WEBVTT - 'Fifth deception'

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<v Speaker 1>Nine podcasts.

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<v Speaker 2>The ground prosecutor finishes her closing arguments, telling the jury

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<v Speaker 2>the accused killer engaged in multiple calculated deceptions, alleging she

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<v Speaker 2>persisted with telling lies even when the lunch guests were

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<v Speaker 2>gravely ill, and accusing her of trying to play the jury.

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<v Speaker 3>Victoria's mushroom mystery, the mushroom lunch that claimed three lives

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<v Speaker 3>an Australian family's meal is now the center of a

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<v Speaker 3>homicide investigation.

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<v Speaker 1>The bizarre tragedy now grabbing global headlines.

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<v Speaker 3>Aaron Patterson's alleged victims died after eating a family lunch

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<v Speaker 3>she'd serve them at her home.

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<v Speaker 1>I cannot think of another investigation that has generated this

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<v Speaker 1>level of media and public interest.

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<v Speaker 2>Four of the guests of that lunch were much loved

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<v Speaker 2>members of this church.

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<v Speaker 4>Only one will ever return.

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<v Speaker 1>People are feeling very heavy with having lost such wonderful people.

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<v Speaker 2>Today, Aaron Pattison remained here inside her home.

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<v Speaker 4>She's continued to plead her innocence in a court room

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<v Speaker 4>in Country Victoria.

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<v Speaker 2>Aaron Patterson is on trial accused of using death cat

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<v Speaker 2>mushrooms to kill She's pleaded not guilty to murdering three

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<v Speaker 2>of her former in laws and attempting to kill a

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<v Speaker 2>fourth the town's church pastor. It's up to the jurors

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<v Speaker 2>to decide what happened when Patterson's loved ones sat down

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<v Speaker 2>to eat. The prosecution has now finished the closing arguments

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<v Speaker 2>to the jury in this case, and initially Nnette Rogers

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<v Speaker 2>told the jurors there were four calculated deceptions that she'd

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<v Speaker 2>take them through. There was then a little surprise, an

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<v Speaker 2>extra bit that came, which you'll hear a little bit

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<v Speaker 2>later in this episode. But let's start off with what

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<v Speaker 2>happened when Nannette Rogers got to her feet to make

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<v Speaker 2>these final submissions.

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<v Speaker 3>Yeah, she got to court pretty early, rearing and ready

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<v Speaker 3>to go. As she took to her feet, she moved

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<v Speaker 3>the lef turn in front of her to face directly

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<v Speaker 3>to the jury, So she therefore had her back to

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<v Speaker 3>Aaron Patterson, who is now in the dock and was

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<v Speaker 3>facing directly to the jury. Penny, And at this point

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<v Speaker 3>I noticed that she opened a red bind of folder

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<v Speaker 3>and in it were pages and pages of printed notes

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<v Speaker 3>in paragraphs, which is how we've seen her bring her

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<v Speaker 3>notes to court throughout the whole trial. And she really

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<v Speaker 3>started off with a bang straight away telling the jury,

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<v Speaker 3>these are the four things that I'm going to take

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<v Speaker 3>you through in particular. But it was in that fifth

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<v Speaker 3>surprise element, Petty, that really had I guess everybody in

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<v Speaker 3>the court room, the jurors, members of the public, and

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<v Speaker 3>the media thinking, well, what's this. We thought that we're

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<v Speaker 3>only going to have four, but essentially there was a fifth.

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<v Speaker 2>Now, this closing has gone over multiple days, and we're

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<v Speaker 2>going to take you through in chronological order and the

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<v Speaker 2>topics that Nanette.

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<v Speaker 4>Rodgers took the jury through.

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<v Speaker 2>So to start off with, let's hear what she said

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<v Speaker 2>about these initial four calculated deceptions.

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<v Speaker 4>These are her words. It's voiced by an actor.

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<v Speaker 1>Members of the jury. The twenty ninth of July twenty

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<v Speaker 1>twenty three lunch was arranged by the accused. Each of

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<v Speaker 1>the guests were thereby her invitation. She alone chose what

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<v Speaker 1>to cook, obtained the ingredients, and prepared the meal. Despite

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<v Speaker 1>the recipe being for a single dish intended to be

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<v Speaker 1>cut into smaller serves, the accused made individual portions. That

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<v Speaker 1>choice to make individual portions allowed her complete control over

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<v Speaker 1>the ingredients in each individual parcel. It is a control

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<v Speaker 1>the prosecution says that she exercised with devastating effect. It

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<v Speaker 1>allowed her to give the appearance of sharing in the

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<v Speaker 1>same meal whilst ensuring that she did not consume a

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<v Speaker 1>beef Wellington parcel that she had laced with death cap mushrooms.

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<v Speaker 1>Each of the deliberately poisoned parcels was served and consumed

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<v Speaker 1>by only Header and Ian Wilkinson and Don and Gail Patterson.

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<v Speaker 1>What are the reasonable possibility he can explain why all

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<v Speaker 1>of the lunch guests became so gravely ill with death

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<v Speaker 1>cat mushroom poisoning, but that the accused did not. At

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<v Speaker 1>the heart of this case r four calculated deceptions made

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<v Speaker 1>by the accused.

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<v Speaker 2>Now, the first of these alleged four deceptions that make

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<v Speaker 2>up this case that Nanette Rogers sc took the jury

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<v Speaker 2>to is what the prosecution alleged is this cancer lie.

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<v Speaker 2>And they say the reason why Aaron Patterson held this

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<v Speaker 2>lunch in the first place and why she invited her

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<v Speaker 2>loved ones over to her home.

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<v Speaker 3>Yes, she said that the that Pattison's fake cancer diagnosis

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<v Speaker 3>really gave her lunch guests a reason to attend what

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<v Speaker 3>Annette Rogers says was otherwise a really unusual lunch and

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<v Speaker 3>she started explaining in her words that the accused painted

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<v Speaker 3>a picture of a gathering that wasn't just social. This

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<v Speaker 3>wasn't just a social catch up. It was a catch

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<v Speaker 3>up where the kids would be absent. And the prosecutor

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<v Speaker 3>said that that alone emphasized the serious nature of the

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<v Speaker 3>matter that the accused allegedly wanted to discuss.

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<v Speaker 4>And we'll hear.

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<v Speaker 2>Throughout the evidence as well as what we're talking about

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<v Speaker 2>a lot of references to different witnesses and their evidence.

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<v Speaker 2>That's how the prosecution is laying out their arguments. So

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<v Speaker 2>as part of this element and this sort of subtopic

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<v Speaker 2>that she was talking about with the jury, and Neette

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<v Speaker 2>Rodgers noted that the daughter of Aaron Patterson, who's given

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<v Speaker 2>evidence via the recorded video interview with police, had mentioned

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<v Speaker 2>that her mum wanted to discuss adult things, yes, just

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<v Speaker 2>with the adults at this lunch, and.

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<v Speaker 4>She said that the jury should really consider.

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<v Speaker 2>That and take on board that and some evidence from

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<v Speaker 2>other witnesses, including Simon Patterson and Ian Wilkinson, that this

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<v Speaker 2>was the purpose of the lunch, was to discuss something

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<v Speaker 2>just for adults and something quite serious, and in her

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<v Speaker 2>leaning towards this being something of a serious medical nature,

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<v Speaker 2>and she touched on Ian Wilkinson's evidence of this being

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<v Speaker 2>a life threatening diagnosis and a life threatening situation that

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<v Speaker 2>she'd found herself in.

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<v Speaker 3>Yeah. Rogers also reminded the jury that when Simon Patterson

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<v Speaker 3>declined to attend Penny, the accused expressed irritation at this

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<v Speaker 3>and telling him quote, I may not be able to

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<v Speaker 3>host a lunch like this again for some time. The

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<v Speaker 3>prosecution alleged that was sent in an attempt to change

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<v Speaker 3>Simon Patterson's mind and get him to attend.

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<v Speaker 2>Nannette Rodgers also spoke about in this part of her

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<v Speaker 2>closing address that it was the planting of a seed,

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<v Speaker 2>that there was a research that Aaron Patterson had conducted.

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<v Speaker 2>She said this was pre planned, but that in the texts,

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<v Speaker 2>particularly that the jury have been shown between Gail Patterson

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<v Speaker 2>and Aaron Patterson, that there was evidence, she says, of

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<v Speaker 2>this seed being planted of I'm getting a biopsy, yes,

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<v Speaker 2>algo biopsy, and then I'm going to get an MRI,

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<v Speaker 2>and that Gail had then written in her diary. As

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<v Speaker 2>the jury has been taken through on this particular date,

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<v Speaker 2>around a month before Aaron Saint Vincent's and the evidence

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<v Speaker 2>that they've been shown through medical appointments and things that

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<v Speaker 2>were conveyed to family to plant this seed that something

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<v Speaker 2>was really seriously wrong with her health.

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<v Speaker 3>Yeah, and then another part to that as well was

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<v Speaker 3>this making sure that the children weren't their penny. The

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<v Speaker 3>way that Ninette Rogers explained it to the jury today

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<v Speaker 3>was their case is that this was done to ensure

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<v Speaker 3>that they wouldn't be harmed, to ensure that there was

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<v Speaker 3>no way that they could eat this poisoned lunch. And

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<v Speaker 3>we heard a little bit more about the kids and

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<v Speaker 3>they what they said in their statements throughout the prosecution closings,

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<v Speaker 3>but essentially it was wrapped up and summarized this particular

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<v Speaker 3>chapter almost of the closings as being an elaborate lie.

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<v Speaker 1>You heard the evidence of Professor Andrew Burston, the intensive

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<v Speaker 1>care specialist who examined her medical records and found no

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<v Speaker 1>evidence that she had received a cancer diagnosis. And of

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<v Speaker 1>course here in court the accused agreed she had never

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<v Speaker 1>been diagnosed with cancer. You might be wondering why on

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<v Speaker 1>earth would she tell such a lie. Well, the prosecution

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<v Speaker 1>says that the accused never thought she would have to

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<v Speaker 1>account for this lie. She did not think her lunch

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<v Speaker 1>guests would live to reveal it. Her lie would die

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<v Speaker 1>with them.

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<v Speaker 2>Now, the next topic that the Crown prosecutor took the

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<v Speaker 2>jury to was the fact that the prosecution alleged Aaron

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<v Speaker 2>Patterson deliberately sawce deathcap mushrooms and that she then placed

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<v Speaker 2>them into this pre planned, organized special meal that she

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<v Speaker 2>wanted to have her family members come and eat with her.

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<v Speaker 3>Yeah, it's been referred to throughout the trial as the lunch,

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<v Speaker 3>but this was one of the ways that Nannette Rogers

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<v Speaker 3>described this particular alleged deception as well as being the

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<v Speaker 3>lunch and being the second deception. She was explaining to

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<v Speaker 3>the jury that it's the lethal doses of poison that

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<v Speaker 3>the prosecution say Patterson sought out and then disguise in

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<v Speaker 3>this beef Wellington that really made up this particular category.

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<v Speaker 3>And she started off by explaining to the jury that

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<v Speaker 3>it was Aaron Patterson who chose the meal, who chose

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<v Speaker 3>to serve this particular style of the meal that deviated

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<v Speaker 3>from the recipe book, and that she was solely in

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<v Speaker 3>charge of sourcing the ingredients as well. We have heard

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<v Speaker 3>earlier from the parts of the trial that Aaron Patterson

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<v Speaker 3>had said that she wanted to cook something special, something fancy.

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<v Speaker 3>But Rogers maintains that despite this, and despite getting on

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<v Speaker 3>the standard and saying this to the jury, that at

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<v Speaker 3>no point did Aaron Patterson tell her guest that wild

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<v Speaker 3>mushrooms would be in the meal, and that she really

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<v Speaker 3>didn't follow that recipe book the way that it was

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<v Speaker 3>explained to her.

