WEBVTT - Erin Patterson's final words

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<v Speaker 1>Nine podcasts.

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<v Speaker 2>In this episode, Aaron Patterson finishes her time on the

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<v Speaker 2>witness stand after eight days. In the final hours of

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<v Speaker 2>her evidence, more questions are asked about gastric bypass surgery.

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<v Speaker 2>With the jury told lawyers have collected more information. The

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<v Speaker 2>accused killer maintains she fed her children leftovers from the

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<v Speaker 2>fatal lunch, and she answers three final questions from the prosecution.

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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. The bizarre tragedy now grabbing global headlines. Aaron

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

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<v Speaker 3>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 wonderful people.

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<v Speaker 2>Today, Aaron Patterson 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 cap

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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 fourth,

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

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

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<v Speaker 2>Aaron Patterson has been on the witness stand across eight

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<v Speaker 2>days now. There's been days of cross examination and also

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<v Speaker 2>questions with her defense barrister, initially an examination in chief

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<v Speaker 2>and then now we've seen all of his final questions

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<v Speaker 2>in the re examination as well.

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<v Speaker 3>It was quite a moment in the courtroom when the

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<v Speaker 3>judge turned to the jury and said that now completes

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<v Speaker 3>the evidence. As you said, eight days, the accused woman

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<v Speaker 3>has been in the witness box, and you could hear

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<v Speaker 3>a sigh from the packed court room and also from

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<v Speaker 3>a number of jury members when the judge revealed that

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<v Speaker 3>was what was happening and what was happening next. At

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<v Speaker 3>that time, Aaron Patterson was seated, as you said, in

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<v Speaker 3>the witness box. She had been a little bit teary

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<v Speaker 3>towards the end of her evidence, but largely had remained

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<v Speaker 3>pretty stoic answering pretty much every question and even gave

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<v Speaker 3>explanations as well as denials. There was a bit of

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<v Speaker 3>a mixture of both, Penny.

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<v Speaker 2>Yeah, and we will in this episode take you through

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<v Speaker 2>a number of different topics that the prosecution took Aaron

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<v Speaker 2>Patterson through in the last part of her cross examination,

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<v Speaker 2>as well as the re examination from the defense, and

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<v Speaker 2>will bring you what both sides have asked Aaron Patterson

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<v Speaker 2>in these final hours around gastric bypass surgery. But let's

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<v Speaker 2>start with the mushrooms from the Asian grosser. Now, Aaron

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<v Speaker 2>Patterson says that she bought dried mushrooms from an Asian

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<v Speaker 2>or Chinese grosser in the southeastern suburbs of Melbourne, and

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<v Speaker 2>that she'd added this to the beef Wellington, but became

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<v Speaker 2>concerned at one point that there may have been foraged

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<v Speaker 2>mushrooms in that dried mushroom mixture. She's been asked a

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<v Speaker 2>lot of questions about these particular mushrooms.

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<v Speaker 3>He's also been asked a lot of questions about what

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<v Speaker 3>she recalls telling the other witnesses in the trial about

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<v Speaker 3>those mushrooms and the order of events, and she recalled

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<v Speaker 3>that the first person that she told about the fact

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<v Speaker 3>that could be Asian mushrooms in the meal. Was Matthew Patterson,

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<v Speaker 3>her brother in law. Now Matthew at that time, the

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<v Speaker 3>jury were told, was at hospital with his father and

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<v Speaker 3>a toxicologist had come into the room and ask questions

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<v Speaker 3>about where the mushrooms may have come from, and that's

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<v Speaker 3>when Aaron Patterson says that she recounted that there was

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<v Speaker 3>these dried mushrooms that she'd used. And as part of

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<v Speaker 3>this questioning to try and narrow down on exactly what

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<v Speaker 3>she remembered, Penny and Nett Rogers put to the witness

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<v Speaker 3>that she had worked for a number of years in

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<v Speaker 3>that Monash City Council area and should that, according to

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<v Speaker 3>the prosecution, mean that you really knew that area well,

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<v Speaker 3>those suburbs, well, there was somewhere where you'd worked, and

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<v Speaker 3>she also owned a property at one point.

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<v Speaker 2>Yeah, And it was mentioned to Aaron Patterson that she

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<v Speaker 2>could name some of these particular streets that she'd shopped on,

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<v Speaker 2>but she said in her cross examination that she didn't

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<v Speaker 2>really know that this particular area well. And as she

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<v Speaker 2>was being taken through the evidence of a number of

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<v Speaker 2>different witnesses, public health officials, people that she'd had discussions

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<v Speaker 2>with as they were trying to find the source of

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<v Speaker 2>this possible poisoning. It was put to her by the

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<v Speaker 2>prosecution that she hadn't answered these questions, that she hadn't

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<v Speaker 2>always been forthcoming in her communication on phones and on

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<v Speaker 2>text messages and in what she was telling different people

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<v Speaker 2>at different times, and the Crown Prosecutor Annette Rodgers accused

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<v Speaker 2>Aaron Patterson of taking these authorities on a wild goose chase.

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<v Speaker 3>Yep yeap. She was asked whether or not this whole idea,

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<v Speaker 3>this whole concept of having dried mushrooms in your pantry

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<v Speaker 3>you'd purchased from this Asian grocer's store that you couldn't remember,

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<v Speaker 3>was a big fat lie? Was it true? Were you

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<v Speaker 3>making up this story in order to send investigators from

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<v Speaker 3>the Health department from the Monash City Council on this

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<v Speaker 3>while goosechase to find something that didn't exist, to give

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<v Speaker 3>you more time to figure out what you were going

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<v Speaker 3>to do. And it was repeatedly put to Aaron Patterson,

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<v Speaker 3>were a lot of these post lunch actions because you

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<v Speaker 3>were worried that doctors had gotten non sooner rather than later,

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<v Speaker 3>that deathcat mushrooms may have been involved, and she maintained no, repeatedly,

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<v Speaker 3>repeatedly disagreed with any suggestion that there was deliberate mushroom poisoning.

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<v Speaker 5>In that lunch, we'll bring you.

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<v Speaker 4>A bit of the evidence. Now.

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<v Speaker 2>This is Nannette Rodgers, sc the Crown Prosecutor, speaking with

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<v Speaker 2>Aaron Patterson in the cross examination, and she's talking about

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<v Speaker 2>a part of the evidence where Aaron Patterson says in

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<v Speaker 2>her police interview that she'd been very helpful to these

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<v Speaker 2>health authorities. And you'll also hear some references to someone

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<v Speaker 2>in this questioning, and that person is Sally Anne Atkinson.

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<v Speaker 2>She's been one of the witnesses and one of the

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<v Speaker 2>people working with the health authorities to try and find

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<v Speaker 2>the source of the Asian mushrooms.

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<v Speaker 3>This is voiced by actors.

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<v Speaker 1>I suggest that you weren't very very helpful to the

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<v Speaker 1>department at all.

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<v Speaker 5>I was trying to be that was untrue, incorrect.

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<v Speaker 1>In fact, you sent them on a wild goose chase

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<v Speaker 1>trying to locate this Asian groser correct or incorrect, incorrect.

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<v Speaker 1>Initially you were not very responsive to the Department of Health.

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<v Speaker 1>I think that's been your evidence.

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<v Speaker 5>No, it's not my evidence. The first time she rang me.

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<v Speaker 5>I answered and spoke to her for fifteen.

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<v Speaker 1>Minutes on one August twenty twenty three at eight thirty

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<v Speaker 1>three am.

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<v Speaker 5>Correct, But then.

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<v Speaker 1>You didn't respond to some of the other texts correct.

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<v Speaker 5>Correct. I think we've established why that was already.

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<v Speaker 1>And I suggest that the reason that you didn't answer

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<v Speaker 1>some of those texts from her was because you did

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<v Speaker 1>not want to be pressed for details about the Asian

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<v Speaker 1>grocery store. Incorrect, because that story was not true.

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<v Speaker 5>Incorrect.

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<v Speaker 1>It was a lie that you used dried mushrooms from

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<v Speaker 1>an Asian grosser correct or incorrect.

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<v Speaker 5>Incorrect.

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<v Speaker 1>You lied about the source of the death cap mushrooms

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<v Speaker 1>because you knew you were gill of having deliberately poisoned

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<v Speaker 1>your four lunch guests.

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<v Speaker 5>Incorrect.

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<v Speaker 2>Another part of Aaron Patterson's evidence that was gone back

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<v Speaker 2>and forth on as part of the cross examination was

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<v Speaker 2>what happened with her children around this lunch, and she

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<v Speaker 2>maintains that she fed her son and her daughter on

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<v Speaker 2>the Sunday night following the Saturday lunch the leftovers from

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<v Speaker 2>this meal.

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<v Speaker 3>The evidence the jury has heard as part of this

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<v Speaker 3>particular topic was that Aaron Patterson told medical personnel and

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<v Speaker 3>authorities that the Sunday after the lunch, the dinner time.

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<v Speaker 3>After the lunch, she had fed the leftovers to her children.

