THE jury has retired to consider its verdict in the marathon mushroom murder trial at Morwell.
They were released by the judge, Justice Christopher Beale at 1.02pm on Monday this week, June 30, but not before he delivered a full morning of instructions.
It added to the four days of directions from the judge last week during which he reviewed most aspects of the case, the arguments for and against, and the laws that apply to the jury’s deliberations.
When they will return with their verdict is anyone’s guess, but they can only do so between the hours of 10.30am and 4.15pm daily, Monday to Saturday.
The case, which revolves around a family lunch of poisonous beef Wellingtons, at the home of Leongatha mother of two, Erin Patterson, on Saturday, July 29, 2023, resulting in the deaths of three of Mrs Patterson’s lunch guests and the lengthy hospitalisation of a fourth, has attracted worldwide attention.
And the fact that interest has intensified, as the trial draws closer to a verdict, was evidenced by the increased media attention inside and outside the Latrobe Valley Law Courts on Monday.
All vantage points inside courtroom 4 were filled while the judge delivered his final remarks, with the forecourt outside and the footpath that lines Commercial Road in Morwell resembling an extensive TV studio as all the major TV channels, and some from overseas, set up live broadcast facilities.
Seven News Melbourne co-host Mike Amor anchored his nightly news service from outside the court, detailing not only that the jury had retired to consider its verdict but also that preparations were being made, back at Erin Patterson’s Leongatha home, for an increased media presence there over the next few days and weeks.
Over the weekend, security screens were erected at the house in anticipation of the expanding media interest but all cameras are trained on the Morwell law courts, for the time being, while they wait for an outcome in the case.
Having reviewed the case in detail last week, Justice Beale completed his lengthy charge to the jury shortly before lunchtime on Monday, rounding it out with a summary of some of the key issues in the case, including:
- Whether the accused had good reason not to kill her lunch guests
- Whether the accused had a tendency to forage for edible mushrooms
- Why she cooked the individual packages of beef Wellington
- Why the children weren’t present at the lunch
- Whether the accused ate her meal from a different plate, and
- Whether the accused engaged in allegedly incriminating conduct after the meal.
He detailed some brief closing remarks under each of those headings.
He also addressed the issue of motive, noting that while the prosecution did not have to identify a motive in the case, that it would be decided on the evidence, the issue of whether there was or wasn’t a motive was a relevant consideration to take into account when weighing all the evidence in the case and deciding whether the prosecution had satisfied the jury members, beyond reasonable doubt, that Erin Patterson had committed the alleged offences.
“Moreover, if you find that the accused had good reasons not to kill or attempt to kill her lunch guests, in short, that she had a motive not to commit the alleged offences, that is a significant consideration which you must have regard to in deciding whether the prosecution has satisfied you beyond reasonable doubt that she committed the alleged offences,” he said, referring earlier to her good relationship with her husband’s in-laws and their importance to her children.
Erin Patterson is facing three charges of murder and one of attempted murder after serving a meal to her in-laws which contained death cap mushrooms.
Three of her guests; Don and Gail Patterson and Gail’s sister Heather Wilkinson, all of Korumburra, subsequently died with a clinical diagnosis of amanita mushroom poisoning. The fourth lunch guest, Ian Wilkinson, the pastor of the Korumburra Baptist Church, survived after 54 days in hospital. Mr Wilkinson was in court as he has been since giving his evidence on Day 6 of the trial.
Erin Patterson has pleaded not guilty to all charges, maintaining that what happened on the day was a tragedy and a terrible accident.
The wait for a verdict will continue into a second day on Tuesday.
Jury cut to down to size
Before the jury retired to consider its verdict, the panel was cut down from 14 to the required 12 jurors by way of a public ballot.
The judge’s court assistant drew two names from a hat and jurors number ‘105’ and ‘106’ were discharged, thanked for their significant contribution to the system of justice in the state, and leaving with the warm appreciation of Justice Beale who offered to order exemption from jury service for 15 years.
It resulted in two male jurors being balloted out, leaving seven men and five women with the task of delivering a verdict in the case.
The jury deliberated for two hours on Monday afternoon without result, and returned to court on Monday afternoon for some final details.
Earlier, Justice Beale provided an insight into how the jury will deliver its verdict.
He said they would continue to meet daily, in the jury room at the Morwell court complex, from 10.30am to 4.15pm, until such time as they reached a unanimous decision.
They could then press a buzzer inside the jury room, alerting court staff to either a question or a decision, and the hearing would be reconvened with the judge, legal representatives, the accused Erin Patterson, the families and the media all waiting close by for the call.
In the case of a verdict, the foreperson would then be asked to deliver verdict on each of the four charges in turn.