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<v Speaker 2>In touching on that, the Crown prosecutor mentioned that Aaron Patterson,

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<v Speaker 2>she alleges, sought specifically out the individual stakes to make

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<v Speaker 2>individual portions of beef Wellington rather than the Logs style

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<v Speaker 2>larger piece of meat than the recipe tin eats recipe

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<v Speaker 2>actually called for, and she noted in her closing that

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<v Speaker 2>Aaron Patterson, she says, not only sought out that meat,

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<v Speaker 2>but so that she could create these individual parcels and

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<v Speaker 2>so that she could be certain that there would be

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<v Speaker 2>a parcel for her to eat, that the prosecution alleges,

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<v Speaker 2>wasn't poisoned and that's that so.

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<v Speaker 3>She got avoid poisoning herself.

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<v Speaker 2>To go a step further, they say the reason Aaron

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<v Speaker 2>Patterson was or the way they say Aaron Patterson was

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<v Speaker 2>ensuring she wouldn't eat that was with a different colored plate,

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<v Speaker 2>and to explain that, they went back to the evidence

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<v Speaker 2>of Ian Wilkinson. These are some of the words of

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<v Speaker 2>Nnette Rogers.

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<v Speaker 1>Sc Ian Wilkinson told you that the accused plated the

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<v Speaker 1>food by herself. He gave clear evidence of four matching

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<v Speaker 1>large gray dinner plates, not dark or light gray, but

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<v Speaker 1>a sort of middle gray color was his evidence. And

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<v Speaker 1>then a fifth smaller orangey tan colored plate. Under cross examination,

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<v Speaker 1>he conveyed no doubt about what he had seen. There

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<v Speaker 1>were four plates that the same, they were gray, and

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<v Speaker 1>there was one smaller, different colored plate. Ian Wilkinson was

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<v Speaker 1>a compelling witness who was able to recall a substantial

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<v Speaker 1>amount of detail about the lunch. You might recall him

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<v Speaker 1>describing the discussions at the house about a sick looking

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<v Speaker 1>tree and the accused pantry. He had a clear memory

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<v Speaker 1>of where everyone sat at the dining table during the lunch,

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<v Speaker 1>and you will remember the photo where he marked where

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<v Speaker 1>people were sitting at the dining table. He had a

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<v Speaker 1>clear memory of exactly what was served at the lunch.

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<v Speaker 1>The individual wholly encased pasty type beef wellington, mashed potato

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<v Speaker 1>and green beans. You will have no trouble in being

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<v Speaker 1>satisfied that he is a reliable witness, and you can

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<v Speaker 1>confidently accept what he told you about the details of

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<v Speaker 1>the lunch, including the four gray plates and the fifth

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<v Speaker 1>odd plate. Of course, as you have heard, Ian was

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<v Speaker 1>not the only person to know not the different plate.

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<v Speaker 1>Heather Wilkinson said to Simon Patterson on the Sunday morning

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<v Speaker 1>that she noticed Aaron served herself her food on a

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<v Speaker 1>colored plate which was different to the rest. This was

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<v Speaker 1>clearly something that's stuck in Heather's mind.

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<v Speaker 2>It was noteworthy the prosecutor put to the jury that

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<v Speaker 2>this website I Naturalist, then they've heard a lot about

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<v Speaker 2>She alleges that Aaron Patterson had the knowledge to use

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<v Speaker 2>that website, that she'd visited that website back in May

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<v Speaker 2>twenty twenty two, bit over a year before the lunch

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<v Speaker 2>was put to the jury. This evidence that they've seen

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<v Speaker 2>a number of times of the particular search for I

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<v Speaker 2>Naturalist and then the narrowing in on a map of

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<v Speaker 2>Victoria for deathcap mushroom sightings.

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<v Speaker 4>At the same time that there was a.

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<v Speaker 2>Search for the curran Borough Middle Pub and that purchase

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<v Speaker 2>that was made with Aaron Patterson's details for a family

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<v Speaker 2>dinner at that time.

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<v Speaker 4>The prosecutor really put to the jury.

0:12:55.480 --> 0:12:58.040
<v Speaker 2>That they should take on board this evidence as being

0:12:58.440 --> 0:13:01.560
<v Speaker 2>an example of Aaron Patterson, they say, being able to

0:13:01.679 --> 0:13:04.280
<v Speaker 2>use that website, using that website to look for death

0:13:04.280 --> 0:13:07.600
<v Speaker 2>cat mushrooms at that particular occasion, and they said that

0:13:07.679 --> 0:13:11.920
<v Speaker 2>she also had the knowledge to blitz these mushrooms up,

0:13:12.440 --> 0:13:16.800
<v Speaker 2>as heard through the evidence of her estranged husband, Simon Patterson,

0:13:16.880 --> 0:13:19.480
<v Speaker 2>in a conversation they had at the hospital with their

0:13:19.559 --> 0:13:23.239
<v Speaker 2>children of how she had hidden mushrooms before in muffins

0:13:23.559 --> 0:13:27.439
<v Speaker 2>for their daughter to taste test. Nanette Rogers sc referred

0:13:27.480 --> 0:13:30.520
<v Speaker 2>to that as being a knowledge base for Aaron Patterson

0:13:30.600 --> 0:13:33.000
<v Speaker 2>and an example of her blitzing up mushrooms before, and

0:13:33.040 --> 0:13:35.640
<v Speaker 2>that this was something she knew how to do well

0:13:35.720 --> 0:13:36.360
<v Speaker 2>at this time.

0:13:37.080 --> 0:13:39.520
<v Speaker 3>Yeah, and then she explained a little bit further about

0:13:39.600 --> 0:13:42.400
<v Speaker 3>the fact that any suggestion that wild mushrooms were added

0:13:42.440 --> 0:13:46.840
<v Speaker 3>accidentally should should be rejected, not only for the reasons

0:13:46.840 --> 0:13:48.640
<v Speaker 3>that you just said, Penny, but also that we heard

0:13:48.640 --> 0:13:51.680
<v Speaker 3>from this expert witness, Tom May and he'd said that

0:13:51.760 --> 0:13:54.920
<v Speaker 3>he'd dried death cat mushrooms in the past as part

0:13:54.960 --> 0:13:58.720
<v Speaker 3>of his job, and he recalled them smelling very, very unpleasant,

0:13:59.120 --> 0:14:03.120
<v Speaker 3>and that was unlikely then that somebody would put something

0:14:03.160 --> 0:14:06.560
<v Speaker 3>that smelt really, really unpleasant deliberately into a meal that

0:14:06.640 --> 0:14:10.000
<v Speaker 3>was supposed to be special In connecting these dots here

0:14:10.040 --> 0:14:12.600
<v Speaker 3>as she was doing today, that's when she spoke a

0:14:12.600 --> 0:14:15.280
<v Speaker 3>little bit more about the fact that because they would

0:14:15.280 --> 0:14:18.559
<v Speaker 3>have smelt very unpleasant, it's a prosecution's case that it's

0:14:18.640 --> 0:14:21.600
<v Speaker 3>unlikely that deathcat mushrooms would have then just been chopped up.

0:14:21.840 --> 0:14:23.840
<v Speaker 3>They would have had to have been blitzed into a

0:14:23.920 --> 0:14:27.040
<v Speaker 3>powder to be then hidden into the food. And this

0:14:27.080 --> 0:14:29.600
<v Speaker 3>is something the accused had told her online friends as

0:14:29.640 --> 0:14:32.320
<v Speaker 3>well that she'd done before, as she mentioned with the

0:14:32.400 --> 0:14:36.760
<v Speaker 3>muffins as well, that experimentation and it was another type

0:14:36.760 --> 0:14:40.880
<v Speaker 3>of experimentation as well that Nanette Rogers put to the

0:14:40.960 --> 0:14:44.200
<v Speaker 3>jury was part of this particular deception, and that was

0:14:44.240 --> 0:14:48.160
<v Speaker 3>within days of purchasing a food dehydrator we know happened

0:14:48.160 --> 0:14:53.080
<v Speaker 3>in April twenty twenty three. The prosecution say that Patterson

0:14:53.160 --> 0:14:55.760
<v Speaker 3>undertook a test run with button mushrooms and then took

0:14:55.800 --> 0:14:58.320
<v Speaker 3>photographs with the device and then sent them to her

0:14:58.360 --> 0:15:01.920
<v Speaker 3>online friends. Test run it was another part of that

0:15:02.040 --> 0:15:06.600
<v Speaker 3>experimentation that the prosecution allege happened before deathcap mushrooms were

0:15:06.640 --> 0:15:10.200
<v Speaker 3>actually picked forage and then put into the dehydrator before

0:15:10.240 --> 0:15:10.960
<v Speaker 3>going into the meal.

0:15:11.240 --> 0:15:13.960
<v Speaker 2>Now, the third point that the prosecution took the jury

0:15:14.000 --> 0:15:17.320
<v Speaker 2>through as part of these closing arguments sort of subheadings,

0:15:17.520 --> 0:15:20.600
<v Speaker 2>was that they say Aaron Patterson was attempting to make

0:15:20.640 --> 0:15:24.640
<v Speaker 2>herself look sick so that medical professionals and other people

0:15:24.720 --> 0:15:28.000
<v Speaker 2>would think she had ingested the deathcap mushrooms, because they

0:15:28.040 --> 0:15:30.480
<v Speaker 2>allege if she wasn't seen to be sick like her

0:15:30.520 --> 0:15:32.440
<v Speaker 2>lunch guests, that would be suspicious.

0:15:32.800 --> 0:15:36.600
<v Speaker 3>Yeah, the prosecution maintained that Aaron Patterson wasn't sick, and

0:15:36.640 --> 0:15:40.000
<v Speaker 3>so these attempts to make it look so were to

0:15:40.040 --> 0:15:41.800
<v Speaker 3>try and cover her tracks a little bit or to

0:15:41.880 --> 0:15:46.440
<v Speaker 3>disguise her crimes. Is the way that the prosecution explained it.

0:15:46.520 --> 0:15:49.760
<v Speaker 3>And as part of this third deception, the prosecution said

0:15:49.760 --> 0:15:52.160
<v Speaker 3>the accused of different accounts of when she became sick

0:15:52.200 --> 0:15:55.920
<v Speaker 3>to different people. There was lots of different ways the

0:15:55.960 --> 0:16:00.120
<v Speaker 3>prosecution alleged the evidence contradicted itself, and there was a

0:16:00.200 --> 0:16:02.720
<v Speaker 3>lot of back and forth about these different things. But yeah,

0:16:02.760 --> 0:16:06.160
<v Speaker 3>one of those elements of this being unwow was when

0:16:06.360 --> 0:16:09.880
<v Speaker 3>was she sick? How sick was she before she even

0:16:09.920 --> 0:16:11.160
<v Speaker 3>made it to the hospital.

0:16:11.480 --> 0:16:13.880
<v Speaker 2>And one of those points that the prosecution went back

0:16:13.920 --> 0:16:15.720
<v Speaker 2>to a number of times, as you said, was that

0:16:15.800 --> 0:16:21.120
<v Speaker 2>Aaron Patterson, their prosecution alleged, through Simon Patterson's evidence, initially

0:16:21.200 --> 0:16:24.480
<v Speaker 2>told him that she'd become ill about this four four

0:16:24.560 --> 0:16:26.840
<v Speaker 2>thirty time on the Saturday afternoon. Now that's about an

0:16:26.880 --> 0:16:28.720
<v Speaker 2>hour and an hour and a half since the gun

0:16:28.800 --> 0:16:32.000
<v Speaker 2>lunch guests left her home. The other lunch guests all

0:16:32.080 --> 0:16:35.360
<v Speaker 2>became ill sort of after eleven thirty around midnight one

0:16:35.400 --> 0:16:38.360
<v Speaker 2>am following that lunch, and the jury was told some

0:16:38.560 --> 0:16:40.680
<v Speaker 2>evidence that had come through one of the doctors at

0:16:40.680 --> 0:16:43.640
<v Speaker 2>one of the hospitals that this was an initial flag

0:16:43.880 --> 0:16:46.160
<v Speaker 2>for some of these medical professionals, that this may have

0:16:46.200 --> 0:16:49.480
<v Speaker 2>been a mushroom poisoning incident rather than regular food poisoning,

0:16:49.480 --> 0:16:52.600
<v Speaker 2>because the prosecution says in the evidence that the jury

0:16:52.720 --> 0:16:56.440
<v Speaker 2>has heard from these witnesses, usually food poisoning sets in

0:16:56.480 --> 0:16:59.720
<v Speaker 2>within a couple of hours, which it appeared with what

0:17:00.080 --> 0:17:02.440
<v Speaker 2>Patterson was talking about with her symptoms, that they were

0:17:02.520 --> 0:17:05.560
<v Speaker 2>relatively soon to having eaten the meal, but that it

0:17:05.680 --> 0:17:08.520
<v Speaker 2>was these lunch guests who became gravely ill and three

0:17:08.560 --> 0:17:12.919
<v Speaker 2>of whom lost their lives. Actually, they had become sicker

0:17:13.119 --> 0:17:16.760
<v Speaker 2>much later in terms of the onset of their particular symptoms.