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<v Speaker 3>She'd scraped off the mushroom paste, she'd scraped off the pastry,

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<v Speaker 3>and fed them what meat was left. She'd also then

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<v Speaker 3>served up some beans and also some potato with hers

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<v Speaker 3>part of her examination in the final days as well,

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<v Speaker 3>we heard from the prosecution questions put to Patterson about

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<v Speaker 3>what her kids recalled of that meal. So her children,

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<v Speaker 3>the prosecution say, in their evidence, recalled that Aaron Patterson

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<v Speaker 3>shared some of those leftovers with her children but didn't

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<v Speaker 3>really eat a lot of them, and that her son

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<v Speaker 3>finished them off. But Aaron Patterson, while in the witness box,

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<v Speaker 3>said no, no, no, that they have a wrong recollection

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<v Speaker 3>of what happened. In fact, I didn't eat any of

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<v Speaker 3>those leftovers. I tried to eat cereal, but I wasn't

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<v Speaker 3>feeling very well.

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<v Speaker 2>She was taken to the evidence of another witness who

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<v Speaker 2>says Aaron Patterson told her she tried to eat some

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<v Speaker 2>cereal on that night, but not the dinner because she

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<v Speaker 2>wasn't feeling well enough.

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<v Speaker 4>So she disputed the children's.

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<v Speaker 2>Recollection of that particular dinner meal that was served. She

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<v Speaker 2>was also taken through her shopping in the lead up

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<v Speaker 2>to this meal, and it was expressed by the prosecution

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<v Speaker 2>that Aaron Patterson, through these shopping records, the Woolworth shopping

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<v Speaker 2>records that have been shown in the courtroom, went to

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<v Speaker 2>the shops multiple times.

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<v Speaker 4>To get ingredients for this meal. She agreed that.

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<v Speaker 2>She did, but when she was asked specifically by Annette

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<v Speaker 2>Rogers sc about the meat of this particular recipe, the

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<v Speaker 2>recipe in each's recipe was calling for that that was

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<v Speaker 2>supposed to be a log, and the jury was again

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<v Speaker 2>shown this recipe step by step up on the screens.

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<v Speaker 4>In the courtroom.

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<v Speaker 2>The net Rodgers put to Aaron Patterson, you could have

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<v Speaker 2>tried to get a log like this, a bigger piece

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<v Speaker 2>of meat from a local butcher. Aaron Patterson denied that.

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<v Speaker 2>She said that she'd looked at her local Woolworths, that

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<v Speaker 2>she couldn't find a bigger piece of meat, and so

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<v Speaker 2>that's why she got the individual stakes. And she denied

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<v Speaker 2>the allegation from the prosecution that she had deliberately sought

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<v Speaker 2>out those individual steaks so as she could make individual

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<v Speaker 2>meals to begin with.

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<v Speaker 3>And that meat and the size of the meat was

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<v Speaker 3>another questioning element that arose in the final hours of

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<v Speaker 3>Aaron Patterson's evidence about why did you cook six beef

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<v Speaker 3>Wallingtons and when you knew you were only having four

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<v Speaker 3>lunch guests. And her explanation was, she brought those I

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<v Speaker 3>fill at stakes in twin packs and she'd put two

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<v Speaker 3>of those twin packs in the freezer, and that's why

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<v Speaker 3>she had therefore cooked an extra beef Wllington.

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<v Speaker 2>The jury's also heard a lot about other ingredients in

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<v Speaker 2>this meal, specifically mushrooms, and Aaron Patterson agreed with the

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<v Speaker 2>prosecution that she had purchased in the days leading up

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<v Speaker 2>to the lunch around one point seventy five grams of mushrooms,

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<v Speaker 2>and she agreed the recipe called for about seven hundred grams.

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<v Speaker 2>She told the prosecutor and Nett Rodgers that she'd eaten

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<v Speaker 2>the extra kilo of mushrooms in those days between the

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<v Speaker 2>twenty third and the twenty seventh of July, and that

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<v Speaker 2>left her with seven hundred and fifty grams to make

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<v Speaker 2>the meal.

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<v Speaker 3>Yeah, and she said it wasn't unusual for her to

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<v Speaker 3>purchase large amounts of mushrooms and would in her memory,

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<v Speaker 3>often purchase them a couple of times a week. But

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<v Speaker 3>she did explain that her children didn't like mushrooms, her

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<v Speaker 3>daughter in particular didn't really like mushrooms. And she was

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<v Speaker 3>then asked questions by the prosecution about well, did you

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<v Speaker 3>then tell the authorities that you scraped off that mushroom pace,

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<v Speaker 3>that those mushrooms were used to make purely to try

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<v Speaker 3>and mislead them and to explain why the children weren't sick.

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<v Speaker 3>That's another thing she denied. She said, no, no, no, no, no.

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<v Speaker 3>We saw her get a little bit emotional when her

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<v Speaker 3>children were mentioned in different parts of questioning, But this

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<v Speaker 3>was a denial. She really focused quite heavily on that. No,

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<v Speaker 3>she did not make up this lie to try and

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<v Speaker 3>cover her tracks as to why her children weren't sick.

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<v Speaker 2>Yeah, she maintained through her evidence that she had scraped

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<v Speaker 2>off those mushrooms and the pastry, and that that had

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<v Speaker 2>gone into an outdoor been at her home that was

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<v Speaker 2>later collected by police and used for some testing through

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<v Speaker 2>the different health authorities as the patients were falling sicker

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<v Speaker 2>and sicker. Now, with what Aaron Patterson was being asked

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<v Speaker 2>around her children, eating this meal. It was put to

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<v Speaker 2>her a number of times that she seemed, according to

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<v Speaker 2>some witnesses in their evidence, reluctant to have the children

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<v Speaker 2>treated at hospital. Now, she maintained that she may have

0:11:42.800 --> 0:11:45.560
<v Speaker 2>been reluctant initially, but that's because she thought the children

0:11:45.600 --> 0:11:48.120
<v Speaker 2>hadn't eaten the mushrooms and there was no real risk.

0:11:48.400 --> 0:11:51.000
<v Speaker 2>But she says once she realized that there was real

0:11:51.040 --> 0:11:54.160
<v Speaker 2>concern that there could have been deathcat mushrooms in the

0:11:54.200 --> 0:11:56.440
<v Speaker 2>meal eaten by the children, even though there was no

0:11:56.520 --> 0:11:59.680
<v Speaker 2>mushrooms on the particular bit, they ate that she did

0:11:59.800 --> 0:12:01.439
<v Speaker 2>want them to be checked out at hospital.

0:12:01.559 --> 0:12:04.240
<v Speaker 3>There was a couple of hours after the jury were

0:12:04.280 --> 0:12:06.680
<v Speaker 3>told Aaron Patterson found out that there was this risk

0:12:06.760 --> 0:12:09.400
<v Speaker 3>of death cap mushroom contamination that she arranged for her

0:12:09.480 --> 0:12:11.720
<v Speaker 3>children to be collected from school and then taken to

0:12:11.800 --> 0:12:14.200
<v Speaker 3>hospital to be examined. And we know that they did

0:12:14.240 --> 0:12:16.080
<v Speaker 3>stay there overnight for observation.

0:12:16.559 --> 0:12:19.800
<v Speaker 2>And Aaron Patterson has been spoken to by the prosecution

0:12:20.000 --> 0:12:22.800
<v Speaker 2>in the cross examination about how she was feeling at

0:12:22.800 --> 0:12:24.640
<v Speaker 2>this time when she made the kids dinner on the

0:12:24.720 --> 0:12:27.200
<v Speaker 2>Sunday night, it was put to her that there was

0:12:27.280 --> 0:12:30.679
<v Speaker 2>evidence from a doctor from the Monash Medical Center that

0:12:30.720 --> 0:12:33.240
<v Speaker 2>she later ended up at, that she'd thought she had

0:12:33.280 --> 0:12:36.680
<v Speaker 2>food poisoning symptoms. Aaron Patterson disputed that she said when

0:12:36.679 --> 0:12:39.040
<v Speaker 2>she first arrived at the Lee and Gatha Hospital, which

0:12:39.080 --> 0:12:40.880
<v Speaker 2>is the first hospital she went to on the Monday

0:12:40.920 --> 0:12:44.600
<v Speaker 2>following the Sunday night, she felt that she had gastro symptoms,

0:12:44.800 --> 0:12:47.120
<v Speaker 2>So she said she didn't think she had food poisoning

0:12:47.200 --> 0:12:50.680
<v Speaker 2>and disputed that she made her children a dish when

0:12:50.679 --> 0:12:54.400
<v Speaker 2>she thought that that leftovers could have made her sick initially.

0:12:54.720 --> 0:12:58.640
<v Speaker 2>She was then taken to some evidence and some different

0:12:58.679 --> 0:13:01.640
<v Speaker 2>parts that the court has heard regarding when she found

0:13:01.640 --> 0:13:04.960
<v Speaker 2>out that Don and Gail Patterson, her in laws, were unwell,

0:13:05.040 --> 0:13:07.400
<v Speaker 2>and the court heard that she first knew on the

0:13:07.520 --> 0:13:09.040
<v Speaker 2>Sunday that they weren't well.

