Latest news with #JusticeBeale
News.com.au
5 days ago
- General
- News.com.au
Erin Patterson trial: Update on trial progress as alleged poisoner poised to return to witness box
The Supreme Court judge overseeing Erin Patterson's triple-murder trial has given jurors an update on what to expect in the coming weeks. Addressing the 14-person panel about midday on Thursday, Justice Christopher Beale told jurors the trial length had 'probably been on your minds'. Justice Beale said at the start of Ms Patterson's trial six weeks ago he'd given jurors an estimate of six weeks and, while he would not provide an updated time frame, he would summarise 'how things will play out from here on'. 'It's likely that Ms Patterson will be in the witness box for the rest of the week and probably into early next week,' he said. 'After she has completed giving evidence, it will be necessary, or the law requires it for me to have some legal discussions with the parties. 'And those discussions could take a couple of days.' Justice Beale said this could see out the hearings next week, which will be a day short due to the King's Birthday public holiday in Victoria. Justice Beale said the discussion would include whether there is to be any more evidence in the case and what directions of the law would be necessary for him to give at the end of the trial. After all evidence had been adduced, the judge said the prosecution and defence would deliver their closing addresses which could take a couple of days. 'And then my final directions to you, which involves three parts: giving you directions about legal principles that apply in this case, which takes quite a bit of time; identifying for you the key issues in the case and summarising for you the evidence and arguments in relation to those issues; that also takes a fair time,' Justice Beale said. 'So I haven't put a figure on it, but I have tried to put you in the picture as to how this is going to play out and it may be necessary for you to make some arrangements.' Following this, Justice Beale said the jurors would be given 'all the time you need' to decide the facts of the case. Ms Patterson is facing trial after pleading not guilty to the murder of her husband's parents and aunt, and the attempted murder of his uncle. Don and Gail Patterson, and Gail's sister, Heather Wilkinson, died in hospital in the week after eating a beef wellington lunch at Ms Patterson's home on July 29, 2023. Heather's husband, Ian Wilkinson, survived after spending about a month and a half in hospital. Prosecutors allege the accused woman deliberately spiked the lunch with death cap mushrooms. Her defence accepts there were death cap mushrooms in the meal but argues she did not intentionally poison anyone and the case is a 'tragic accident'. The trial continues.
Daily Mail
15-05-2025
- Daily Mail
Major twist as judge acts after shock tip-off about one of the jurors in the Erin Patterson trial
The Erin Patterson trial has suffered the surprise loss of a juror mid-trial after the judge was given new information about him. Justice Christopher Beale discharged a male juror on Thursday after the judge was alerted that the man had been discussing the trial outside of court. Bringing the jury in late, Justice Beale explained why the juror would no longer be seated alongside them for the duration of the trial. 'I'm not going to ask you questions, I just want to give you some information,' he said. 'Under Section 43 of the Juries Act I have the power to discharge a juror if it appears to me a juror should not continue to act as a juror.' The jury was told the juror would not be coming back. 'A few moments ago, I discharged juror 84, I did so because, and as I explained to him, I received information that he had been discussing the case with family and friends, contrary to my instructions,' Justice Beale said. He told the jury the information he received about the juror seemed 'credible' and therefore had no choice but to let him go. 'I was of the view that it was, at least, a reasonable possibility that the information I received was credible,' he said. Justice Beale reminded the jury to refrain from talking about the trial to anyone other than other jurors. 'I want to remind you of my directions that you should only discuss the case with your fellow jurors in the privacy of the jury room (and) not discuss it with anyone else, it's vital to the administration of justice,' he said. Justice Beale described the incident as an 'unhappy note' and urged the jurors to continue to perform their jobs diligently. 'I hasten to add that I have not made a positive finding that juror number 84 discussed the case with family and friends but neither could I dismiss the possibility that he had. 'As I said, I was of the view that it was a reasonable possibility that he had breached my instructions,' he said. 'I've directed him not to contact any of you, directly or indirectly, and I likewise give you the similar direction. 'You are not to contact him directly or indirectly whilst this trial is continuing, alright, on that unhappy note we're now ready to resume the trial.' JURIES ACT 2000 - SECTION 43 A judge may, during a trial, discharge a juror without discharging the whole jury if: (a) it appears to the judge that the juror is not impartial; or (b) the juror becomes incapable of continuing to act as a juror; or (c) the juror becomes ill; or (d) it appears to the judge that, for any other reason, the juror should not continue to act as a juror. The original 15-person jury had been selected from a pool of 120 people from in and around the Gippsland area where the trial is taking place. While the loss of the juror comes as a major inconvenience, the trial needs just 12 jurors to make it until the end. The remaining jurors will then be balloted off. When the trial recommenced, the jury heard from child protection practitioner Katrina Cripps. Ms Cripps told the jury she believed Patterson had eaten 'half' of her portion of beef Wellington during the fateful lunch. Ms Cripps had spoken to Patterson in the days after the lunch. 