0:17:17.040 --> 0:17:19.199
<v Speaker 3>Two to three hours for the onset of sort of

0:17:19.200 --> 0:17:22.640
<v Speaker 3>gas stro or food poisoning related symptoms, but twelve hours

0:17:23.000 --> 0:17:26.439
<v Speaker 3>typically round about four deathcat mushroom poisoning. And it was

0:17:26.480 --> 0:17:30.159
<v Speaker 3>the on call toxicologist at the dating On hospital. The

0:17:30.240 --> 0:17:32.880
<v Speaker 3>jury were reminded today that was the one that put

0:17:32.880 --> 0:17:36.639
<v Speaker 3>those pieces together, along with the doctor who was working

0:17:36.680 --> 0:17:38.480
<v Speaker 3>at lean at the hospital. The two of them had

0:17:38.640 --> 0:17:42.000
<v Speaker 3>a foreign conversation and that's when deathcat mushroom poisoning was

0:17:42.080 --> 0:17:46.080
<v Speaker 3>really put on their radar for the first time. But

0:17:46.119 --> 0:17:49.960
<v Speaker 3>we also then heard a little bit about what happened

0:17:50.160 --> 0:17:53.120
<v Speaker 3>the day after the lunch Penny and the prosecution was saying,

0:17:53.119 --> 0:17:56.080
<v Speaker 3>this is another example of why Aaron Pattison couldn't have

0:17:56.119 --> 0:17:58.879
<v Speaker 3>been as ill as she was telling health officials and

0:17:59.119 --> 0:18:02.080
<v Speaker 3>friends and family she really was, and that was a

0:18:02.119 --> 0:18:05.679
<v Speaker 3>long two hour round trip. We heard that she was

0:18:05.680 --> 0:18:08.280
<v Speaker 3>taking her son to a flying lessons in tai Ab,

0:18:09.160 --> 0:18:11.359
<v Speaker 3>but it was at this time she also had told

0:18:11.520 --> 0:18:14.520
<v Speaker 3>later on a health Department official that she had explosive diary.

0:18:14.680 --> 0:18:18.000
<v Speaker 3>During this time, Sonette Rodgers was explaining to the jury

0:18:18.040 --> 0:18:21.160
<v Speaker 3>that there was these different versions of events happening. Could

0:18:21.200 --> 0:18:25.919
<v Speaker 3>somebody with explosive diary driver to our around trip and

0:18:25.960 --> 0:18:29.040
<v Speaker 3>not have an accident, and that these were the different

0:18:29.040 --> 0:18:31.960
<v Speaker 3>pieces of evidence that we'd heard over the last month

0:18:32.080 --> 0:18:34.920
<v Speaker 3>or so that Nenette Rogers was really putting together and

0:18:35.000 --> 0:18:37.960
<v Speaker 3>trying to convince the jury why they should side with

0:18:37.960 --> 0:18:39.240
<v Speaker 3>the prosecution in this case.

0:18:39.640 --> 0:18:41.880
<v Speaker 2>And as some of this, what the prosecution was also

0:18:41.920 --> 0:18:44.040
<v Speaker 2>touching on was the Saturday night trip in taking the

0:18:44.080 --> 0:18:47.240
<v Speaker 2>friend's son home after the lunch that Aaron Patterson had

0:18:47.240 --> 0:18:50.159
<v Speaker 2>told Simon Patterson and other people that she had taken

0:18:50.520 --> 0:18:53.880
<v Speaker 2>this boy home at around seven seven thirty, that she'd

0:18:53.920 --> 0:18:56.760
<v Speaker 2>then taken her son to subway, And the prosecution was

0:18:56.800 --> 0:18:58.919
<v Speaker 2>putting to the jury why would she have made that

0:18:59.040 --> 0:19:02.119
<v Speaker 2>stop when she'd also told other witnesses that at that

0:19:02.160 --> 0:19:05.520
<v Speaker 2>point she was really worried that she wasn't really well

0:19:05.640 --> 0:19:08.640
<v Speaker 2>enough and she wouldn't really make it through other sort

0:19:08.640 --> 0:19:10.840
<v Speaker 2>of trips without an accident. Why is that she was

0:19:10.880 --> 0:19:13.720
<v Speaker 2>then stopping to get a takeaway meal? But the jury

0:19:13.800 --> 0:19:16.720
<v Speaker 2>was then taken to another day after the lunch, being

0:19:16.720 --> 0:19:19.440
<v Speaker 2>the Monday, the thirty first, the day Aaron Patterson first

0:19:19.480 --> 0:19:22.160
<v Speaker 2>presented at the Lee and Gatha Hospital, and they were

0:19:22.200 --> 0:19:26.760
<v Speaker 2>told that when she first presented that she seemed, on

0:19:26.800 --> 0:19:31.520
<v Speaker 2>the prosecution's allegation, reluctant to have treatment, but reluctant even

0:19:31.560 --> 0:19:32.080
<v Speaker 2>to come.

0:19:31.960 --> 0:19:32.879
<v Speaker 4>Into the hospital.

0:19:32.880 --> 0:19:35.000
<v Speaker 2>That the prosecution put to the jury that it was

0:19:35.080 --> 0:19:37.560
<v Speaker 2>this point when she arrived that it was put to

0:19:37.600 --> 0:19:39.920
<v Speaker 2>her that there might be mushroom poisoning. That that was

0:19:39.960 --> 0:19:44.000
<v Speaker 2>the first time she, they alleged, realized that there was

0:19:44.040 --> 0:19:46.480
<v Speaker 2>a concern about deathcat mushroom poisoning and that there was

0:19:46.520 --> 0:19:49.119
<v Speaker 2>a concern that perhaps she may have something to do

0:19:49.200 --> 0:19:51.320
<v Speaker 2>with that, and that's why the prosecution alleged that she

0:19:51.400 --> 0:19:52.280
<v Speaker 2>left the hospital at.

0:19:52.240 --> 0:19:53.639
<v Speaker 3>That time and for almost two hours.

0:19:53.680 --> 0:19:55.720
<v Speaker 2>Penny, Yeah, they say that that one hour and thirty

0:19:55.720 --> 0:19:57.760
<v Speaker 2>eight minutes that she left for that she had done

0:19:57.840 --> 0:20:01.160
<v Speaker 2>that because she realized what the doctors and nurses were

0:20:01.160 --> 0:20:03.240
<v Speaker 2>thinking and therefore didn't want to be in that place.

0:20:03.280 --> 0:20:06.560
<v Speaker 2>So the prosecutor touched on some evidence from some of

0:20:06.560 --> 0:20:09.240
<v Speaker 2>the nurses, one who said that she couldn't get Aaron

0:20:09.280 --> 0:20:12.520
<v Speaker 2>Patterson to come in and initially get her observations taken properly.

0:20:12.640 --> 0:20:16.120
<v Speaker 2>She'd said that it was to prepare things for her children.

0:20:16.200 --> 0:20:18.280
<v Speaker 2>She'd said it was to prepare things for her animals.

0:20:18.440 --> 0:20:20.520
<v Speaker 2>She'd also said that it was to pack her daughter's

0:20:20.520 --> 0:20:23.200
<v Speaker 2>ballet bag. But it was touched on quite a bit

0:20:23.240 --> 0:20:26.560
<v Speaker 2>by the prosecutor that she'd also said to her estranged husband,

0:20:26.560 --> 0:20:29.480
<v Speaker 2>Simon Patterson, on his evidence that when she went to

0:20:29.560 --> 0:20:32.600
<v Speaker 2>her home at land Gatha, that she'd laid down on

0:20:32.680 --> 0:20:35.199
<v Speaker 2>the floor for around forty five minutes and fallen asleep,

0:20:35.240 --> 0:20:37.360
<v Speaker 2>and the prosecutor put to the jury that even if

0:20:37.359 --> 0:20:40.600
<v Speaker 2>that was the case, the prosecutor says that she feels

0:20:40.640 --> 0:20:42.679
<v Speaker 2>that's an unlikely thing for someone to do in this

0:20:42.760 --> 0:20:45.280
<v Speaker 2>situation when they knew other people were sick in hospital

0:20:45.320 --> 0:20:48.679
<v Speaker 2>and they themselves had these symptoms, but that even if

0:20:48.720 --> 0:20:51.320
<v Speaker 2>she did lay down for forty five minutes, that doesn't

0:20:51.359 --> 0:20:54.800
<v Speaker 2>account for the entire space of time. And that's when

0:20:55.080 --> 0:20:57.680
<v Speaker 2>the prosecutor also said to the jury that they had

0:20:57.720 --> 0:21:02.760
<v Speaker 2>seen CCTV some security footage of Aaron Patterson leaving that hospital,

0:21:02.760 --> 0:21:05.000
<v Speaker 2>and she put to the jury that there was nothing

0:21:05.040 --> 0:21:07.600
<v Speaker 2>to indicate that she was weak or unable to walk

0:21:07.600 --> 0:21:09.919
<v Speaker 2>in that particular footage that she'd driven away from the

0:21:09.920 --> 0:21:12.840
<v Speaker 2>hospital and eventually after that hour and thirty eight minutes

0:21:12.840 --> 0:21:13.800
<v Speaker 2>she drove herself back.

0:21:14.000 --> 0:21:16.160
<v Speaker 3>Yeah, and Nnette Rogers took quite a bit of time

0:21:16.680 --> 0:21:19.560
<v Speaker 3>comparing who said what at one point as well explaining

0:21:19.560 --> 0:21:21.200
<v Speaker 3>to the jury that it was this witness that said

0:21:21.240 --> 0:21:24.000
<v Speaker 3>this in contradiction to what the accused were saying, and

0:21:24.000 --> 0:21:26.360
<v Speaker 3>that at this point this other witness had said this

0:21:27.119 --> 0:21:31.199
<v Speaker 3>really painting a picture of the prosecution case in fine detail.

0:21:31.880 --> 0:21:33.040
<v Speaker 4>And she also spoke.

0:21:32.840 --> 0:21:35.280
<v Speaker 2>About as part of that what Aaron Patterson was doing

0:21:35.359 --> 0:21:38.399
<v Speaker 2>at different times compared to her lunch guests who were growing,

0:21:38.440 --> 0:21:40.879
<v Speaker 2>as the prosecution says, sicker and sicker.

0:21:40.960 --> 0:21:42.879
<v Speaker 4>Here's some more of the words as the jury heard it.