0:13:09.360 --> 0:13:12.120
<v Speaker 3>It was a Sunday morning. The jury heard that Aaron

0:13:12.160 --> 0:13:15.200
<v Speaker 3>Patterson found out through her estranged husband, Simon Patterson, that

0:13:15.240 --> 0:13:19.000
<v Speaker 3>Don and Gail Patterson were unwell. She maintains so that

0:13:19.040 --> 0:13:22.679
<v Speaker 3>she didn't think or know, or was informed in any way,

0:13:22.720 --> 0:13:24.760
<v Speaker 3>shape or form that they were sick from something that

0:13:24.800 --> 0:13:27.719
<v Speaker 3>had come from the meal. In her mind, it may

0:13:27.760 --> 0:13:30.840
<v Speaker 3>have just been this gastro that was going around and

0:13:31.000 --> 0:13:33.880
<v Speaker 3>at that point when she fed her children the leftovers,

0:13:33.960 --> 0:13:36.840
<v Speaker 3>she says, with the mushroom and pastry scraped off, that

0:13:36.880 --> 0:13:38.920
<v Speaker 3>she really had no idea that it could be the

0:13:38.960 --> 0:13:40.480
<v Speaker 3>meal that was making everybody sick.

0:13:40.640 --> 0:13:42.600
<v Speaker 2>Let's hear a little bit more of the evidence during

0:13:42.640 --> 0:13:45.480
<v Speaker 2>the cross examination. This is the words of Aaron Patterson

0:13:45.559 --> 0:13:46.480
<v Speaker 2>and Annette Rogers.

0:13:46.920 --> 0:13:49.720
<v Speaker 1>I suggest that you told well over a dozen people,

0:13:49.920 --> 0:13:55.640
<v Speaker 1>including your son and daughter, health professionals, child protection workers, police,

0:13:55.920 --> 0:13:59.520
<v Speaker 1>and a friend, that you had fed your children the

0:13:59.600 --> 0:14:02.800
<v Speaker 1>same meal that you had served at lunch on twenty

0:14:02.920 --> 0:14:04.480
<v Speaker 1>nine July twenty twenty three.

0:14:04.800 --> 0:14:07.000
<v Speaker 5>Oh, I was pretty clear. It was the meal minus

0:14:07.000 --> 0:14:09.079
<v Speaker 5>the mushrooms and pastries, so not the same.

0:14:09.160 --> 0:14:12.280
<v Speaker 1>But yes, But isn't it the fact that on Sunday

0:14:12.480 --> 0:14:15.720
<v Speaker 1>thirty July you found out that at least Don and

0:14:15.800 --> 0:14:16.840
<v Speaker 1>Gail were unwell.

0:14:17.200 --> 0:14:18.600
<v Speaker 5>Yes, I did find out about that.

0:14:19.040 --> 0:14:22.200
<v Speaker 1>So why did you proceed to feed the same meal

0:14:22.280 --> 0:14:26.120
<v Speaker 1>to your children when you knew or suspected that the

0:14:26.120 --> 0:14:28.440
<v Speaker 1>meal that you'd served had made them ill?

0:14:28.840 --> 0:14:30.640
<v Speaker 5>I didn't. I didn't know suspect that.

0:14:31.000 --> 0:14:33.360
<v Speaker 1>Your son gave evidence in his recorded interview that you

0:14:33.440 --> 0:14:36.600
<v Speaker 1>told him that Gail and Don were not well. Do

0:14:36.640 --> 0:14:40.080
<v Speaker 1>you remember the evidence? I do you told that to him?

0:14:40.240 --> 0:14:40.960
<v Speaker 5>I'm sure I did.

0:14:41.040 --> 0:14:42.360
<v Speaker 1>Yeah, on the Sunday night.

0:14:42.520 --> 0:14:45.600
<v Speaker 5>I don't know when on the Sunday or I don't

0:14:45.640 --> 0:14:47.560
<v Speaker 5>know when I told him that, but I did tell him.

0:14:47.720 --> 0:14:51.240
<v Speaker 2>The accused woman has also been taken through whether she

0:14:51.360 --> 0:14:54.680
<v Speaker 2>deliberately sought out deathcap mushrooms. That's been a key part

0:14:54.800 --> 0:14:57.600
<v Speaker 2>of all of the evidence in this trial. In her questioning,

0:14:57.960 --> 0:14:59.920
<v Speaker 2>and she's told the court that she did not del

0:15:00.000 --> 0:15:03.200
<v Speaker 2>liberately seek out mushrooms in either of the Gippsland towns

0:15:03.240 --> 0:15:06.840
<v Speaker 2>of Locke and Outram, where there's been evidence that there

0:15:06.880 --> 0:15:10.720
<v Speaker 2>were posts on the Iron Naturalist site about sightings of

0:15:10.800 --> 0:15:12.400
<v Speaker 2>mushrooms in these locations.

0:15:12.920 --> 0:15:15.680
<v Speaker 3>We know from the evidence of one of the other witnesses,

0:15:16.280 --> 0:15:20.160
<v Speaker 3>a cell tower expert. He maintains that he could see

0:15:20.160 --> 0:15:23.080
<v Speaker 3>on the data that the phone connected to Aaron Patterson

0:15:23.480 --> 0:15:27.720
<v Speaker 3>pinned in those particular areas on certain days. Aaron Patterson

0:15:27.760 --> 0:15:31.080
<v Speaker 3>maintains that that is not true. Maybe she passed through

0:15:31.080 --> 0:15:33.960
<v Speaker 3>the areas or or whatnot, but there was in no

0:15:34.160 --> 0:15:37.600
<v Speaker 3>way she had any memory of deliberately driving to those

0:15:37.640 --> 0:15:41.760
<v Speaker 3>two locations after posts were made on the Our Naturalist

0:15:42.320 --> 0:15:44.400
<v Speaker 3>showing where deathcap mushrooms were growing. Yeah.

0:15:44.440 --> 0:15:47.200
<v Speaker 2>When she was asked about doctor Tom May's post regarding

0:15:47.280 --> 0:15:51.440
<v Speaker 2>the deathcap mushrooms he'd cited at Outram, she told the court, Well,

0:15:51.480 --> 0:15:53.760
<v Speaker 2>she said disagree when she was asked a question about

0:15:54.040 --> 0:15:56.880
<v Speaker 2>seeing that particular post and then heading to that area.

0:15:56.920 --> 0:15:59.080
<v Speaker 2>And we'll hear a little bit more about what she

0:15:59.240 --> 0:16:02.680
<v Speaker 2>was asked regards adding another post in Locke and what

0:16:02.800 --> 0:16:07.120
<v Speaker 2>she did after. The prosecution says she visited that particular area.

0:16:07.240 --> 0:16:08.320
<v Speaker 5>This is voiced by actors.

0:16:08.720 --> 0:16:12.360
<v Speaker 1>I suggest that you read the Christine McKenzie post that

0:16:12.400 --> 0:16:16.840
<v Speaker 1>she'd posted on I Naturalist on eighteen April. Agree or disagree?

0:16:17.000 --> 0:16:17.640
<v Speaker 5>Disagree?

0:16:17.800 --> 0:16:20.520
<v Speaker 1>I suggest you drove to Locke from your house at

0:16:20.560 --> 0:16:25.760
<v Speaker 1>Leanngatha to specifically find death cap mushrooms on twenty eight April.

0:16:26.040 --> 0:16:27.160
<v Speaker 5>Disagree, and I.

0:16:27.120 --> 0:16:30.320
<v Speaker 1>Suggest that you found some Agree or disagree?

0:16:30.560 --> 0:16:31.720
<v Speaker 5>Disagree, And I.

0:16:31.680 --> 0:16:35.240
<v Speaker 1>Suggest that within two hours of finding those death cap

0:16:35.320 --> 0:16:39.680
<v Speaker 1>mushrooms you drove to the Hartley Wells Better Home Living

0:16:39.720 --> 0:16:44.480
<v Speaker 1>in Leengatha and bought yourself a dehydrator at twelve seventeen PM.

0:16:44.800 --> 0:16:47.120
<v Speaker 5>I did buy that that day, yes, And.

0:16:47.120 --> 0:16:51.520
<v Speaker 1>The purpose of buying the dehydrator was to dehydrate death

0:16:51.640 --> 0:16:53.960
<v Speaker 1>cap mushrooms. Agree or disagree?

0:16:54.240 --> 0:16:58.200
<v Speaker 2>Disagree now, Aaron Patterson told the court, Yes, as you heard,

0:16:58.240 --> 0:17:00.880
<v Speaker 2>she did buy a dehydrature and it was on that

0:17:00.960 --> 0:17:03.080
<v Speaker 2>particular day in April twenty twenty three.

0:17:03.400 --> 0:17:06.960
<v Speaker 4>She agreed it was in some part to preserve wild.

