flows from

0:18:58.680 --> 0:19:03.160
<v Speaker 4>these propositions. A friend says, what morons at the time

0:19:03.240 --> 0:19:05.640
<v Speaker 4>ten twenty three thirty six? Is that right? Yes, sir,

0:19:05.880 --> 0:19:08.960
<v Speaker 4>Scroll down a bit, and then the same woman says

0:19:09.000 --> 0:19:13.359
<v Speaker 4>shortly after that, anyway, you weren't asking them to adjudicate.

0:19:14.080 --> 0:19:16.639
<v Speaker 4>You just wanted them to hear your story. And then

0:19:16.680 --> 0:19:18.360
<v Speaker 4>she says something else that I won't read out.

0:19:18.560 --> 0:19:18.800
<v Speaker 3>Yep.

0:19:19.320 --> 0:19:22.400
<v Speaker 4>Then comes Erin's response, which is I said to him

0:19:22.400 --> 0:19:26.120
<v Speaker 4>about fifty times yesterday that I didn't want them to adjudicate.

0:19:26.560 --> 0:19:29.400
<v Speaker 4>Nobody bloody listens to me. At least I know they're

0:19:29.400 --> 0:19:32.800
<v Speaker 4>a lost cause. Yes, So, just using that as an example,

0:19:33.359 --> 0:19:37.160
<v Speaker 4>the adjudicating proposition is part of the context of the conversation.

0:19:37.280 --> 0:19:40.560
<v Speaker 4>Do you accept that so the word the use of adjudicate.

0:19:40.880 --> 0:19:42.879
<v Speaker 3>Yes, yeah, yes.

0:19:43.800 --> 0:19:47.119
<v Speaker 4>Then someone asks a question, so you haven't heard from Simon,

0:19:48.000 --> 0:19:52.119
<v Speaker 4>inviting a response yes, And then there is a response yes,

0:19:52.840 --> 0:19:57.159
<v Speaker 4>all right. If we go down now page three, someone

0:19:57.200 --> 0:20:01.639
<v Speaker 4>says it's pathetic, Yes, sir. Someone says, even if he

0:20:01.720 --> 0:20:04.240
<v Speaker 4>doesn't want to talk about your marriage, they could at

0:20:04.320 --> 0:20:08.159
<v Speaker 4>least demand to know how he's financially supporting the kids. Yes,

0:20:08.480 --> 0:20:10.879
<v Speaker 4>And then comes the response which is in that context,

0:20:11.000 --> 0:20:14.080
<v Speaker 4>yes sir, yes, thank you. I should make clear your honor,

0:20:14.080 --> 0:20:16.640
<v Speaker 4>that we have redacted names from this document where it's

0:20:16.680 --> 0:20:19.479
<v Speaker 4>not miss Patterson, because sometimes the content of what's being

0:20:19.560 --> 0:20:23.000
<v Speaker 4>said is sensitive, so we have redacted personal information in

0:20:23.040 --> 0:20:23.440
<v Speaker 4>that way.

0:20:23.760 --> 0:20:26.080
<v Speaker 1>Now, some of these messages also weren't read out. They

0:20:26.080 --> 0:20:27.960
<v Speaker 1>were you could see them on the screen, and the

0:20:28.040 --> 0:20:30.719
<v Speaker 1>jury has a copy of the messages on their iPads

0:20:30.760 --> 0:20:33.080
<v Speaker 1>as well. But some of them, particularly when Colin Mandy

0:20:33.119 --> 0:20:34.840
<v Speaker 1>sort of got to them, he said, oh, I won't

0:20:34.840 --> 0:20:37.240
<v Speaker 1>read that one out, And one of them was so

0:20:37.240 --> 0:20:39.800
<v Speaker 1>Simon is meant to pray for his children because he's

0:20:39.840 --> 0:20:42.480
<v Speaker 1>a shit dad. It makes no sense that was sent

0:20:42.600 --> 0:20:45.680
<v Speaker 1>by someone said to be a friend of Aaron Patterson

0:20:45.720 --> 0:20:48.439
<v Speaker 1>in that particular group chat. So it was something that

0:20:48.480 --> 0:20:52.480
<v Speaker 1>Colin Mandy put to the informant that these discussions around

0:20:52.560 --> 0:20:57.840
<v Speaker 1>different personal issues, but also discussions around pets, around celebrities,

0:20:57.880 --> 0:21:00.120
<v Speaker 1>around deaths that have been reported in the news.

0:21:00.200 --> 0:21:03.080
<v Speaker 2>Yeah, the death of Kirsty Ally was one that was mentioned. Penny.