0:21:43.160 --> 0:21:46.399
<v Speaker 1>Nurse Miriam Sespond did one on one nursing care for

0:21:46.440 --> 0:21:50.400
<v Speaker 1>Heather Wilkinson, while another nurse did the same one on

0:21:50.400 --> 0:21:53.639
<v Speaker 1>one care for Ian. This is the same morning that

0:21:53.680 --> 0:21:56.520
<v Speaker 1>the accused drove her to children to the bus stop

0:21:56.600 --> 0:22:00.400
<v Speaker 1>and then drove herself to hospital on that say, day

0:22:00.440 --> 0:22:03.919
<v Speaker 1>thirty one July. By the time Ian and Heather Wilkinson

0:22:04.119 --> 0:22:08.240
<v Speaker 1>were also transferred to Dandenong Hospital. Ian was reported to

0:22:08.280 --> 0:22:13.120
<v Speaker 1>be extremely nauseated and constantly vomiting. That was the evidence

0:22:13.240 --> 0:22:17.679
<v Speaker 1>of doctor Mark Douglas. This is around the time that

0:22:17.720 --> 0:22:21.879
<v Speaker 1>the accused had discharged herself from lean Gatha Hospital and

0:22:21.960 --> 0:22:25.639
<v Speaker 1>drove home. She said to pack her daughter's ballet bag.

0:22:26.280 --> 0:22:29.399
<v Speaker 1>You saw for yourselves how she appeared on the CCTV

0:22:29.560 --> 0:22:33.879
<v Speaker 1>shortly after eight five am as she was discharging herself

0:22:34.080 --> 0:22:38.960
<v Speaker 1>from Leanngatha Hospital. Don and Gale Patterson were both transferred

0:22:39.000 --> 0:22:43.000
<v Speaker 1>to the Austin Hospital on thirty one July. At two

0:22:43.160 --> 0:22:47.240
<v Speaker 1>thirty pm that day, Don Patterson was critically ill and

0:22:47.359 --> 0:22:51.840
<v Speaker 1>in multiple organ failure. He was on life support ventilation

0:22:52.080 --> 0:22:56.600
<v Speaker 1>with a tube down his windpipe. At this time, the

0:22:56.680 --> 0:23:00.760
<v Speaker 1>accused was being transported by ambulance to Modash Medical Center

0:23:01.080 --> 0:23:05.600
<v Speaker 1>and was calm and chatty. By August first, twenty twenty three,

0:23:05.800 --> 0:23:08.320
<v Speaker 1>all four of the lunch guests had been conveyed to

0:23:08.359 --> 0:23:12.480
<v Speaker 1>the Austin Hospital ICEE you on life support and in

0:23:12.520 --> 0:23:16.879
<v Speaker 1>an advanced state of multiple organ failure with their organs

0:23:17.000 --> 0:23:21.320
<v Speaker 1>essentially shutting down. Gail Patterson was in an advanced state

0:23:21.400 --> 0:23:25.760
<v Speaker 1>of shock. That was the evidence of Professor Warrillo. This

0:23:25.920 --> 0:23:29.080
<v Speaker 1>is the day the accused was discharged home from the

0:23:29.119 --> 0:23:33.879
<v Speaker 1>Modash Medical Center with no clinical or biochemical evidence of

0:23:33.920 --> 0:23:39.119
<v Speaker 1>Amanita mushroom poisoning or any other toxic substance, and no

0:23:39.520 --> 0:23:40.520
<v Speaker 1>liver damage.

0:23:40.840 --> 0:23:43.200
<v Speaker 4>Here's more of what the prosecutor went on to say.

0:23:43.600 --> 0:23:48.520
<v Speaker 1>It is inexplicable about why four of five people who

0:23:48.640 --> 0:23:53.399
<v Speaker 1>ostensibly ate the same meal fell fatally ill and only

0:23:53.440 --> 0:23:57.040
<v Speaker 1>one person, the person who prepared the meal, did not.

0:23:57.480 --> 0:23:59.879
<v Speaker 2>We'll be back after this with more of the prosecution

0:24:00.119 --> 0:24:06.320
<v Speaker 2>closing arguments. The fourth deception topic allegation Penny that the

0:24:06.400 --> 0:24:09.639
<v Speaker 2>jury were taken through was the sustained cover up, a

0:24:09.720 --> 0:24:13.200
<v Speaker 2>sustained cover up to conceal what the prosecution alleged really

0:24:13.440 --> 0:24:16.359
<v Speaker 2>was the truth at that time, and this included lying

0:24:16.400 --> 0:24:19.639
<v Speaker 2>about feeding her children leftovers, lying about the source of

0:24:19.680 --> 0:24:23.680
<v Speaker 2>the mushrooms, disposing of the food dehydrator, and then allegedly

0:24:23.720 --> 0:24:27.400
<v Speaker 2>deliberately concealing her usual mobile phone from police. These were

0:24:27.119 --> 0:24:32.040
<v Speaker 2>the elements that the prosecutions say make up this last deception,

0:24:32.160 --> 0:24:35.000
<v Speaker 2>this sustained cover up. Yes, so sort of dot points

0:24:35.080 --> 0:24:39.600
<v Speaker 2>or subheadings within subheadings that and Nannette Rodgers she really

0:24:39.640 --> 0:24:42.320
<v Speaker 2>signposted these for the jury, and then she went through

0:24:42.359 --> 0:24:44.280
<v Speaker 2>them in detail, and we'll try and do that for

0:24:44.320 --> 0:24:47.080
<v Speaker 2>you now as well. So beginning with feeding her the

0:24:47.160 --> 0:24:50.880
<v Speaker 2>leftovers to the children. Now, the prosecution alleged Aaron Patterson

0:24:50.960 --> 0:24:54.120
<v Speaker 2>never fed leftovers from the lunch to the children, that

0:24:54.240 --> 0:24:57.440
<v Speaker 2>what she fed to the children was something else entirely

0:24:57.560 --> 0:25:00.760
<v Speaker 2>that night, despite the fact that they've given evidence that

0:25:00.800 --> 0:25:03.439
<v Speaker 2>it was the leftovers from the lunch. And what the

0:25:03.480 --> 0:25:06.800
<v Speaker 2>Crown prosecutor pointed to as part of this was some

0:25:06.880 --> 0:25:09.800
<v Speaker 2>of the different things that Aaron Patterson had said or

0:25:09.840 --> 0:25:12.400
<v Speaker 2>had said to her by different witnesses at different times,

0:25:12.600 --> 0:25:14.800
<v Speaker 2>and what they say was her reluctance to have her

0:25:14.920 --> 0:25:17.320
<v Speaker 2>children initially medically assessed.

0:25:17.760 --> 0:25:21.000
<v Speaker 3>Yeah, this was one of the first lies that the

0:25:21.040 --> 0:25:24.879
<v Speaker 3>prosecution say Aaron Patterson told as part of this whole case,

0:25:24.960 --> 0:25:28.199
<v Speaker 3>and that was that her children had been fed some

0:25:28.240 --> 0:25:31.840
<v Speaker 3>of the leftovers. Now, the prosecution agree that the children

0:25:31.880 --> 0:25:33.680
<v Speaker 3>did eat steak and that they would have eaten mashed

0:25:33.680 --> 0:25:35.840
<v Speaker 3>potato and beans, which is the evidence that we've heard

0:25:35.920 --> 0:25:38.600
<v Speaker 3>during this trial. But they maintained it certainly wasn't the

0:25:38.640 --> 0:25:41.560
<v Speaker 3>steak that had been cooked in the mushroom paste and

0:25:41.600 --> 0:25:44.560
<v Speaker 3>with the pastry over it the day before, and there

0:25:44.600 --> 0:25:47.280
<v Speaker 3>was a number of different reasons. She said that was

0:25:47.320 --> 0:25:49.480
<v Speaker 3>the case and why they should be able to satisfy

0:25:49.560 --> 0:25:54.080
<v Speaker 3>the jury beyond reasonable doubt. That this particular part was satisfied,

0:25:54.119 --> 0:25:56.720
<v Speaker 3>and that was because when remnants of the lunch ended

0:25:56.800 --> 0:25:59.879
<v Speaker 3>up with scientists, she was explaining that even they were

0:26:00.359 --> 0:26:03.480
<v Speaker 3>struggling to separate the mushroom paste from the meat in

0:26:03.520 --> 0:26:06.879
<v Speaker 3>their testing. The prosecution's cases, it would make absolutely no

0:26:07.040 --> 0:26:10.600
<v Speaker 3>sense for a mother to feed her child something that

0:26:10.640 --> 0:26:13.040
<v Speaker 3>she could have believed could have made the lunch guest sick.

0:26:13.080 --> 0:26:15.760
<v Speaker 3>And when she fed her children this meal on the

0:26:15.800 --> 0:26:20.200
<v Speaker 3>Sunday night, Penny, we know at that point Aaron Patterson

0:26:20.240 --> 0:26:22.360
<v Speaker 3>already knew that a number of the lunch.

0:26:22.240 --> 0:26:23.240
<v Speaker 4>Guests had got sick.

0:26:23.440 --> 0:26:25.720
<v Speaker 3>And it's the prosecution case that there is no way

0:26:25.840 --> 0:26:29.800
<v Speaker 3>that a mother would feed their beloved children anything that

0:26:29.800 --> 0:26:31.280
<v Speaker 3>could potentially make them sick.

0:26:31.520 --> 0:26:34.000
<v Speaker 2>Let's hear a little bit of that scientific evidence, as

0:26:34.000 --> 0:26:36.360
<v Speaker 2>Annette Rodgers sc put it to the jury.

0:26:36.440 --> 0:26:37.680
<v Speaker 4>This is voiced by an actor.

0:26:38.280 --> 0:26:41.199
<v Speaker 1>The accused attempted to explain why the children would not

0:26:41.280 --> 0:26:45.240
<v Speaker 1>be sick despite eating the leftovers by repeatedly stating that

0:26:45.320 --> 0:26:48.720
<v Speaker 1>she'd scraped the mushrooms off their serves because they didn't

0:26:48.800 --> 0:26:54.200
<v Speaker 1>like mushrooms. However, the scientific evidence in this case strongly

0:26:54.240 --> 0:26:58.120
<v Speaker 1>suggests that simply scraping the mushroom paste away would not

0:26:58.240 --> 0:27:02.560
<v Speaker 1>have been enough to prevent the children from ingesting amatoxins

0:27:02.840 --> 0:27:06.280
<v Speaker 1>had they also eaten the leftover beef Wellington. You might

0:27:06.320 --> 0:27:10.240
<v Speaker 1>remember mister Mandy Cross examining doctor Jeris de Mulus about

0:27:10.320 --> 0:27:14.280
<v Speaker 1>the leftover meat sample and how tiny pieces of mushroom

0:27:14.520 --> 0:27:17.280
<v Speaker 1>or mushroom paste were still stuck to it inside the

0:27:17.320 --> 0:27:21.480
<v Speaker 1>small glass vials. Mister Mandy may argue that the toxins

0:27:21.480 --> 0:27:24.840
<v Speaker 1>did not really penetrate the meat. The meat sample was

0:27:24.880 --> 0:27:28.880
<v Speaker 1>simply unable to be separated from the poisonous mushroom paste,

0:27:29.080 --> 0:27:33.160
<v Speaker 1>and that is why the specimen tested positive for beta amaneton.

0:27:33.920 --> 0:27:37.160
<v Speaker 1>Maybe that is so, Maybe the toxin penetrated the meat,

0:27:37.320 --> 0:27:40.760
<v Speaker 1>or maybe the mushroom paste just could not be separated

0:27:41.000 --> 0:27:45.239
<v Speaker 1>so that the sample tested positive for beta amaneitan. But

0:27:45.280 --> 0:27:48.639
<v Speaker 1>it doesn't really matter. The result is the same. The

0:27:48.680 --> 0:27:52.720
<v Speaker 1>meat from that dish carried beta amaneitan in it. Even

0:27:52.920 --> 0:27:56.639
<v Speaker 1>when a forensic toxicologist tried to extract the meat portion

0:27:56.760 --> 0:28:00.720
<v Speaker 1>for analysis, it could not be entirely separated from the

0:28:00.840 --> 0:28:05.480
<v Speaker 1>mushroom paste. It is impossible, we suggest to you, that

0:28:05.560 --> 0:28:08.440
<v Speaker 1>the accused could have served up a piece of leftover

0:28:08.520 --> 0:28:12.440
<v Speaker 1>steak with all of the poisonous mushrooms or mushroom paste removed.