'I don't believe she ate it all,' Ms Cripps said. Ms Cripps said Patterson told her the lunch guests chose their plates and she took the last one. Patterson also indicated she put two plates aside for her children. Patterson has pleaded not guilty to murdering her estranged husband Simon Patterson's parents Don and Gail Patterson, and Gail's sister, Heather Wilkinson. They died after consuming death cap mushrooms served in a beef Wellington during lunch at her Leongatha home in the state's east. Pastor Ian Wilkinson was the only guest to survive the toxic lunch. He appeared in court on Thursday seated at the front of the court room after concluding his own evidence in the opening days of the trial. Ms Cripps said she visited the children and Patterson's estranged husband Simon at the Monash Children's Hospital on August 2. The jury heard Ms Cripps said she spoke to Patterson at 2.55pm - which was the first time she had ever talked to her. She said Patterson told her she had the children during the week and Simon had them on weekends. Patterson told Ms Cripps the children talked about not wanting to stay at their dad's on weekends anymore because he was 'sleeping a lot'. Patterson said Simon had become 'mean and nasty' after an issue with child support was raised, the jury heard. Ms Cripps said Patterson told her Simon had been 'controlling and emotionally abusive', which caused her to doubt her ability as a mother and dented her self-esteem. The jury also heard from Doctor Dimitri Gerostamoulos, head of forensic science at the Victorian Institute of Forensic Medicine and the state's chief toxicologist. Dr Gerostamoulos told the court just three table spoons of death cap mushrooms would be enough to kill an adult weighing 70kgs. The jury heard the devastating effects death caps had on the body once consumed. Dr Gerostamoulos said poisoning victims would experience vomiting, diarrhoea and progressively get worse without treatment. He told the court that the body was unable to process the toxin as it would a normal drug. Dr Gerostamoulos told the jury no trace of the toxin had been found in Patterson or her children. Nor was it found in Heather Wilkinson or Gail Patterson. However, it was found in Don and Ian Wilkinson. The jury was shown images of two beef Wellington's retrieved from Patterson's home after the lunch. An analysis of the contents found mushroom paste within the paste-sized Wellingtons found traces of beta-amanitin - the calling card of death cap mushrooms. Several samples from the dehydrator tested positive for both alpha and beta amanitin. The trial continues.
NZ Herald
29-04-2025
- NZ Herald
Australian mushroom deaths: Charges dropped as jury hears triple-murder case
Justice Beale said the charges related to previously alleged attempts on Patterson's husband Simon Patterson's life. 'You may be aware the accused was charged with three counts of attempted murder in relation to Simon Patterson. Those charges have been discontinued by the Director of Public Prosecutions,' he said. 'In other words, those charges have been dropped and you must put them out of your mind.' His comments came as the judge was instructing the jurors that they would decide the case solely on the evidence adduced in the trial and not on any media coverage of the allegations. Justice Beale said they must ignore anything seen in the media or on social media about the case. 'Don't risk your opinion as judges of the facts from being contaminated, you must base your decisions based only on the evidence in this court,' he said. Simon Patterson's parents, Don and Gail Patterson, both 70, and Gail's sister, Heather Wilkinson, 66, fell ill and died after attending the lunch at Patterson's Leongatha home. Wilkinson's husband, Korumburra Baptist Church pastor Ian Wilkinson, also fell ill but survived following a stint in hospital. Prosecutors will allege Simon Patterson's parents and aunt and uncle consumed deadly death cap mushrooms in a beef wellington lunch prepared by Patterson. Earlier on Tuesday, a jury panel was selected from a pool of about 120 residents from the surrounding Gippsland region through a random ballot to hear the up to six-week-long trial. Under Victorian law media are unable to publish any detail that could lead to the identification of the 10 men and five women who make up the jury. The process began at 11.30am on Tuesday as the large group of Victorians called up for jury duty gathered at the Latrobe Valley court precinct. The trial is being held in Victoria's Gippsland region, about 45 minutes from Patterson's Korumburra home and about two hours east of Melbourne. After jurors have received Justice Beale's instructions, the trial will hear the Crown's case against Patterson and the defence response, likely on Wednesday. Her defence team is spearheaded by experienced barrister Colin Mandy, SC, while Crown prosecutor Nannette Rogers, SC, will run the state's case against Patterson. The trial, before Justice Beale, is expected to last for five to six weeks.