0:17:06.760 --> 0:17:08.680
<v Speaker 2>Mushrooms, to use them at different parts of the year,

0:17:08.880 --> 0:17:10.560
<v Speaker 2>and also to preserve other foods.

0:17:10.800 --> 0:17:13.560
<v Speaker 3>Yeah, that's right. So she really disputed any accusation that

0:17:13.640 --> 0:17:17.439
<v Speaker 3>it was purchased purely to dry death cap mushrooms and

0:17:17.480 --> 0:17:19.800
<v Speaker 3>then feed them to her lunch guests. And she was

0:17:19.840 --> 0:17:23.399
<v Speaker 3>also then asked a few questions about her foraging and

0:17:23.440 --> 0:17:25.399
<v Speaker 3>whether or not there could have been deathcap mushrooms in

0:17:25.480 --> 0:17:28.560
<v Speaker 3>what she'd foraged, And she was explaining to the jury

0:17:28.600 --> 0:17:30.560
<v Speaker 3>that there's only a couple of months of the year

0:17:30.560 --> 0:17:33.480
<v Speaker 3>that you can forage mushrooms. She said, this is autumn.

0:17:33.440 --> 0:17:36.840
<v Speaker 3>And she said, so it's that March April may period

0:17:36.920 --> 0:17:41.199
<v Speaker 3>here in Victoria, Australia that you can purchase that you

0:17:41.240 --> 0:17:43.760
<v Speaker 3>can forage for these types of mushrooms, she told the jury.

0:17:43.840 --> 0:17:46.399
<v Speaker 3>So she would have only been possibly able to do

0:17:46.440 --> 0:17:47.760
<v Speaker 3>it a handful of times.

0:17:48.160 --> 0:17:51.280
<v Speaker 2>Yeah, And she told the jury previously in some of

0:17:51.320 --> 0:17:54.120
<v Speaker 2>her evidence which she was taken to by the Crown Prosecutor,

0:17:54.359 --> 0:17:57.040
<v Speaker 2>that when she developed these interest in mushrooms around the

0:17:57.080 --> 0:18:00.400
<v Speaker 2>COVID lockdowns of twenty twenty, that her children were with

0:18:00.440 --> 0:18:03.200
<v Speaker 2>her on some of these walks and times where they

0:18:03.280 --> 0:18:06.560
<v Speaker 2>saw these particular mushrooms out growing in the wild.

0:18:06.760 --> 0:18:08.720
<v Speaker 4>Now she disputed the.

0:18:08.960 --> 0:18:12.199
<v Speaker 2>Evidence of her estranged husband, Simon Patterson. He told the

0:18:12.200 --> 0:18:14.840
<v Speaker 2>court that he had never and it's come through other

0:18:14.880 --> 0:18:17.800
<v Speaker 2>witnesses evidence that he had and all the time he'd

0:18:17.840 --> 0:18:19.119
<v Speaker 2>known her, never known her.

0:18:19.000 --> 0:18:20.960
<v Speaker 4>To forage or pick wild mushrooms.

0:18:20.960 --> 0:18:24.760
<v Speaker 2>And she sort of said, well, how would he necessarily

0:18:24.800 --> 0:18:26.560
<v Speaker 2>know that? And she was taken through a number of

0:18:26.560 --> 0:18:29.479
<v Speaker 2>different questions that maybe she not necessarily had told that

0:18:29.480 --> 0:18:30.320
<v Speaker 2>to Simon Patterson.

0:18:30.320 --> 0:18:31.399
<v Speaker 4>She didn't think that she had.

0:18:31.600 --> 0:18:35.359
<v Speaker 3>She explained that in their signal chat groups, Penny, there

0:18:35.440 --> 0:18:37.879
<v Speaker 3>was many, many, many messages that were sent between the

0:18:37.920 --> 0:18:39.960
<v Speaker 3>family and also her and Simon Patterson, and she was

0:18:40.000 --> 0:18:42.160
<v Speaker 3>asked why in none of those was there any mention

0:18:42.240 --> 0:18:45.160
<v Speaker 3>of her foraging mushrooms, And she explained that that wasn't

0:18:45.480 --> 0:18:49.000
<v Speaker 3>really a topic of conversation, cooking and recipes and meals,

0:18:49.240 --> 0:18:51.680
<v Speaker 3>wasn't something that her and Simon really talked about. It

0:18:51.760 --> 0:18:54.760
<v Speaker 3>wasn't something that they enjoyed talking about, and that was

0:18:54.760 --> 0:18:57.520
<v Speaker 3>her explanation of why there was nothing to be found

0:18:57.520 --> 0:18:58.600
<v Speaker 3>there by the prosecution.

0:18:58.840 --> 0:19:02.040
<v Speaker 2>Yeah, she said that there was six thousand pages of messages,

0:19:02.040 --> 0:19:04.400
<v Speaker 2>is what her defense barrister put to her in reexamination,

0:19:04.480 --> 0:19:07.120
<v Speaker 2>and she said that they very rarely ever spoke, particularly

0:19:07.160 --> 0:19:09.920
<v Speaker 2>about the meals they were preparing for themselves. She's also

0:19:09.960 --> 0:19:13.680
<v Speaker 2>disputed some more of Simon Patterson's evidence regarding a conversation

0:19:14.240 --> 0:19:17.320
<v Speaker 2>that she says they had at the Monash Medical.

0:19:17.000 --> 0:19:19.560
<v Speaker 4>Center where she alleges he said to.

0:19:19.520 --> 0:19:22.080
<v Speaker 2>Her is that how you poisoned my parents or what

0:19:22.119 --> 0:19:25.439
<v Speaker 2>you used to poison my parents being the dehydrator, and

0:19:25.800 --> 0:19:28.400
<v Speaker 2>he disputes that he ever said that. Now, Aaron Patterson

0:19:28.440 --> 0:19:31.359
<v Speaker 2>maintained that he did say that, and that that is

0:19:31.440 --> 0:19:34.560
<v Speaker 2>what led to her starting to think about forage mushrooms

0:19:34.600 --> 0:19:38.480
<v Speaker 2>and then panicking in regards to that dehydrator. Now, going

0:19:38.480 --> 0:19:41.520
<v Speaker 2>back to her children, as you mentioned before, she's disputed

0:19:41.520 --> 0:19:43.680
<v Speaker 2>some of their evidence around what they had for dinner

0:19:43.680 --> 0:19:46.600
<v Speaker 2>that night. She's also now disputed some of the evidence

0:19:46.680 --> 0:19:49.000
<v Speaker 2>of her son, who said on the Sunday morning when

0:19:49.000 --> 0:19:51.520
<v Speaker 2>she wasn't feeling well, she was having a coffee at

0:19:51.560 --> 0:19:54.200
<v Speaker 2>the dining room table. She says that was a herbal tea,

0:19:54.560 --> 0:19:57.560
<v Speaker 2>but that she basically thinks her son has misinterpreted this

0:19:57.600 --> 0:19:59.240
<v Speaker 2>because ninety nine percent of the time she would have

0:19:59.240 --> 0:20:01.760
<v Speaker 2>been having a coffee and he couldn't necessarily see what

0:20:01.920 --> 0:20:05.200
<v Speaker 2>was in that particular mug. But going back to her

0:20:05.280 --> 0:20:08.800
<v Speaker 2>children and what she says was this habit of foraging

0:20:08.840 --> 0:20:12.280
<v Speaker 2>that she had from twenty twenty. She was really pressed

0:20:12.359 --> 0:20:16.160
<v Speaker 2>by the prosecution on why her children didn't give evidence

0:20:16.240 --> 0:20:20.080
<v Speaker 2>that they had seen her collecting mushrooms anywhere before.

0:20:20.359 --> 0:20:20.600
<v Speaker 6>Yeah.

0:20:20.600 --> 0:20:24.320
<v Speaker 3>So during the trial, as we've already mentioned in earlier episodes,

0:20:24.400 --> 0:20:27.480
<v Speaker 3>a video recorded evidence for the children were played to

0:20:27.520 --> 0:20:30.040
<v Speaker 3>the jury, and that's what Aaron Patterson was asked further

0:20:30.160 --> 0:20:33.600
<v Speaker 3>questions about in the last few days of her testimony,

0:20:33.720 --> 0:20:36.680
<v Speaker 3>and it was around whether or not she had foraged

0:20:36.720 --> 0:20:40.080
<v Speaker 3>with her children, where they'd foraged, how often this may

0:20:40.119 --> 0:20:43.560
<v Speaker 3>have occurred, and Aaron Patterson told the jury she recalled

0:20:43.600 --> 0:20:45.879
<v Speaker 3>that her children were with her at times when she

0:20:45.920 --> 0:20:50.320
<v Speaker 3>would pick and forage wild mushrooms and believed telling the

0:20:50.359 --> 0:20:53.000
<v Speaker 3>jury that her children may have been mistaken or may

0:20:53.000 --> 0:20:54.840
<v Speaker 3>not have remembered that those things occurred.