0:28:12.840 --> 0:28:15.879
<v Speaker 1>Not even a forensic toxicologist managed to do that in

0:28:15.920 --> 0:28:16.760
<v Speaker 1>an laboratory.

0:28:17.160 --> 0:28:19.800
<v Speaker 2>So as you touched on before, then erin as well

0:28:19.840 --> 0:28:23.320
<v Speaker 2>as we've just heard in that evidence that prosecutions say

0:28:23.400 --> 0:28:27.200
<v Speaker 2>that physically Aaron Patterson could never have removed the toxins

0:28:27.240 --> 0:28:28.840
<v Speaker 2>from the meat if she was to feed it to

0:28:28.880 --> 0:28:31.919
<v Speaker 2>those children. There was a lot of what they were

0:28:31.920 --> 0:28:35.040
<v Speaker 2>putting to the jury, these words of the beloved children,

0:28:35.080 --> 0:28:37.400
<v Speaker 2>the doting mother, that they've heard a lot of evidence

0:28:37.440 --> 0:28:40.400
<v Speaker 2>that Aaron Patterson really was those things and that she

0:28:40.480 --> 0:28:43.160
<v Speaker 2>really did protect her children. And that's why they say

0:28:43.160 --> 0:28:45.840
<v Speaker 2>that they really wouldn't have been put in a situation

0:28:45.960 --> 0:28:48.720
<v Speaker 2>where they ate this meal, nor where they could have

0:28:48.840 --> 0:28:51.960
<v Speaker 2>possibly been at the particular lunch. But what they also

0:28:52.160 --> 0:28:55.120
<v Speaker 2>say the prosecution as part of this is that while

0:28:55.120 --> 0:28:58.720
<v Speaker 2>the leftover showed there was the toxin, they say that

0:28:58.760 --> 0:29:01.480
<v Speaker 2>this was from the sixth beatf Wellington, this beef Wellington

0:29:01.520 --> 0:29:04.080
<v Speaker 2>that ended up in the outside bin at Aaron Patterson's home,

0:29:04.120 --> 0:29:06.200
<v Speaker 2>and the Crown Prosecutor has put to the jury in

0:29:06.240 --> 0:29:10.200
<v Speaker 2>the closings that this sixth beef Wellington was on their case,

0:29:10.280 --> 0:29:13.240
<v Speaker 2>intended for Simon Patterson. That while he had texted to

0:29:13.280 --> 0:29:15.760
<v Speaker 2>say he wouldn't be attending to the meal, the last

0:29:15.800 --> 0:29:18.600
<v Speaker 2>words that he and Aaron Patterson had exchanged on text

0:29:18.680 --> 0:29:21.560
<v Speaker 2>before the lunch itself was her saying I hope to

0:29:21.600 --> 0:29:26.000
<v Speaker 2>see you there. And that the prosecution say these shows

0:29:26.080 --> 0:29:28.320
<v Speaker 2>that she had this meal prepared ready to go for

0:29:28.360 --> 0:29:31.360
<v Speaker 2>Simon Patterson, but that she'd got rid of that, put

0:29:31.360 --> 0:29:33.120
<v Speaker 2>it in the bin, and that's the leftovers that were

0:29:33.120 --> 0:29:36.720
<v Speaker 2>eventually tested. It's not the leftovers that the children were

0:29:36.760 --> 0:29:37.480
<v Speaker 2>actually eating.

0:29:37.960 --> 0:29:41.880
<v Speaker 3>Yeah, And the prosecution also said that it would, in

0:29:41.920 --> 0:29:45.760
<v Speaker 3>their mind more readily help people believe that this whole

0:29:45.920 --> 0:29:49.800
<v Speaker 3>ordeal was just a big shocking accident. If Aaron Patterson

0:29:49.840 --> 0:29:53.920
<v Speaker 3>had in fact fed this beef Wellington leftover to her children,

0:29:54.600 --> 0:29:57.480
<v Speaker 3>a lie helped cover her tracks. Is a quote I

0:29:57.520 --> 0:30:00.800
<v Speaker 3>remember from today. I looked at the jury as they

0:30:00.840 --> 0:30:05.120
<v Speaker 3>were being taken through this particular deception chapter and it

0:30:05.160 --> 0:30:07.680
<v Speaker 3>was quite lengthy and it was quite complicated, but they

0:30:07.720 --> 0:30:10.560
<v Speaker 3>seem to be following every single word. There wasn't a

0:30:10.600 --> 0:30:12.760
<v Speaker 3>lot of eyes darting around the room other than to

0:30:12.760 --> 0:30:15.680
<v Speaker 3>look at Aaron Patterson herself in the dock. It was

0:30:15.720 --> 0:30:19.360
<v Speaker 3>a jury who were all really fixed on Whatnette Rogers

0:30:19.440 --> 0:30:19.920
<v Speaker 3>was saying to.

0:30:19.880 --> 0:30:22.440
<v Speaker 2>Them, and Aaron Patterson, as we've mentioned, is back in

0:30:22.480 --> 0:30:24.200
<v Speaker 2>the dock. She's no longer in the witness box where

0:30:24.240 --> 0:30:26.080
<v Speaker 2>she was for quite a few days giving her evidence,

0:30:26.080 --> 0:30:29.640
<v Speaker 2>but she was sitting behind us erin and looking back

0:30:29.680 --> 0:30:32.120
<v Speaker 2>at her a couple of times. She was very much

0:30:32.160 --> 0:30:35.440
<v Speaker 2>watching Nenette Rogers sc as you mentioned, She's sort of

0:30:35.440 --> 0:30:38.280
<v Speaker 2>moved her positioning slightly so that she's very much presenting

0:30:38.360 --> 0:30:41.720
<v Speaker 2>to the jury and her back is entirely to the public,

0:30:41.840 --> 0:30:42.720
<v Speaker 2>to the media.

0:30:42.520 --> 0:30:44.720
<v Speaker 4>And to Aaron Patterson. And Aaron Patterson.

0:30:44.800 --> 0:30:48.640
<v Speaker 2>She was certainly watching with a lot of interest and

0:30:49.360 --> 0:30:51.880
<v Speaker 2>very much fixed on what the prosecutor was saying, with

0:30:51.920 --> 0:30:55.719
<v Speaker 2>her glasses sort of right down her nose and keeping

0:30:55.760 --> 0:30:59.360
<v Speaker 2>her direction of her gaze fixed right in that area

0:30:59.440 --> 0:31:01.240
<v Speaker 2>of the prout and the jury box.

0:31:01.280 --> 0:31:03.720
<v Speaker 3>She was also taking a lot of notes today, Penny.

0:31:03.720 --> 0:31:06.680
<v Speaker 3>I saw a blue pen in her right hand as

0:31:06.680 --> 0:31:09.840
<v Speaker 3>she was looking down her nose through her glasses. She

0:31:09.960 --> 0:31:14.000
<v Speaker 3>was frantically taking notes at some stage, other times pausing

0:31:14.840 --> 0:31:17.640
<v Speaker 3>to reflect on what the evidence was or reflecting on

0:31:17.680 --> 0:31:20.760
<v Speaker 3>what the prosecution had to say. And once again we

0:31:20.840 --> 0:31:23.600
<v Speaker 3>had a number of family members in court. There was

0:31:23.640 --> 0:31:28.040
<v Speaker 3>about ten members I counted from the Wilkinson and Patterson families.

0:31:28.040 --> 0:31:30.560
<v Speaker 3>Ian Wilkinson again was there seated in the back row,

0:31:31.000 --> 0:31:33.520
<v Speaker 3>seated today between one of his daughters and his son

0:31:33.560 --> 0:31:37.960
<v Speaker 3>in law. This was at a time, Penny where the

0:31:38.640 --> 0:31:41.560
<v Speaker 3>jury were really being reminded of what happened in those

0:31:41.600 --> 0:31:46.560
<v Speaker 3>final days as well, including to Ian Wilkinson himself, and

0:31:46.600 --> 0:31:49.040
<v Speaker 3>how their illnesses really got worse and worse over a

0:31:49.080 --> 0:31:53.080
<v Speaker 3>number of days. While Aaron Patterson was experiencing one thing,

0:31:53.360 --> 0:31:56.760
<v Speaker 3>these four lunch guests were going into organ failure and

0:31:56.800 --> 0:31:58.920
<v Speaker 3>there wasn't a lot of reaction from those in the

0:31:58.960 --> 0:32:02.080
<v Speaker 3>court room. I think every was really focused on what

0:32:02.160 --> 0:32:03.280
<v Speaker 3>Neette Rodgers had to say.

0:32:03.880 --> 0:32:06.880
<v Speaker 2>Yeah, and as part of what Nanette Rodgers was talking

0:32:06.880 --> 0:32:10.680
<v Speaker 2>about with this organ failure and the progressive decline of

0:32:10.760 --> 0:32:13.840
<v Speaker 2>the lunch guests, she spoke to the jury about that.

0:32:13.920 --> 0:32:17.200
<v Speaker 2>At the same time Aaron Patterson was being asked about

0:32:17.240 --> 0:32:20.440
<v Speaker 2>where these mushrooms had come from, and the prosecution allege

0:32:20.920 --> 0:32:23.840
<v Speaker 2>at this point she came up with, they say, another

0:32:23.880 --> 0:32:27.719
<v Speaker 2>elaborate lie regarding the source of the mushrooms and started

0:32:27.760 --> 0:32:30.000
<v Speaker 2>to tell people they'd come from an Asian grocer. But

0:32:30.120 --> 0:32:33.000
<v Speaker 2>the prosecution put to the jury that this story about

0:32:33.040 --> 0:32:35.800
<v Speaker 2>the Asian grosser and the details became broader over time

0:32:35.880 --> 0:32:36.800
<v Speaker 2>and more complex.

0:32:37.440 --> 0:32:40.640
<v Speaker 3>Yeah, she said that on their case, Aaron Patterson sat

0:32:40.680 --> 0:32:43.960
<v Speaker 3>on her hands as her loved ones were growing more

0:32:44.000 --> 0:32:47.000
<v Speaker 3>and more unwell, and she really sent the Department of

0:32:47.040 --> 0:32:50.080
<v Speaker 3>Health and also the City of Monash on a wild

0:32:50.160 --> 0:32:53.080
<v Speaker 3>goose chase to find what they say was a fictional

0:32:53.120 --> 0:32:55.800
<v Speaker 3>Asian grocer store. With something we've heard a lot about

0:32:55.840 --> 0:32:58.680
<v Speaker 3>in this trial and was again mentioned today at length,

0:32:59.000 --> 0:33:02.120
<v Speaker 3>was whether or Aaron Patterson somebody who used to work

0:33:02.160 --> 0:33:04.600
<v Speaker 3>and used to live in this particular part of Melbourne

0:33:04.600 --> 0:33:08.040
<v Speaker 3>many many many years earlier, would have known the areas

0:33:08.080 --> 0:33:09.960
<v Speaker 3>and would have known the suburbs. And as you said,

0:33:10.760 --> 0:33:14.120
<v Speaker 3>this lie, the prosecution say, grew bigger and bigger as

0:33:14.160 --> 0:33:17.560
<v Speaker 3>time went on, and more suburbs they say, were added in.

0:33:18.000 --> 0:33:23.080
<v Speaker 3>More broad descriptions of things then followed, and they say

0:33:23.120 --> 0:33:25.600
<v Speaker 3>this was all not as somebody who was panicking, but

0:33:25.720 --> 0:33:28.440
<v Speaker 3>somebody who was caught in their own lives. Yeah.

