THE prosecution wrapped up its case just before lunch on Day 33 of the marathon mushroom murder trial in the Supreme Court at Morwell on Tuesday this week.

Crown Prosecutor Dr Nanette Rogers SC used the last moments of her closing submission to the jury to focus attention on the lies she claims the accused woman, Erin Patterson, told to police, health department officials, her estranged husband, and even her Facebook friends following the family meal at her home on July 29, 2023, out of which the three charges of murder and one of attempted murder arose.

She extended that to lies allegedly told by the accused to the jury itself during the trial, about plans to get gastric-bypass surgery from a clinic that only offered cosmetic surgical procedures including liposuction.

However, in the 15 minutes that Mrs Patterson’s defence counsel, Colin Mandy SC had with the jury prior to lunch, he reminded them that Dr Rogers’ address was not evidence.

He alleged that the prosecution had cherry-picked the evidence in the trial to support their case, providing several examples, including one close to home for two of the main protagonists in the case, separated husband and wife pair, Simon and Erin Patterson.

He claimed the prosecution had ignored the detailed memory of the Patterson’s daughter, that she noticed her mother go to the toilet 10 times on Sunday, July 30 simply because she couldn’t remember the unconnected event of going on the drive to Tyabb on Sunday afternoon for her brother’s aborted flying lesson.

Mr Mandy said peoples' recollections of events and statements could differ wildly, quite innocently, depending on the circumstances and it was with that thought in mind that the jury and the court retired for lunch.

Prior to that, Dr Rogers concluded her closing remarks, the last time the prosecution will be heard in the trial, following a presentation which took almost exactly a day and a half.

And she finished with a flourish claiming that the accused had come up with a narrative that attempted to fit the evidence already assembled against her, and if not to say she couldn’t remember or to reject the accounts given by others, even her own children.

Ultimately, she gave the jury an A, B, C, D, E, F and G guide to why they should reject the proposition that it was just a terrible accident that death cap mushrooms found their way into the meal, as follows:

A. She had prepared and allocated the meal

B. She was the only person to eat the meal without getting seriously ill

C. She knew how to use the iNaturalist website to find death cap mushrooms in her local area

D. Cell phone tower data was consistent with her visiting and remaining in those areas long enough to forage for mushrooms

E. There were remnants of death cap mushrooms in the dehydrator

F. The extent she went to concealing her primary mobile phone from police

G. The many lies that she told along the way.

She claimed Erin Patterson deliberately sourced death cap mushrooms for the meal and deliberately served death cap mushrooms to her lunch guests Don and Gail Patterson and Ian and Heather Wilkinson with the intention of killing them or causing them serious harm.

This, she said, should lead the jury to finding the accused guilty.

But, given the opportunity to start his closing remarks on behalf of Erin Patterson, Mr Mandy told the jury that there were two simple issues to be determined:

· Is there a reasonable possibility that the death cap mushrooms were put into the meal accidentally.

· Is there a reasonable possibility that Erin Patterson didn’t intend to kill the lunch guests.

If so, you will have to find her not guilty because you would have reasonable doubt, he said.

Erin Patterson has been charged with three counts of murder and one of attempted murder arising out of the lunch of beef Wellington and death cap mushrooms which she prepared for her four guests at a family lunch in Leongatha on Saturday, July 29, 2023.

She has pleaded not guilty to all charges, maintaining that what happened on that day was a tragedy and a terrible accident.

The case continues in Morwell this week with Justice Beale revealing later in the day on Tuesday that he wouldn't be starting his charge to the jury until Monday next week, potentially concluding on Tuesday afternoon. The earliest the jury could retire to consider their verdict would be Tuesday evening next week.