0:20:55.240 --> 0:20:57.359
<v Speaker 2>Here's a little bit more of the evidence as the

0:20:57.440 --> 0:21:00.600
<v Speaker 2>jury heard it. It's voiced by actors playing at Rogers

0:21:00.720 --> 0:21:02.080
<v Speaker 2>and also Aaron Patterson.

0:21:02.440 --> 0:21:05.600
<v Speaker 1>I suggest that your children never knew you to pick

0:21:05.640 --> 0:21:08.199
<v Speaker 1>wild mushrooms. Do you agree or disagree?

0:21:08.320 --> 0:21:08.960
<v Speaker 5>Disagree?

0:21:09.320 --> 0:21:14.359
<v Speaker 1>That's because you did not go foraging for non toxic mushrooms.

0:21:14.600 --> 0:21:18.520
<v Speaker 1>Agree or disagree, Ah, incorrect. This is a story you

0:21:18.600 --> 0:21:20.159
<v Speaker 1>have made up for this jury.

0:21:20.680 --> 0:21:22.960
<v Speaker 5>Agree or disagree, disagree.

0:21:23.119 --> 0:21:26.240
<v Speaker 2>One of the final topics that the Crown prosecutor covered

0:21:26.240 --> 0:21:29.600
<v Speaker 2>off in the cross examination was the topic of phones

0:21:29.640 --> 0:21:33.240
<v Speaker 2>and various elements about phones. The jury has heard about

0:21:33.280 --> 0:21:36.440
<v Speaker 2>a number of different mobile devices that Aaron Patterson used

0:21:36.480 --> 0:21:41.000
<v Speaker 2>at different times, and she was asked around some factory resets,

0:21:41.040 --> 0:21:44.080
<v Speaker 2>and she says there's a particular phone which is referred

0:21:44.119 --> 0:21:45.240
<v Speaker 2>to as Phone B.

0:21:45.840 --> 0:21:47.880
<v Speaker 4>She says that she reset.

0:21:47.440 --> 0:21:50.439
<v Speaker 2>That mobile phone on the fifth of August, agreeing that

0:21:50.640 --> 0:21:52.919
<v Speaker 2>was well at the same day that police came to

0:21:52.920 --> 0:21:55.399
<v Speaker 2>search her home, and that she then reset it on

0:21:55.440 --> 0:21:58.119
<v Speaker 2>the sixth of August after it had been taken by police.

0:21:58.119 --> 0:22:02.040
<v Speaker 2>That she did that remotely, but she did dispute when

0:22:02.080 --> 0:22:05.320
<v Speaker 2>the prosecution put to her, did you reset this mobile

0:22:05.400 --> 0:22:07.640
<v Speaker 2>phone while you were given some time to have some

0:22:07.680 --> 0:22:09.360
<v Speaker 2>privacy and call a lawyer.

0:22:09.359 --> 0:22:12.240
<v Speaker 4>During this police raid, and she said no, she didn't.

0:22:12.280 --> 0:22:14.480
<v Speaker 2>She disputed the time that she had called the lawyer

0:22:14.520 --> 0:22:18.080
<v Speaker 2>compared to what time the factory reset was being shown

0:22:18.160 --> 0:22:20.840
<v Speaker 2>in the data and said no, that that wasn't during

0:22:20.880 --> 0:22:21.760
<v Speaker 2>that particular time.

0:22:22.000 --> 0:22:25.359
<v Speaker 3>Yeah, this is incredibly technical evidence at times, and there's

0:22:25.920 --> 0:22:28.520
<v Speaker 3>a number of different phones and simcards that have been mentioned,

0:22:28.600 --> 0:22:31.280
<v Speaker 3>so to try and break down the timeline and simplify

0:22:31.280 --> 0:22:34.480
<v Speaker 3>it a little bit, Aaron Patterson agreed that she purchased

0:22:34.520 --> 0:22:37.919
<v Speaker 3>phone as Sam Sung in February twenty twenty three and

0:22:38.000 --> 0:22:40.119
<v Speaker 3>use that for a number of months leading up to

0:22:40.200 --> 0:22:43.000
<v Speaker 3>quite close to the lunch. She told the jury that

0:22:43.080 --> 0:22:45.680
<v Speaker 3>at that point the phone wasn't quite cutting it, and

0:22:45.720 --> 0:22:48.440
<v Speaker 3>she decided that she wanted to use a different phone,

0:22:49.000 --> 0:22:50.680
<v Speaker 3>and it was at this point and around the time

0:22:50.720 --> 0:22:52.600
<v Speaker 3>of the lunch she said she also decided to get

0:22:52.600 --> 0:22:55.840
<v Speaker 3>a new phone number because of some accusations that she

0:22:55.920 --> 0:22:59.040
<v Speaker 3>says Simon Patterson was making and for her own safety.

0:22:59.440 --> 0:23:02.200
<v Speaker 3>The prosecut you should know, alleged that she changed her

0:23:02.280 --> 0:23:05.840
<v Speaker 3>phone around the time of the lunch soon after the lunch,

0:23:06.080 --> 0:23:08.399
<v Speaker 3>because she knew that there would be things on that

0:23:08.560 --> 0:23:13.680
<v Speaker 3>searches internet searches, perhaps researching deathcap mushrooms. Aaron Patterson strongly

0:23:13.720 --> 0:23:16.359
<v Speaker 3>denied this, and she strongly denied that she therefore changed

0:23:16.359 --> 0:23:19.199
<v Speaker 3>her SIM card for the same reason. She said she

0:23:19.400 --> 0:23:22.480
<v Speaker 3>handed over the phone and the SIM card that she

0:23:22.560 --> 0:23:25.399
<v Speaker 3>thought police wanted. She said that they didn't clarify with

0:23:25.440 --> 0:23:28.000
<v Speaker 3>her exactly what they wanted, and she felt like she

0:23:28.080 --> 0:23:31.199
<v Speaker 3>was doing the right thing. We do know that Phone A,

0:23:31.440 --> 0:23:34.840
<v Speaker 3>this Samsung that was purchased in February twenty twenty three,

0:23:34.920 --> 0:23:37.800
<v Speaker 3>has never been found, and it is Phone B another

0:23:37.880 --> 0:23:41.960
<v Speaker 3>Samsung that was handed to police. Now, those factory resets,

0:23:42.119 --> 0:23:44.240
<v Speaker 3>Penny that you just mentioned occurred as well. She was

0:23:44.280 --> 0:23:47.600
<v Speaker 3>asked about three of those in particular right towards the

0:23:47.720 --> 0:23:51.400
<v Speaker 3>end of her evidence, and she agreed that she performed

0:23:51.440 --> 0:23:53.800
<v Speaker 3>those factory resets, But she says for a variety of

0:23:53.840 --> 0:23:57.360
<v Speaker 3>different reasons. One was because she was purely changing over

0:23:57.400 --> 0:24:00.520
<v Speaker 3>her handsets and in the process of changing over her

0:24:00.520 --> 0:24:03.879
<v Speaker 3>phone number as well and resigning up to accounts and

0:24:03.880 --> 0:24:07.600
<v Speaker 3>downloading apps and a like. But the final two resets,

0:24:07.600 --> 0:24:10.560
<v Speaker 3>she said, yes, what were for different reasons, and that

0:24:10.600 --> 0:24:13.040
<v Speaker 3>third one, the jury is heard was because she thought

0:24:13.119 --> 0:24:15.639
<v Speaker 3>the police may have been silly enough to leave it on.

0:24:16.080 --> 0:24:18.880
<v Speaker 2>Yeah, she said that final reset as part of her evidence.

0:24:18.880 --> 0:24:21.240
<v Speaker 2>She wanted to see if it was still connected.

0:24:20.840 --> 0:24:21.560
<v Speaker 3>To a network.

0:24:21.960 --> 0:24:24.440
<v Speaker 2>And we'll go now to some of the evidence as

0:24:24.480 --> 0:24:27.159
<v Speaker 2>it was heard by the jury. Here's a little bit

0:24:27.200 --> 0:24:30.040
<v Speaker 2>of what the court heard from Crown Prosecutor Andette Rodgers

0:24:30.080 --> 0:24:33.000
<v Speaker 2>and Aaron Patterson regarding what happened with these phones.

0:24:33.240 --> 0:24:36.960
<v Speaker 1>You told police your phone number ended in eight three five.

0:24:37.359 --> 0:24:37.760
<v Speaker 5>I did.

0:24:37.960 --> 0:24:40.800
<v Speaker 1>That was the phone number of phone B it was.

0:24:41.320 --> 0:24:44.520
<v Speaker 1>I suggest that that was a lie to the extent

0:24:44.600 --> 0:24:48.320
<v Speaker 1>that that was not your usual phone number. Agree or disagree.

0:24:48.640 --> 0:24:50.840
<v Speaker 5>I wasn't asked if it was my usual phone number.

0:24:51.280 --> 0:24:55.119
<v Speaker 1>Your usual phone number was the one ending in seven

0:24:55.240 --> 0:24:56.320
<v Speaker 1>eight three, correct.