0:33:28.480 --> 0:33:30.680
<v Speaker 2>And the one of the words that Nnette Rodgers used

0:33:30.720 --> 0:33:32.720
<v Speaker 2>that really stuck out for me was she called it

0:33:32.800 --> 0:33:34.880
<v Speaker 2>a frolic. She said that they had been sent on

0:33:34.920 --> 0:33:38.040
<v Speaker 2>a frolic the Health Department. And then she also went

0:33:38.120 --> 0:33:41.280
<v Speaker 2>through how the Monash Health investigators were also involved in

0:33:41.360 --> 0:33:44.160
<v Speaker 2>this foot on the ground search going through all of

0:33:44.200 --> 0:33:47.880
<v Speaker 2>these different local businesses looking for any source of mushrooms.

0:33:48.040 --> 0:33:50.680
<v Speaker 2>The three hundred and forty photos that were taken by

0:33:50.760 --> 0:33:53.760
<v Speaker 2>that environmental officer and sent to the Department of Health

0:33:53.800 --> 0:33:56.440
<v Speaker 2>because there was this major concern that as well as

0:33:56.440 --> 0:33:59.240
<v Speaker 2>this one family was really unwell in hospital, that there

0:33:59.280 --> 0:34:01.240
<v Speaker 2>could be a big part public health emergency. At the

0:34:01.280 --> 0:34:04.840
<v Speaker 2>same time, Nannette Rodgers, as part of the closings and

0:34:04.880 --> 0:34:07.680
<v Speaker 2>this part of her address, she took the jury through

0:34:07.720 --> 0:34:12.040
<v Speaker 2>eleven times. The prosecution allege between when Aaron Patterson first

0:34:12.080 --> 0:34:15.320
<v Speaker 2>spoke with doctor Chris Webster on the thirty first of July,

0:34:15.480 --> 0:34:18.879
<v Speaker 2>that Monday that she first presented at Leanngatha Hospital, through

0:34:19.040 --> 0:34:22.000
<v Speaker 2>to a couple of days after the lunch on the

0:34:22.040 --> 0:34:25.000
<v Speaker 2>second of August, when she was visited by a Child

0:34:25.000 --> 0:34:28.279
<v Speaker 2>Protection worker and she had a speakerphone conversation with a

0:34:28.280 --> 0:34:29.480
<v Speaker 2>public health official.

0:34:29.840 --> 0:34:31.080
<v Speaker 4>The prosecution says.

0:34:30.840 --> 0:34:33.880
<v Speaker 2>There's eleven times there and they signposted them there to

0:34:33.920 --> 0:34:36.799
<v Speaker 2>the jury of the things Aaron Patterson said and they

0:34:36.840 --> 0:34:40.879
<v Speaker 2>say didn't say regarding where these particular mushrooms came from,

0:34:40.920 --> 0:34:44.080
<v Speaker 2>beginning with that first doctor saying that the mushrooms, they

0:34:44.160 --> 0:34:46.440
<v Speaker 2>say on the evidence of him, and with what the

0:34:46.480 --> 0:34:50.120
<v Speaker 2>prosecution alleged that she just replied Woolli's and that despite

0:34:50.280 --> 0:34:53.280
<v Speaker 2>the defense saying that she had said, he had asked

0:34:53.360 --> 0:34:56.480
<v Speaker 2>where the ingredients came from, the prosecution said that the

0:34:56.560 --> 0:34:59.400
<v Speaker 2>jury should consider that he asked where the mushrooms had

0:34:59.440 --> 0:35:02.040
<v Speaker 2>come from, and that that doctor, doctor Chris Webster, was

0:35:02.120 --> 0:35:04.680
<v Speaker 2>very much focused on mushrooms at the time, not on

0:35:04.719 --> 0:35:05.880
<v Speaker 2>the ingredients.

0:35:05.480 --> 0:35:06.080
<v Speaker 4>As a whole.

0:35:06.520 --> 0:35:09.480
<v Speaker 2>All the way through to these different suburbs and the

0:35:09.560 --> 0:35:13.560
<v Speaker 2>different descriptions that they say Aaron Patterson gave these particular

0:35:13.719 --> 0:35:17.000
<v Speaker 2>public health officials and investigators. But what they also touched

0:35:17.080 --> 0:35:21.280
<v Speaker 2>on was the prosecution say that it was Aaron Patterson

0:35:21.719 --> 0:35:26.360
<v Speaker 2>not always responding or not always being forthcoming with information

0:35:26.640 --> 0:35:28.920
<v Speaker 2>that the jury should also look at here that towards

0:35:28.920 --> 0:35:31.800
<v Speaker 2>the end of Sally Ann Atkinson needing to get information

0:35:31.840 --> 0:35:34.560
<v Speaker 2>from her. In those later days, Aaron Patterson wasn't always

0:35:34.800 --> 0:35:37.200
<v Speaker 2>returning her calls or her voicemail messages.

0:35:37.320 --> 0:35:41.160
<v Speaker 3>At other times text messages were responded to, but they

0:35:41.160 --> 0:35:43.680
<v Speaker 3>didn't answer the questions of Sally Ane Atkinson from the

0:35:43.680 --> 0:35:46.640
<v Speaker 3>Department of Health was asking, now we do know this

0:35:46.760 --> 0:35:49.920
<v Speaker 3>time Aaron Patterson gave evidence and the jury were reminded

0:35:49.920 --> 0:35:52.200
<v Speaker 3>of this today that in one of the messages she

0:35:52.280 --> 0:35:54.400
<v Speaker 3>did right back, well, I'm a bit busy, I'm dealing

0:35:54.400 --> 0:35:56.359
<v Speaker 3>with my children. I've got a bit of my plate

0:35:56.400 --> 0:35:59.279
<v Speaker 3>at the moment, essentially, but that it was some of

0:35:59.280 --> 0:36:02.520
<v Speaker 3>those other phone calls that followed that she was so

0:36:02.880 --> 0:36:05.440
<v Speaker 3>difficult to get hold of. And this is something as well.

0:36:05.680 --> 0:36:09.239
<v Speaker 3>The jury reminded that was the complete opposite to what

0:36:09.280 --> 0:36:12.040
<v Speaker 3>Aaron Patterson said in her police interview. She told police

0:36:12.080 --> 0:36:14.520
<v Speaker 3>that she was very, very helpful with the Department of Health,

0:36:14.800 --> 0:36:17.960
<v Speaker 3>where Asnette Rodgers said that really wasn't the case.

0:36:18.280 --> 0:36:20.760
<v Speaker 2>Here's a little bit of what Nenette Rogers told the jury.

0:36:20.800 --> 0:36:21.840
<v Speaker 2>It's voiced by an actor.

0:36:22.239 --> 0:36:24.560
<v Speaker 1>Even if you could accept it is something you might

0:36:24.600 --> 0:36:27.279
<v Speaker 1>not remember. You would think that if you were in

0:36:27.320 --> 0:36:30.720
<v Speaker 1>a situation like this, for the sake of your very

0:36:30.840 --> 0:36:34.640
<v Speaker 1>ill family members, and for anyone else who might be exposed,

0:36:35.040 --> 0:36:38.360
<v Speaker 1>you would do everything you could to try and remember

0:36:38.400 --> 0:36:42.600
<v Speaker 1>the store. But the accused sat on her hands while Don,

0:36:42.840 --> 0:36:47.160
<v Speaker 1>gail Ian and Heather were all in comas. She was

0:36:47.200 --> 0:36:50.680
<v Speaker 1>slow to respond to the Department of Health, even totally

0:36:50.800 --> 0:36:54.800
<v Speaker 1>non responsive at times, and as time passed, her description

0:36:54.960 --> 0:36:59.560
<v Speaker 1>of the Chinese food store shifted and grew broader. You

0:37:00.120 --> 0:37:02.920
<v Speaker 1>noticed that when the accused was giving the evidence that

0:37:02.960 --> 0:37:07.760
<v Speaker 1>she appeared to have a remarkable memory. She could recall dates, evidence,

0:37:07.840 --> 0:37:11.040
<v Speaker 1>and details easily, as she was being asked questions over

0:37:11.120 --> 0:37:15.600
<v Speaker 1>many days. Even now in June twenty twenty five, she

0:37:15.680 --> 0:37:19.360
<v Speaker 1>could recall that April twenty eighth, twenty twenty three was

0:37:19.400 --> 0:37:22.520
<v Speaker 1>a Friday and not a Monday, as I had suggested

0:37:22.520 --> 0:37:27.080
<v Speaker 1>to her in cross examination. Yet in August twenty twenty three,

0:37:27.360 --> 0:37:29.680
<v Speaker 1>she could not recall the shop or even the suburb

0:37:29.920 --> 0:37:33.640
<v Speaker 1>where she purchased the mushrooms from an Asian grosser in

0:37:33.680 --> 0:37:37.960
<v Speaker 1>the same April of twenty twenty three. It's simply beggar's belief.

0:37:39.120 --> 0:37:42.600
<v Speaker 1>How were the mushrooms packaged? Not only did the locations

0:37:42.640 --> 0:37:47.200
<v Speaker 1>of the supposed Asian grosser spread across more and more suburbs.

0:37:47.600 --> 0:37:50.960
<v Speaker 1>The story about the mushrooms from the Asian Grosser also

0:37:51.040 --> 0:37:56.040
<v Speaker 1>became more complex when professionals asked the accused about the packaging,

0:37:56.360 --> 0:37:58.920
<v Speaker 1>She said she didn't have it, then came up with

0:37:59.000 --> 0:38:02.320
<v Speaker 1>an elaborate ex explanation for why that would be the case,

0:38:02.719 --> 0:38:05.160
<v Speaker 1>given that she had only prepared the meal a few

0:38:05.200 --> 0:38:05.960
<v Speaker 1>days earlier.

0:38:06.719 --> 0:38:09.880
<v Speaker 2>Now, another point that Nanette Rodgers sc has taken the

0:38:09.960 --> 0:38:13.320
<v Speaker 2>jury too in part of her closings were the claims

0:38:13.360 --> 0:38:17.600
<v Speaker 2>around that Aaron Patterson says she read hydrated the Asian

0:38:17.680 --> 0:38:21.879
<v Speaker 2>grosser mushrooms and added them into this particular meal. Now,

0:38:22.200 --> 0:38:25.040
<v Speaker 2>she went back to some of Aaron Patterson's evidence that

0:38:25.120 --> 0:38:27.600
<v Speaker 2>she said while she was on the stand that she'd

0:38:27.680 --> 0:38:30.320
<v Speaker 2>noticed how crisp things were when they came out of

0:38:30.360 --> 0:38:33.879
<v Speaker 2>her dehydrator, and she felt these particular Asian mushrooms, which

0:38:33.960 --> 0:38:37.040
<v Speaker 2>previously the jury had heard evidence from other witnesses that

0:38:37.120 --> 0:38:39.920
<v Speaker 2>she'd told them, smelt a bit funny or a little

0:38:39.920 --> 0:38:42.200
<v Speaker 2>bit strange, and that's why she hadn't included them in

0:38:42.280 --> 0:38:44.839
<v Speaker 2>other foods at the time. That she felt that those

0:38:44.920 --> 0:38:47.200
<v Speaker 2>mushrooms were a bit rubbery in the tupper where she'd

0:38:47.200 --> 0:38:49.600
<v Speaker 2>put them in, so at some point she couldn't remember

0:38:49.600 --> 0:38:51.799
<v Speaker 2>exactly when, but she'd taken them out, she'd popped them

0:38:51.840 --> 0:38:54.840
<v Speaker 2>into the dehydrator and that was to crisp them up.

0:38:54.920 --> 0:38:57.960
<v Speaker 2>And what Nanette Rogers told the jury was that in

0:38:58.040 --> 0:39:02.920
<v Speaker 2>telling the taught this in her evidence that she was

0:39:02.960 --> 0:39:06.279
<v Speaker 2>telling a ridiculous lie. That was Nnette Roger's words, that

0:39:06.320 --> 0:39:09.480
<v Speaker 2>she was trying to show that there could still be

0:39:09.719 --> 0:39:13.280
<v Speaker 2>some contamination with the Asian grosser mushrooms. But that really

0:39:13.320 --> 0:39:16.880
<v Speaker 2>all along, Aaron Patterson knew. The prosecution alleges that she

0:39:17.080 --> 0:39:20.879
<v Speaker 2>had dehydrated deathcat mushrooms in her own sun Beam dehydrator,

0:39:20.960 --> 0:39:23.480
<v Speaker 2>and they suggest that she bought that dehydrator for the

0:39:23.560 --> 0:39:25.800
<v Speaker 2>exact purpose of dehydrating those mushrooms.