0:21:03.240 --> 0:21:06.000
<v Speaker 1>It was put by the defense to the informant that

0:21:06.080 --> 0:21:09.480
<v Speaker 1>were these sort of random conversations around different topics but

0:21:09.560 --> 0:21:13.159
<v Speaker 1>also supporting around their own issues in their own lives.

0:21:13.240 --> 0:21:15.040
<v Speaker 1>Was that sort of what this chat was formed around?

0:21:15.040 --> 0:21:16.800
<v Speaker 1>And he agreed that yes, there were a lot of

0:21:16.800 --> 0:21:19.439
<v Speaker 1>these kind of topics covered. But then we're also shown

0:21:19.520 --> 0:21:22.639
<v Speaker 1>some more of these signal messages, which of signal is

0:21:22.680 --> 0:21:24.960
<v Speaker 1>something that's been mentioned a number of times throughout the trial,

0:21:25.000 --> 0:21:26.720
<v Speaker 1>but they're essentially text messages.

0:21:27.320 --> 0:21:30.040
<v Speaker 2>That's right. It was Don Patterson and Aaron Patterson's text

0:21:30.040 --> 0:21:33.040
<v Speaker 2>messages that were spoken about today. Now, these were sent

0:21:33.080 --> 0:21:35.560
<v Speaker 2>between the first and the fifteenth of January in twenty

0:21:35.600 --> 0:21:38.119
<v Speaker 2>twenty two, and it was here the jury were told

0:21:38.119 --> 0:21:41.320
<v Speaker 2>that they the pair discuss some of the accused woman's

0:21:41.320 --> 0:21:44.600
<v Speaker 2>ongoing health issues, and this included a saw back and

0:21:44.720 --> 0:21:47.760
<v Speaker 2>Don Patterson messaging the accused saying I hope and pray

0:21:47.760 --> 0:21:49.760
<v Speaker 2>that it gets better quickly, and you know, it's been

0:21:49.760 --> 0:21:52.680
<v Speaker 2>great to chat to the kids this morning. There was

0:21:52.760 --> 0:21:55.639
<v Speaker 2>replies that went back and forth where Aaron Patterson was

0:21:55.680 --> 0:21:57.760
<v Speaker 2>talking about the fact that she'd had a terrible day

0:21:58.280 --> 0:22:00.600
<v Speaker 2>and Donald continued to say, we'll keep praying for you,

0:22:00.760 --> 0:22:03.000
<v Speaker 2>or keep praying that he keeps you in good health.

0:22:03.400 --> 0:22:05.760
<v Speaker 2>Aaron then went on to respond that she tried pain

0:22:05.840 --> 0:22:10.080
<v Speaker 2>relief and eurofin and stupidly that had run out. And

0:22:10.080 --> 0:22:12.520
<v Speaker 2>then there was more messages about what was going on

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<v Speaker 2>in the global health pandemic at the time COVID nineteen.

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<v Speaker 2>We know that that also hit Lee and Gatha and

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<v Speaker 2>Karen Burrow because Aaron Patterson was explaining to Donald that

0:22:21.119 --> 0:22:23.159
<v Speaker 2>she knew that there was a number of cases in

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<v Speaker 2>that local community at a time.

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<v Speaker 1>And sort of saying be careful when you go out

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<v Speaker 1>and just to ensure that they sort of avoided those

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<v Speaker 1>COVID outbreaks. Will bring you more updates from the court

0:22:33.760 --> 0:22:37.480
<v Speaker 1>as the evidence is presented to the jury. Thank you

0:22:37.520 --> 0:22:40.320
<v Speaker 1>for listening to this episode of Say Grace. Please press

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<v Speaker 1>the follow button in your app to get our next

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<v Speaker 1>episodes as soon as we publish.

0:22:44.200 --> 0:22:46.359
<v Speaker 2>For more reporting, on the case. Check out the Age

0:22:46.400 --> 0:22:48.399
<v Speaker 2>of nine News in your browser or app store.

0:22:48.480 --> 0:22:50.800
<v Speaker 1>We'd like to acknowledge the traditional owners of the land

0:22:50.880 --> 0:22:53.760
<v Speaker 1>that this podcast was recorded on and wherever you're listening

0:22:53.760 --> 0:22:56.480
<v Speaker 1>to it Now. Say Grace is created and hosted by

0:22:56.520 --> 0:22:57.640
<v Speaker 1>me Penelope.

0:22:57.280 --> 0:22:58.920
<v Speaker 2>Lesh and me Aaron Pearson.

0:22:59.359 --> 0:23:01.600
<v Speaker 1>This podcast is produced by Genevevral