0:24:56.800 --> 0:25:00.520
<v Speaker 5>It wasn't until until that day, Yeah, the day before

0:25:00.560 --> 0:25:02.240
<v Speaker 5>when I was changing all my numbers.

0:25:02.880 --> 0:25:06.080
<v Speaker 1>After you factory reset this phone on to August, and

0:25:06.160 --> 0:25:09.120
<v Speaker 1>I suggest it was to August. You only used it

0:25:09.160 --> 0:25:10.919
<v Speaker 1>to make three phone calls.

0:25:11.240 --> 0:25:12.439
<v Speaker 5>I don't know how many it was.

0:25:12.920 --> 0:25:17.879
<v Speaker 1>Those three phone calls all occurred between around two pm

0:25:17.920 --> 0:25:21.439
<v Speaker 1>on five August, when you were given privacy to contact

0:25:21.480 --> 0:25:24.640
<v Speaker 1>a lawyer. Yep, you were happy to provide police with

0:25:24.800 --> 0:25:28.000
<v Speaker 1>this phone phone b Yeah, happy to tell them that

0:25:28.119 --> 0:25:31.760
<v Speaker 1>this phone number was your number eight three five correct.

0:25:31.960 --> 0:25:35.360
<v Speaker 1>And I suggest you did that because you knew there

0:25:35.440 --> 0:25:38.679
<v Speaker 1>was no data on this phone correct or incorrect.

0:25:39.400 --> 0:25:41.280
<v Speaker 5>No, I did it because they asked for my phone

0:25:41.280 --> 0:25:42.120
<v Speaker 5>and I gave it to them.

0:25:42.560 --> 0:25:45.600
<v Speaker 4>It came to this point in the questioning, at the very.

0:25:45.480 --> 0:25:47.720
<v Speaker 2>End of all of these questions that were asked about

0:25:47.800 --> 0:25:51.160
<v Speaker 2>the different phones and devices, Nanette Rogers said to the court,

0:25:51.200 --> 0:25:53.840
<v Speaker 2>I'm nearly at the end, and basically that people would

0:25:53.840 --> 0:25:56.040
<v Speaker 2>be pleased to hear that, which got sort of a

0:25:56.080 --> 0:25:58.360
<v Speaker 2>bit of a chuckle and a reaction in the courtroom,

0:25:58.359 --> 0:26:00.560
<v Speaker 2>including from the judge's.

0:26:00.280 --> 0:26:02.399
<v Speaker 3>She turned to the jury and Aaron Patterson and the

0:26:02.480 --> 0:26:04.920
<v Speaker 3>judges she was mentioning this and that they may be

0:26:05.119 --> 0:26:07.639
<v Speaker 3>quite relieved that she was getting towards the end of

0:26:07.640 --> 0:26:10.320
<v Speaker 3>her evidences have been long days, Penny. The jury are

0:26:10.320 --> 0:26:13.560
<v Speaker 3>given multiple breaks during the day, as are sitting at

0:26:13.560 --> 0:26:15.600
<v Speaker 3>the bar table. But there was a little bit of

0:26:15.680 --> 0:26:17.440
<v Speaker 3>humor in there right at the end of the day.

0:26:17.560 --> 0:26:20.640
<v Speaker 2>And then things felt like they changed to being far

0:26:20.760 --> 0:26:25.000
<v Speaker 2>more serious again. When Nanette Rogers said, now I'm going

0:26:25.040 --> 0:26:29.080
<v Speaker 2>to ask you three final questions. She signposted it that way,

0:26:29.560 --> 0:26:31.679
<v Speaker 2>and then she turned to the accused woman in the

0:26:31.680 --> 0:26:33.960
<v Speaker 2>witness box, and this is what she asked.

0:26:34.560 --> 0:26:38.840
<v Speaker 1>I suggest that you deliberately sourced death cap mushrooms in

0:26:38.880 --> 0:26:43.600
<v Speaker 1>twenty twenty three. Agree or disagree, disagree. I suggest you

0:26:43.960 --> 0:26:47.840
<v Speaker 1>deliberately included them in the Beef Wellington's You served to

0:26:47.960 --> 0:26:52.919
<v Speaker 1>Don Patterson, Gail Patterson, Ian Wilkinson, and Heather Wilkinson agree

0:26:53.000 --> 0:26:58.400
<v Speaker 1>or disagree, disagree, and you did so intending to kill them.

0:26:58.680 --> 0:27:02.760
<v Speaker 1>Agree or disagree, disagree? Thank you. I have no further questions.

0:27:03.400 --> 0:27:05.760
<v Speaker 2>Now we'll be back after this with some more of

0:27:05.800 --> 0:27:08.840
<v Speaker 2>what both the prosecution and the defense put to Aaron

0:27:08.880 --> 0:27:13.720
<v Speaker 2>Patterson in these final hours regarding gastric bypass surgery. Now,

0:27:13.760 --> 0:27:16.919
<v Speaker 2>in the final days of evidence, the listeners have already

0:27:16.920 --> 0:27:19.840
<v Speaker 2>heard this that there's been multiple questions by the Crown

0:27:19.880 --> 0:27:23.879
<v Speaker 2>prosecutor regarding plans Aaron Patterson said she had for a

0:27:23.960 --> 0:27:27.639
<v Speaker 2>gastric bypass or gastric sleeve weight loss surgery. Now she

0:27:27.760 --> 0:27:30.480
<v Speaker 2>conceded in an earlier part of her evidence that maybe

0:27:30.480 --> 0:27:33.360
<v Speaker 2>it was actually liposuction or a different kind of surgery

0:27:33.400 --> 0:27:36.679
<v Speaker 2>because it was brought to her by the prosecutor that

0:27:36.760 --> 0:27:40.520
<v Speaker 2>this Enrich clinic she'd named in Melbourne didn't actually offer

0:27:40.880 --> 0:27:44.080
<v Speaker 2>gastric bypass surgery. And Aaron Patterson said when she was

0:27:44.119 --> 0:27:46.960
<v Speaker 2>initially bought that evidence that she was really quite puzzled

0:27:47.040 --> 0:27:49.840
<v Speaker 2>because she didn't remember the suburb being the same as.

0:27:49.840 --> 0:27:50.639
<v Speaker 4>Where she'd booked.

0:27:50.760 --> 0:27:52.919
<v Speaker 2>But she agreed she had booked an appointment, it was

0:27:53.000 --> 0:27:56.600
<v Speaker 2>for a pre surgery consultation and that had been canceled.

0:27:56.600 --> 0:27:59.720
<v Speaker 2>Now as part of her cross examination, she was taken

0:27:59.720 --> 0:28:03.040
<v Speaker 2>to her her medical records. These have been collected from

0:28:03.119 --> 0:28:05.680
<v Speaker 2>three GP clinics, is what the jury has been told

0:28:06.040 --> 0:28:09.359
<v Speaker 2>by the lead detective as part of this investigation covering

0:28:09.440 --> 0:28:12.200
<v Speaker 2>the period of twenty twenty three. And Aaron Patterson agreed

0:28:12.240 --> 0:28:15.560
<v Speaker 2>there was nothing in those GP records that referred her

0:28:15.600 --> 0:28:18.560
<v Speaker 2>for weight loss surgery or specifically mentioned weight loss surgery.

0:28:18.680 --> 0:28:21.760
<v Speaker 3>And we got to this point, Penny, because Aaron Patterson

0:28:21.800 --> 0:28:25.840
<v Speaker 3>was being asked about her cancer and whether or not

0:28:25.880 --> 0:28:29.160
<v Speaker 3>she had cancer, and why she was allowing potentionally other

0:28:29.200 --> 0:28:31.760
<v Speaker 3>family members to think that she had a serious illness

0:28:31.760 --> 0:28:35.680
<v Speaker 3>such as cancer or may need some upcoming medical procedures

0:28:35.720 --> 0:28:38.920
<v Speaker 3>connected to that serious illness. Now, she told the jury

0:28:38.960 --> 0:28:41.760
<v Speaker 3>in her evidence that she had been wanting to get

0:28:41.800 --> 0:28:44.360
<v Speaker 3>weight loss surgery, but she was embarrassed and didn't want

0:28:44.400 --> 0:28:46.520
<v Speaker 3>her family to know. So she'd gone out and researched

0:28:46.520 --> 0:28:49.280
<v Speaker 3>this clinic, and in her evidence she named the clinic,

0:28:49.640 --> 0:28:53.520
<v Speaker 3>and that then saw the prosecution bring in a new statement.

0:28:54.240 --> 0:28:56.600
<v Speaker 3>And so Aaron Patterson was given this new statement and

0:28:56.640 --> 0:28:58.520
<v Speaker 3>told to go away and read it over the lunch

0:28:58.560 --> 0:29:01.440
<v Speaker 3>break and come back and be asked further questions about this.