0:39:25.960 --> 0:39:28.719
<v Speaker 3>Yeah, Rogers said that it wouldn't make sense to purchase

0:39:29.000 --> 0:39:32.640
<v Speaker 3>dried mushrooms to then rehydrate them, to put them in

0:39:32.680 --> 0:39:37.320
<v Speaker 3>this meal, to then chop them up to then redry

0:39:37.400 --> 0:39:41.000
<v Speaker 3>them again. And that was at a point where there

0:39:41.040 --> 0:39:42.600
<v Speaker 3>was a few of us are a little bit confused

0:39:43.320 --> 0:39:45.600
<v Speaker 3>trying to make sense of this. But the way she

0:39:45.640 --> 0:39:48.480
<v Speaker 3>broke it down was, yes, Aaron Patterson's evidence was, when

0:39:48.520 --> 0:39:52.319
<v Speaker 3>I took these mushrooms out of the pantry, I rehydrated

0:39:52.320 --> 0:39:54.239
<v Speaker 3>them with a little bit of water, I chopped them up,

0:39:54.360 --> 0:39:56.759
<v Speaker 3>and then I added them to the meal. But why

0:39:56.840 --> 0:39:59.760
<v Speaker 3>and then and how has remnants of death cat mushrooms

0:39:59.800 --> 0:40:03.239
<v Speaker 3>then made their way onto the dehydrator. So and Nette

0:40:03.280 --> 0:40:06.560
<v Speaker 3>Rogers was saying essentially that that is another lie, it

0:40:06.600 --> 0:40:10.000
<v Speaker 3>doesn't make sense, and that Aaron Patterson did in fact

0:40:10.239 --> 0:40:14.640
<v Speaker 3>source dry and add mushrooms deathcat mushrooms to the meal.

0:40:14.960 --> 0:40:18.040
<v Speaker 2>It's a little bit more from what Nannette Rogers told

0:40:18.040 --> 0:40:20.799
<v Speaker 2>the jury regarding the dumping of the dehydrator.

0:40:20.960 --> 0:40:23.480
<v Speaker 1>The defense may argue that this was part of a

0:40:23.719 --> 0:40:27.480
<v Speaker 1>wild panic, that the accused did this because she was

0:40:27.520 --> 0:40:31.319
<v Speaker 1>worried she would be falsely accused of deliberately poisoning her

0:40:31.400 --> 0:40:36.800
<v Speaker 1>lunch guests. You should completely reject that position. Her story

0:40:36.880 --> 0:40:40.000
<v Speaker 1>about Simon accusing her in the hospital of using the

0:40:40.040 --> 0:40:43.960
<v Speaker 1>dehydrator and this sending her into a panic is nonsense.

0:40:44.600 --> 0:40:48.520
<v Speaker 1>Simon Patterson categorically denied to you ever saying such a

0:40:48.600 --> 0:40:51.920
<v Speaker 1>thing to the accused. You will use your common sense

0:40:51.960 --> 0:40:55.279
<v Speaker 1>when you're considering the evidence in this case, including this

0:40:55.400 --> 0:40:59.640
<v Speaker 1>piece of evidence. If there was nothing incriminating about the

0:40:59.680 --> 0:41:03.680
<v Speaker 1>deh hydrator, why hide it? And there is only one

0:41:03.880 --> 0:41:09.040
<v Speaker 1>reasonable explanation. She knew it would incriminate her. She knew

0:41:09.120 --> 0:41:13.600
<v Speaker 1>that she had dehydrated death cap mushrooms in that appliance

0:41:13.840 --> 0:41:17.720
<v Speaker 1>and that she had deliberately done so, and she knew

0:41:17.800 --> 0:41:21.080
<v Speaker 1>that keeping it was going to be far too risky.

0:41:21.520 --> 0:41:24.279
<v Speaker 3>Yeah, this dumping of the dehydrator, Rogers said, was one

0:41:24.280 --> 0:41:28.399
<v Speaker 3>of the first things that Aaron Patterson did as soon

0:41:28.400 --> 0:41:31.400
<v Speaker 3>as she was released from that Monash hospital. And she

0:41:31.480 --> 0:41:33.920
<v Speaker 3>then took the jury through a number of other things

0:41:33.920 --> 0:41:37.280
<v Speaker 3>that they say she did that prove she was covering

0:41:37.320 --> 0:41:40.319
<v Speaker 3>her tracks after she attempted to kill some of her

0:41:40.400 --> 0:41:43.239
<v Speaker 3>lunch guests. And this next thing that they say she

0:41:43.280 --> 0:41:46.320
<v Speaker 3>did was the dumping of what Nanette called the dummy phone.

0:41:46.400 --> 0:41:48.239
<v Speaker 3>We've heard during some of this evidence that there was

0:41:48.280 --> 0:41:51.200
<v Speaker 3>fhone A in phone B, but she really used different

0:41:51.280 --> 0:41:55.120
<v Speaker 3>terminology during her closings and explained that Aaron Patterson had

0:41:55.160 --> 0:41:57.319
<v Speaker 3>a usual phone and she had a dummy phone. And

0:41:57.400 --> 0:42:01.359
<v Speaker 3>their case is that Aaron Patterson handed police the dummy phone,

0:42:01.360 --> 0:42:03.120
<v Speaker 3>a phone that she knew that had been wiped and

0:42:03.120 --> 0:42:05.319
<v Speaker 3>then was later wiped again while it was in the

0:42:05.360 --> 0:42:08.800
<v Speaker 3>locker of the police informat and that she didn't actually

0:42:08.800 --> 0:42:12.480
<v Speaker 3>hand over her usual phone. Now, Neett Rodgers reminded the

0:42:12.560 --> 0:42:15.520
<v Speaker 3>jury that the defense case was this other phone, this

0:42:15.719 --> 0:42:18.040
<v Speaker 3>usual phone was just left on the window sill in

0:42:18.120 --> 0:42:21.120
<v Speaker 3>there in Patterson's house and police had missed it. And

0:42:21.600 --> 0:42:25.080
<v Speaker 3>Rogers really encouraged the jury to reject that suggestion and

0:42:25.120 --> 0:42:27.040
<v Speaker 3>said that the police had been there for four hours.

0:42:27.520 --> 0:42:30.920
<v Speaker 3>They're searching for all of the devices that they could find,

0:42:31.000 --> 0:42:32.960
<v Speaker 3>and it wouldn't make any sense for them to have

0:42:33.880 --> 0:42:37.160
<v Speaker 3>missed or looked over a phone that was now sitting

0:42:37.200 --> 0:42:39.040
<v Speaker 3>on a window sill in air in Patterson's house.

0:42:39.400 --> 0:42:41.960
<v Speaker 2>Yeah, and for the listeners that have been listening along

0:42:42.080 --> 0:42:45.200
<v Speaker 2>we have referred to in previous episodes, like the prosecution

0:42:45.800 --> 0:42:49.160
<v Speaker 2>and the defense have that what the prosecution now alleged

0:42:49.280 --> 0:42:52.239
<v Speaker 2>is a dummy phone, that is Phone B and the

0:42:52.560 --> 0:42:56.200
<v Speaker 2>phone A, that phone that police never recovered is what

0:42:56.360 --> 0:42:59.160
<v Speaker 2>Nenette Rodgers is referring to there as well.

0:42:59.520 --> 0:43:00.880
<v Speaker 4>Toward the end of.

0:43:00.920 --> 0:43:04.759
<v Speaker 2>Her final submission her closing arguments, Nanette Rodgers spoke a

0:43:04.760 --> 0:43:08.239
<v Speaker 2>lot about the relationships within the family and why she

0:43:08.480 --> 0:43:11.400
<v Speaker 2>says there may have been while there doesn't need to

0:43:11.440 --> 0:43:13.560
<v Speaker 2>be a motive in this particular case, but there may

0:43:13.600 --> 0:43:17.160
<v Speaker 2>have been some animosity in this particular family. And she

0:43:17.360 --> 0:43:20.960
<v Speaker 2>touched on what she says is evidence that these particular

0:43:21.000 --> 0:43:23.759
<v Speaker 2>relationships had changed over time and changed around the time

0:43:23.800 --> 0:43:24.320
<v Speaker 2>of the lunch.

0:43:24.480 --> 0:43:26.799
<v Speaker 3>She reminded the jury when she was speaking about this

0:43:26.920 --> 0:43:30.200
<v Speaker 3>that the prosecution doesn't need to prove a motive to

0:43:30.360 --> 0:43:32.880
<v Speaker 3>prove murder. It's not one of the full elements of

0:43:32.960 --> 0:43:36.080
<v Speaker 3>murder that a jury needs to be satisfied beyond reasonable

0:43:36.120 --> 0:43:40.040
<v Speaker 3>doubt that they have reached to find somebody guilty of murder.

0:43:40.400 --> 0:43:42.840
<v Speaker 3>But the way it was explained was that sometimes the

0:43:42.880 --> 0:43:45.600
<v Speaker 3>reasons are obvious as to why somebody might kill somebody,

0:43:45.600 --> 0:43:48.399
<v Speaker 3>in other times they're not. And so that was part

0:43:48.440 --> 0:43:51.279
<v Speaker 3>of the explanation about what was going on then with

0:43:51.320 --> 0:43:53.960
<v Speaker 3>the family at the time. And she noted that on

0:43:54.000 --> 0:43:56.759
<v Speaker 3>the surface, it may have seemed like the accused was

0:43:56.760 --> 0:44:00.839
<v Speaker 3>in this really loving family, this loving relationship, yes, but

0:44:00.880 --> 0:44:03.920
<v Speaker 3>perhaps the truth was that what was really going on

0:44:03.960 --> 0:44:06.719
<v Speaker 3>with Don and Gail Patterson and Aaron Patterson at that

0:44:06.840 --> 0:44:09.879
<v Speaker 3>time was that things weren't always really harmonious.

0:44:10.239 --> 0:44:12.640
<v Speaker 2>Hiss a little bit of what the jury was told

0:44:13.000 --> 0:44:16.520
<v Speaker 2>about the situation within the family at the time of

0:44:16.520 --> 0:44:17.000
<v Speaker 2>the lunch.

0:44:17.640 --> 0:44:20.759
<v Speaker 1>The accused professed her love for Don and Gail in

0:44:20.800 --> 0:44:24.160
<v Speaker 1>her police interview. Even Simon told you that they got

0:44:24.200 --> 0:44:27.640
<v Speaker 1>on well, that is, the accused and his parents, and

0:44:27.719 --> 0:44:31.320
<v Speaker 1>that the accused seemed to love his parents. On the surface,

0:44:31.600 --> 0:44:35.879
<v Speaker 1>perhaps it seemed that way even to the family members themselves,

0:44:36.800 --> 0:44:39.759
<v Speaker 1>but you have heard evidence which shows that the relationship

0:44:39.800 --> 0:44:43.480
<v Speaker 1>between the accused and Don and Gail was not always

0:44:43.600 --> 0:44:47.160
<v Speaker 1>a harmonious one, particularly in the nine months or so

0:44:47.280 --> 0:44:50.800
<v Speaker 1>leading up to the lunch. Don and Gail were dragged

0:44:50.920 --> 0:44:55.120
<v Speaker 1>unwillingly into the conflict between the accused and Simon over

0:44:55.239 --> 0:44:56.000
<v Speaker 1>child support.

0:44:56.239 --> 0:44:58.680
<v Speaker 3>And this is what Annette Rogers told the jury about motive.