0:29:01.560 --> 0:29:03.480
<v Speaker 3>Now we heard that this was a statement, a police

0:29:03.520 --> 0:29:07.400
<v Speaker 3>statement from somebody that was working at this Enrich clinic

0:29:07.880 --> 0:29:10.640
<v Speaker 3>talking about the fact that they don't offer bypass or

0:29:10.640 --> 0:29:15.320
<v Speaker 3>gastric bypass related surgeries. They don't currently offer liposuction, and

0:29:15.360 --> 0:29:19.600
<v Speaker 3>they really only offer cosmetic procedures for skin, nails, and hair.

0:29:20.040 --> 0:29:22.760
<v Speaker 3>And it was at that point that Aaron Patterson agreed

0:29:22.760 --> 0:29:25.800
<v Speaker 3>that yes, she must have been confused or mistaken and

0:29:25.840 --> 0:29:29.520
<v Speaker 3>that they didn't offer this gastric bypass related surgery.

0:29:29.640 --> 0:29:31.840
<v Speaker 4>Here's a little bit of that evidence as.

0:29:31.680 --> 0:29:35.640
<v Speaker 2>The jury heard it between Nnette Rogers sc and also

0:29:35.840 --> 0:29:36.600
<v Speaker 2>Aaron Patterson.

0:29:36.800 --> 0:29:38.920
<v Speaker 1>Now that you've had a chance to see and read

0:29:38.960 --> 0:29:42.479
<v Speaker 1>that material. Firstly, do you accept that the Enrich Clinic

0:29:42.800 --> 0:29:46.560
<v Speaker 1>does not offer, and has never offered, gastric bypass surgery?

0:29:46.960 --> 0:29:47.160
<v Speaker 5>Yes.

0:29:47.720 --> 0:29:51.400
<v Speaker 1>Secondly, do you accept that the Enriched Clinic does not offer,

0:29:51.520 --> 0:29:55.760
<v Speaker 1>and has never offered pre surgery assessments relating to gastric

0:29:55.800 --> 0:29:56.760
<v Speaker 1>bypass surgery?

0:29:57.040 --> 0:29:57.360
<v Speaker 6>I do.

0:29:57.880 --> 0:30:01.000
<v Speaker 1>And thirdly, do you accept that the in Rich Clinic

0:30:01.240 --> 0:30:05.880
<v Speaker 1>only conducts examinations and procedures relating to the skin and

0:30:05.960 --> 0:30:08.440
<v Speaker 1>its appendages such as hair and nails.

0:30:08.840 --> 0:30:09.080
<v Speaker 5>I do.

0:30:10.200 --> 0:30:12.880
<v Speaker 2>When we saw Colin Mandy sc get up for his

0:30:12.920 --> 0:30:16.400
<v Speaker 2>re examination, which happens after we heard a little bit

0:30:16.440 --> 0:30:19.280
<v Speaker 2>earlier in this episode, Nanette Rogers say that she had

0:30:19.320 --> 0:30:24.080
<v Speaker 2>no further questions. He immediately spoke about the gastric bypass

0:30:24.360 --> 0:30:27.800
<v Speaker 2>surgery and the plans for that, And in that Colin

0:30:27.840 --> 0:30:31.320
<v Speaker 2>Mandy told the jury that his instructors, the lawyers that

0:30:31.400 --> 0:30:34.360
<v Speaker 2>help him, had gone and as part of this got

0:30:34.400 --> 0:30:35.840
<v Speaker 2>a little bit more information.

0:30:36.000 --> 0:30:38.000
<v Speaker 3>Yeah, they did a web search, is what the jury

0:30:38.000 --> 0:30:42.200
<v Speaker 3>were told. And in that web search he explained that

0:30:42.440 --> 0:30:46.080
<v Speaker 3>liposuction was available back in twenty twenty three, when Aaron

0:30:46.120 --> 0:30:48.680
<v Speaker 3>Patterson would have made that appointment. She says she made

0:30:48.720 --> 0:30:51.240
<v Speaker 3>the appointment for the thirteenth of September twenty twenty three,

0:30:51.280 --> 0:30:54.520
<v Speaker 3>but actually ended up canceling it a couple of days before.

0:30:54.560 --> 0:30:57.920
<v Speaker 3>But yeah, so they don't offer liposuction surgery at the moment,

0:30:57.960 --> 0:31:01.040
<v Speaker 3>but they did back in that twenty twenty three periods.

0:31:01.040 --> 0:31:03.280
<v Speaker 3>So that was the clarification that Colin Mandy was seeking

0:31:03.280 --> 0:31:03.640
<v Speaker 3>to make.

0:31:03.960 --> 0:31:07.120
<v Speaker 2>Yeah, and he also took Aaron Patterson and the jury

0:31:07.200 --> 0:31:10.240
<v Speaker 2>through some other elements from that website where it said

0:31:10.560 --> 0:31:14.240
<v Speaker 2>that these particular clinic had moved suburbs from Armadale in

0:31:14.280 --> 0:31:17.840
<v Speaker 2>Melbourne to South Yarra in Melbourne, and he's brought that

0:31:17.960 --> 0:31:20.200
<v Speaker 2>to Aaron Patterson. He also took her through some of

0:31:20.200 --> 0:31:23.280
<v Speaker 2>her phone records. It's saying he says that this showed

0:31:23.320 --> 0:31:25.560
<v Speaker 2>she'd made the clinic, that the appointment at the clinic,

0:31:25.560 --> 0:31:27.800
<v Speaker 2>and then also that she received a text message warning

0:31:27.840 --> 0:31:30.400
<v Speaker 2>her that there was in the forty eight hour period

0:31:30.440 --> 0:31:32.200
<v Speaker 2>if you want to cancel, you need to do it

0:31:32.200 --> 0:31:34.080
<v Speaker 2>now or you'll be charged. And she agreed she did

0:31:34.120 --> 0:31:36.920
<v Speaker 2>cancel that. Now here's a little bit of this evidence

0:31:37.000 --> 0:31:40.080
<v Speaker 2>that was put to Aaron Patterson by Colin Mandy, her barrister.

0:31:40.360 --> 0:31:41.720
<v Speaker 4>It's voiced by actors.

0:31:42.160 --> 0:31:46.320
<v Speaker 6>It says live persuction with doctor Michael Rich. As of

0:31:46.360 --> 0:31:50.120
<v Speaker 6>thirtieth of the sixth, twenty twenty four, doctor Rich will

0:31:50.160 --> 0:31:53.080
<v Speaker 6>not be offering life persuction as a treatment option to

0:31:53.120 --> 0:31:53.880
<v Speaker 6>our patients.

0:31:54.120 --> 0:31:54.920
<v Speaker 5>Yep, I see that.

0:31:55.360 --> 0:31:58.160
<v Speaker 6>What was your understanding about what was being offered by

0:31:58.240 --> 0:32:00.080
<v Speaker 6>Enriched Clinic as of July twenty twenty.

0:32:00.760 --> 0:32:03.640
<v Speaker 5>Well, I understood them to be offering life persuction, and

0:32:03.720 --> 0:32:06.320
<v Speaker 5>I also believe they offered the full range of weight

0:32:06.360 --> 0:32:09.760
<v Speaker 5>loss surgery treatments like the bypass and the sleeve. I

0:32:09.800 --> 0:32:11.560
<v Speaker 5>think they're two different types of things.

0:32:11.600 --> 0:32:13.960
<v Speaker 6>But yeah, why did you cancel the appointment?

0:32:16.080 --> 0:32:19.040
<v Speaker 5>It was a difficult time. It was a very difficult time.

0:32:19.440 --> 0:32:22.800
<v Speaker 6>And do you accept now from this material that you

0:32:22.880 --> 0:32:26.960
<v Speaker 6>were mistaken about the fact that Enriched Clinic offered gastric

0:32:27.000 --> 0:32:27.840
<v Speaker 6>bypass surgery?

0:32:28.280 --> 0:32:30.560
<v Speaker 5>Yes, I was obviously mistaken. Yes.

0:32:31.120 --> 0:32:33.040
<v Speaker 4>Now was more of the re examination.

0:32:33.160 --> 0:32:35.520
<v Speaker 2>It was only around half an hour that Colin Mandy

0:32:35.640 --> 0:32:38.080
<v Speaker 2>spoke with his client at the very end of her

0:32:38.080 --> 0:32:40.520
<v Speaker 2>evidence in front of the jury. He asked her a

0:32:40.600 --> 0:32:44.719
<v Speaker 2>multiple questions sort of on a few different topics, and

0:32:44.840 --> 0:32:48.640
<v Speaker 2>those included per potassium levels and the questions that she

0:32:49.000 --> 0:32:52.040
<v Speaker 2>had asked. She says of medical staff when she was

0:32:52.080 --> 0:32:55.160
<v Speaker 2>feeling unwell on the thirty first of July, a few

0:32:55.240 --> 0:32:58.360
<v Speaker 2>days after the lunch. Now, she told the jury that

0:32:58.440 --> 0:33:01.520
<v Speaker 2>she had been tested for potassium around that time and

0:33:01.520 --> 0:33:03.880
<v Speaker 2>that it was about two point six or a higher level,

0:33:04.080 --> 0:33:06.000
<v Speaker 2>and that come the morning when she was talking with

0:33:06.040 --> 0:33:08.360
<v Speaker 2>a toxicologist, that had come right back down, and she'd

0:33:08.360 --> 0:33:12.719
<v Speaker 2>had two potassium supplements overnight in relation to those. She

0:33:12.800 --> 0:33:15.560
<v Speaker 2>also was asked by her barrister about what's been called

0:33:15.560 --> 0:33:18.720
<v Speaker 2>some of the cooler Master evidence. This is a computer

0:33:18.840 --> 0:33:21.080
<v Speaker 2>that she says came from her son's room that was

0:33:21.120 --> 0:33:25.040
<v Speaker 2>examined by police, and she explained that when she was

0:33:25.080 --> 0:33:29.200
<v Speaker 2>being asked questions earlier by the prosecution, and she insinuated

0:33:29.240 --> 0:33:32.360
<v Speaker 2>that maybe she had been using the computer at that time,

0:33:32.400 --> 0:33:34.880
<v Speaker 2>maybe it was her children. She said she didn't really

0:33:34.920 --> 0:33:37.080
<v Speaker 2>have an exact memory of that time, that she still

0:33:37.080 --> 0:33:40.720
<v Speaker 2>didn't of seeing these I Naturalist posts or making particular purchases,

0:33:40.760 --> 0:33:43.560
<v Speaker 2>but she accepts that she definitely could have been her.

0:33:43.640 --> 0:33:45.800
<v Speaker 2>That she just answered in that way because she didn't

0:33:45.800 --> 0:33:49.000
<v Speaker 2>have that exact memory. And then she also was taken

0:33:49.520 --> 0:33:51.840
<v Speaker 2>to two other elements involving her children, and this is

0:33:51.880 --> 0:33:55.400
<v Speaker 2>where she became a little bit teary. On one occasion,

0:33:55.680 --> 0:33:57.920
<v Speaker 2>the defense asked her a little bit about a ballet

0:33:58.040 --> 0:34:01.200
<v Speaker 2>lesson that she said her daughter had that she says

0:34:01.240 --> 0:34:03.520
<v Speaker 2>she needed to go pack her bag for when she

0:34:03.640 --> 0:34:06.400
<v Speaker 2>left the Lee and Gatha Hospital the first time, and

0:34:06.760 --> 0:34:10.400
<v Speaker 2>she said that yes, she did definitely have this rehearsal booked,

0:34:10.719 --> 0:34:13.120
<v Speaker 2>and her barrister took her through that it had to

0:34:13.160 --> 0:34:15.720
<v Speaker 2>be canceled and have a look at these text messages

0:34:15.880 --> 0:34:18.360
<v Speaker 2>that she says with her estranged husband canceling those, and

0:34:18.400 --> 0:34:20.960
<v Speaker 2>that's when she became a little bit teary speaking about

0:34:20.960 --> 0:34:24.080
<v Speaker 2>her daughter. And then she was taken to tie ab

0:34:24.120 --> 0:34:27.319
<v Speaker 2>An area in Gippsland to the airport there the day

0:34:27.360 --> 0:34:29.840
<v Speaker 2>after the lunch for her son to have a flying lesson,

0:34:29.840 --> 0:34:32.520
<v Speaker 2>and again this is where she became a little bit teary,

0:34:32.560 --> 0:34:35.480
<v Speaker 2>and in her words, she said that she didn't want

0:34:35.480 --> 0:34:38.200
<v Speaker 2>to cancel on him because he was really passionate about

0:34:38.200 --> 0:34:40.400
<v Speaker 2>this and he'd had a lot of canceled.

0:34:40.000 --> 0:34:42.040
<v Speaker 4>Lessons and that she didn't want to disappoint him.

0:34:42.040 --> 0:34:45.360
<v Speaker 2>But then it got again errand to a different point

0:34:45.400 --> 0:34:48.319
<v Speaker 2>where things became much more serious and we heard some

0:34:48.400 --> 0:34:50.400
<v Speaker 2>final things from the defense barrister.

0:34:51.040 --> 0:34:51.279
<v Speaker 1>Yeah.

0:34:51.280 --> 0:34:55.400
<v Speaker 3>The judge turned at this point to Colin Mandy and says,

0:34:55.800 --> 0:34:58.239
<v Speaker 3>does the defense close its case? Is this where we're

0:34:58.280 --> 0:35:02.080
<v Speaker 3>at now? And Colin Mandy agreed, and here's some of

0:35:02.080 --> 0:35:02.680
<v Speaker 3>the words that.

0:35:02.680 --> 0:35:06.240
<v Speaker 6>The jury heard, and that closes your case. It does

0:35:06.640 --> 0:35:09.799
<v Speaker 6>your honor all right, Well, ladies and gentlemen, that's the

0:35:09.800 --> 0:35:12.160
<v Speaker 6>completion of the evidence in this case.

0:35:12.840 --> 0:35:15.680
<v Speaker 2>Now, the jury has been told at the completion of

0:35:15.760 --> 0:35:18.800
<v Speaker 2>this part of the trial, the completion of Aaron Patterson's evidence,

0:35:18.800 --> 0:35:21.160
<v Speaker 2>that there needs to be some legal discussions, that there's

0:35:21.360 --> 0:35:24.360
<v Speaker 2>some legal responsibilities that the judge has in the way,

0:35:24.360 --> 0:35:27.920
<v Speaker 2>that he will give some directions later on to the jury,

0:35:28.080 --> 0:35:30.080
<v Speaker 2>and that they don't need to be present for that,

0:35:30.120 --> 0:35:32.160
<v Speaker 2>and he didn't want them to wait around. So they

0:35:32.200 --> 0:35:34.319
<v Speaker 2>were told that they can go home for the day.

0:35:34.400 --> 0:35:36.799
<v Speaker 3>Yeah, they were sent home earlier. There was a few

0:35:36.840 --> 0:35:40.239
<v Speaker 3>smiles on that some of the juror's faces. Has been

0:35:40.280 --> 0:35:42.200
<v Speaker 3>a long week and a few of them looked like

0:35:42.200 --> 0:35:45.439
<v Speaker 3>they couldn't get up to get out soon enough. They

0:35:45.480 --> 0:35:49.080
<v Speaker 3>have been told, though, what will happen next is that

0:35:49.200 --> 0:35:54.279
<v Speaker 3>once these legal discussions have concluded, that they'll descend into

0:35:54.320 --> 0:35:58.280
<v Speaker 3>what it called final closing submissions. The prosecution will go first.

0:35:58.560 --> 0:36:00.520
<v Speaker 3>They're expected to take a couple of days where they

0:36:00.560 --> 0:36:02.920
<v Speaker 3>sum up their case. Then the defense will take a

0:36:02.960 --> 0:36:05.319
<v Speaker 3>couple of days, potentially one or two days to sum

0:36:05.440 --> 0:36:08.080
<v Speaker 3>up their case before we may have another day off,

0:36:08.120 --> 0:36:11.160
<v Speaker 3>and then the judge will give the jury what's called

0:36:11.200 --> 0:36:13.799
<v Speaker 3>his charge, his instructions before they go out to do

0:36:13.880 --> 0:36:14.919
<v Speaker 3>final deliberations.

0:36:15.160 --> 0:36:18.000
<v Speaker 2>The jury was told to keep an eye on their phones,

0:36:18.239 --> 0:36:20.600
<v Speaker 2>and they now have been told that they will not

0:36:20.680 --> 0:36:23.480
<v Speaker 2>be sitting on the Friday, the final day of this

0:36:23.520 --> 0:36:25.799
<v Speaker 2>particular week that we're recording, and that they're going to

0:36:25.880 --> 0:36:28.719
<v Speaker 2>have a long weekend, so we'll bring you another episode

0:36:28.760 --> 0:36:29.759
<v Speaker 2>when the jury.

0:36:29.560 --> 0:36:31.160
<v Speaker 4>Is back in the courtroom.

0:36:31.880 --> 0:36:34.280
<v Speaker 2>Thank you for listening to this episode of Say Grace.

0:36:34.440 --> 0:36:36.359
<v Speaker 2>Please press the follow button in your app to get

0:36:36.400 --> 0:36:38.680
<v Speaker 2>our next episodes as soon as we publish.

0:36:38.920 --> 0:36:41.120
<v Speaker 3>For more reporting on the case, check out the Age

0:36:41.120 --> 0:36:43.120
<v Speaker 3>and nine News in your browser or app store.

0:36:43.239 --> 0:36:45.560
<v Speaker 2>We'd like to acknowledge the traditional owners of the land

0:36:45.600 --> 0:36:48.440
<v Speaker 2>that this podcast was recorded on and wherever you're listening

0:36:48.520 --> 0:36:49.040
<v Speaker 2>to it now.

0:36:49.360 --> 0:36:52.360
<v Speaker 4>Say Grace is created and hosted by me Penelope.

0:36:52.000 --> 0:36:53.640
<v Speaker 3>Lesh and me Aaron Pearson.

0:36:54.120 --> 0:36:56.399
<v Speaker 2>This podcast is produced by Genevieve Rule