0:44:59.120 --> 0:45:02.600
<v Speaker 1>Motive is not an element of the crime of murder

0:45:02.880 --> 0:45:06.120
<v Speaker 1>or the crime of attempted murder, and it is only

0:45:06.200 --> 0:45:09.800
<v Speaker 1>the elements of the offense that you must find proven

0:45:09.880 --> 0:45:14.560
<v Speaker 1>beyond reasonable doubt that makes sense. People do different things

0:45:14.600 --> 0:45:18.760
<v Speaker 1>for different reasons. Sometimes the reason is obvious enough to others.

0:45:19.480 --> 0:45:23.960
<v Speaker 1>At other times, the internal motivations are only known by

0:45:24.000 --> 0:45:27.560
<v Speaker 1>the person themselves. You don't have to know why a

0:45:27.600 --> 0:45:31.480
<v Speaker 1>person does something in order to know they did it.

0:45:32.320 --> 0:45:34.440
<v Speaker 2>Now, this is the part that we have alluded to

0:45:34.600 --> 0:45:37.920
<v Speaker 2>earlier in the episode that there was a surprise for

0:45:38.080 --> 0:45:40.640
<v Speaker 2>the jury, for us sitting in the courtroom as well

0:45:40.880 --> 0:45:43.160
<v Speaker 2>and the members of the public when it came to

0:45:43.239 --> 0:45:46.839
<v Speaker 2>the number of calculated deceptions that the prosecution alleged Aaron

0:45:46.840 --> 0:45:48.520
<v Speaker 2>Patterson took part in.

0:45:48.520 --> 0:45:50.640
<v Speaker 4>Initially, Annette Rodgers.

0:45:50.280 --> 0:45:53.200
<v Speaker 2>As you heard outlined in what she told the jury

0:45:53.239 --> 0:45:56.480
<v Speaker 2>earlier in this episode, said there were four calculated deceptions.

0:45:56.520 --> 0:45:59.360
<v Speaker 4>Then she said there was a fifth calculated deception.

0:46:00.080 --> 0:46:03.920
<v Speaker 2>She says, this deception is Aaron Patterson herself saying that,

0:46:04.120 --> 0:46:07.840
<v Speaker 2>in Nnette Roger's words, that Aaron Patterson tried to play

0:46:07.880 --> 0:46:08.360
<v Speaker 2>the jury.

0:46:08.560 --> 0:46:11.880
<v Speaker 3>Yeah, Nenette Rogers was facing the jury at this time,

0:46:12.200 --> 0:46:15.440
<v Speaker 3>and the jury, as they really had behaved throughout all

0:46:15.480 --> 0:46:19.160
<v Speaker 3>of her closing submissions, they couldn't be seen taking any notes,

0:46:19.160 --> 0:46:21.480
<v Speaker 3>they weren't looking at their iPads. Their eyes were really

0:46:21.560 --> 0:46:24.680
<v Speaker 3>fixed on Nett Rogers as she was speaking. And this

0:46:24.840 --> 0:46:27.960
<v Speaker 3>was a moment where there was surprise across the faces

0:46:28.000 --> 0:46:30.600
<v Speaker 3>of some of the jury members, and one of the

0:46:30.640 --> 0:46:33.720
<v Speaker 3>male jurors as well, almost smirt He had a smile

0:46:33.760 --> 0:46:35.919
<v Speaker 3>on his face. When they were told that there would

0:46:35.920 --> 0:46:39.080
<v Speaker 3>be this fifth element, and then all of a sudden

0:46:39.080 --> 0:46:41.560
<v Speaker 3>we heard net Rodgers say, this is the lies that

0:46:41.600 --> 0:46:44.319
<v Speaker 3>we say. Aaron Patterson told you the juror as while

0:46:44.360 --> 0:46:46.879
<v Speaker 3>she was here in the courtroom. Now, I was sitting

0:46:46.920 --> 0:46:48.719
<v Speaker 3>in the courtroom like I have been every day of

0:46:48.760 --> 0:46:52.000
<v Speaker 3>this trial, Penny, and I looked around to see Aaron Patterson.

0:46:52.040 --> 0:46:55.040
<v Speaker 3>She seated in the dock behind where the media is sitting,

0:46:55.040 --> 0:46:58.319
<v Speaker 3>and she had been taking notes throughout both days, and

0:46:58.320 --> 0:47:00.880
<v Speaker 3>that was happening again today. Glasses on the end of

0:47:00.920 --> 0:47:03.000
<v Speaker 3>her nose, and she was continuing to take notes, and

0:47:03.320 --> 0:47:05.440
<v Speaker 3>there wasn't a lot of reaction to what was happening

0:47:05.440 --> 0:47:06.120
<v Speaker 3>at that point.

0:47:06.440 --> 0:47:09.160
<v Speaker 2>So what Nanette Rodgers told the jury is that Aaron

0:47:09.200 --> 0:47:11.680
<v Speaker 2>Patterson didn't have to give evidence, that she made the

0:47:11.760 --> 0:47:14.520
<v Speaker 2>choice to give evidence off her own bat, and that

0:47:14.560 --> 0:47:17.520
<v Speaker 2>therefore she opened herself up to cross examination just like

0:47:17.640 --> 0:47:20.560
<v Speaker 2>any other witness. And there were a number of those

0:47:20.640 --> 0:47:23.680
<v Speaker 2>points that you mentioned that Nanette Rogers put to the

0:47:23.800 --> 0:47:26.879
<v Speaker 2>jurors saying, we put to you that she lied about this,

0:47:27.160 --> 0:47:29.200
<v Speaker 2>that she lied about this, that she lied about this,

0:47:29.280 --> 0:47:32.839
<v Speaker 2>And she started off with the cancer diagnosis, quoting from

0:47:32.840 --> 0:47:35.640
<v Speaker 2>what she'd told police what she'd told different witnesses, and

0:47:35.640 --> 0:47:37.480
<v Speaker 2>then what she'd said on the stand, and she said

0:47:37.480 --> 0:47:40.839
<v Speaker 2>every time we asked her questions about that that her

0:47:40.880 --> 0:47:42.600
<v Speaker 2>story seemed to be changing.

0:47:42.840 --> 0:47:45.200
<v Speaker 3>She mentioned that Aaron Patterson seemed to have a really

0:47:45.200 --> 0:47:48.560
<v Speaker 3>good memory for some things, particularly dates and the day

0:47:48.560 --> 0:47:51.440
<v Speaker 3>of the week. She explained that in other parts Aaron

0:47:51.480 --> 0:47:55.760
<v Speaker 3>Patterson was unable to explain certain elements, but also didn't

0:47:55.800 --> 0:47:58.960
<v Speaker 3>answer or give full some answers to other questions. And

0:47:59.320 --> 0:48:01.239
<v Speaker 3>that was the reason or part of the reason why

0:48:01.239 --> 0:48:04.000
<v Speaker 3>Anette Rogers said the jury should not put a lot

0:48:04.040 --> 0:48:07.480
<v Speaker 3>of faith into what Aaron Patterson was saying, and to

0:48:07.560 --> 0:48:10.200
<v Speaker 3>really put that aside and focus on what evidence it

0:48:10.280 --> 0:48:11.920
<v Speaker 3>is that the prosecution brought to the table.

0:48:12.040 --> 0:48:15.760
<v Speaker 2>Now, the prosecution has anticipated in some of what they've

0:48:15.800 --> 0:48:18.440
<v Speaker 2>told the jury, they expect the defense will say in

0:48:18.480 --> 0:48:21.960
<v Speaker 2>their closings. You'll hear a little bit in these words

0:48:21.960 --> 0:48:25.279
<v Speaker 2>of Nannette Rogers that were about to play you. This

0:48:25.400 --> 0:48:28.360
<v Speaker 2>begins with her talking about the fact that the defense

0:48:28.400 --> 0:48:31.200
<v Speaker 2>may try to suggest that a lot of these things

0:48:31.239 --> 0:48:33.280
<v Speaker 2>happened because of an innocent panic.

0:48:33.600 --> 0:48:34.800
<v Speaker 4>This is voiced by an actor.

0:48:35.160 --> 0:48:37.520
<v Speaker 1>It might be suggested to you that some of the

0:48:37.560 --> 0:48:41.040
<v Speaker 1>accused behavior after the lunch was the result of panic,

0:48:41.239 --> 0:48:45.200
<v Speaker 1>innocent panic about the prospect of being blamed, and that

0:48:45.320 --> 0:48:49.280
<v Speaker 1>this is why she disposed of the dehydrator and why

0:48:49.400 --> 0:48:52.279
<v Speaker 1>she told some of the lies I have already referred to.

0:48:53.040 --> 0:48:58.200
<v Speaker 1>We suggest you can reject those suggestions why, because panic

0:48:58.320 --> 0:49:02.160
<v Speaker 1>does not explain the extent and prolonged efforts that the

0:49:02.239 --> 0:49:06.280
<v Speaker 1>accused went to in order to cover up what she'd done.

0:49:06.800 --> 0:49:10.400
<v Speaker 1>It does not explain why the accused chose to persist

0:49:10.440 --> 0:49:14.160
<v Speaker 1>with lies even when the lives of the lunch guests

0:49:14.200 --> 0:49:17.480
<v Speaker 1>were at stake. And you might also remember that the

0:49:17.560 --> 0:49:21.400
<v Speaker 1>accused volunteered some of those lies to someone who she

0:49:21.520 --> 0:49:24.520
<v Speaker 1>had absolutely no reason to lie to.

0:49:25.040 --> 0:49:27.800
<v Speaker 2>From then innet, Rogers took the jury through a few

0:49:27.840 --> 0:49:31.080
<v Speaker 2>more bits of evidence of different witnesses. What she says

0:49:31.200 --> 0:49:35.360
<v Speaker 2>that Aaron Patterson told Jenny Hay, one of her online friends,

0:49:35.440 --> 0:49:38.200
<v Speaker 2>regarding elements that had happened after the lunch with the

0:49:38.280 --> 0:49:41.319
<v Speaker 2>leftovers and where she says she got the mushrooms. And

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<v Speaker 2>after these two days of closings that the jury has

0:49:45.120 --> 0:49:47.799
<v Speaker 2>heard from Nannette Rogers, it was time for her to

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<v Speaker 2>sit back down and say she had finished these closing submissions.

0:49:51.120 --> 0:49:54.080
<v Speaker 3>She actually thanked the jury. She said thank you for

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<v Speaker 3>your time and sat back down. And we know what

0:49:57.000 --> 0:50:00.600
<v Speaker 3>happened next, Penny. Is that Colin Mandy. It was his

0:50:00.680 --> 0:50:03.239
<v Speaker 3>turn at the lectern. He did the same. He came

0:50:03.280 --> 0:50:05.840
<v Speaker 3>in and moved it so it was facing the jury

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<v Speaker 3>and we'll bring you some more about what he has

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<v Speaker 3>to say in our next episode.

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<v Speaker 4>Thank you for listening to this episode of Say Grace.

0:50:13.200 --> 0:50:15.120
<v Speaker 2>Please press the follow button in your app to get

0:50:15.160 --> 0:50:17.480
<v Speaker 2>our next episodes as soon as we publish.

0:50:17.680 --> 0:50:19.880
<v Speaker 3>For more reporting on the case, check out the Age

0:50:19.880 --> 0:50:21.880
<v Speaker 3>of nine News in your browser or app store.

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<v Speaker 2>We'd like to acknowledge the traditional owners of the land

0:50:24.360 --> 0:50:27.200
<v Speaker 2>that this podcast was recorded on and wherever you're listening

0:50:27.239 --> 0:50:27.800
<v Speaker 2>to it now.

0:50:28.120 --> 0:50:31.080
<v Speaker 4>Say Grace is created and hosted by me Penelope Leash

0:50:31.239 --> 0:50:35.120
<v Speaker 4>and me Aaron Pearson. This podcast is produced by Genevieve Rule.