11 hours ago
Erin Patterson mushroom murder trial LIVE updates: Judge gives the jury his final instructions before they decide the fate of accused mushroom killer
Follow Daily Mail Australia's live coverage of accused mushroom chef Erin Patterson 's murder trial at Latrobe Valley Magistrates' Court in Morwell, Victoria.
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22:22
The eight topics the prosecution alleged were 'inconsistent statements'
Justice Beale yesterday took the jury through the 'alleged prior inconsistent statements by the accused'.
He told the jury the prosecution wanted him to highlight the eight 'topics' of alleged inconsistent statements.
The topics Justice Beale listed are:
1. Whether the accused had a tendency to pick and eat wild mushrooms between 2020 and 2023.
2. Whether the children were invited to or free to attend the lunch on July 29.
3. The source of the mushrooms that went into the beef Wellingtons.
4. How much the accused ate of her beef Wellington.
5. How much Gail Patterson ate of her beef Wellington.
6. When the accused claimed she started to experience diarrhoea.
7. Whether the accused knew or suspected the lunch was the cause of Don and Gail's illness only in the evening of Sunday July 30, 2023.
8. Whether the accused knew that Donald and Gail Patterson were in comas by the morning of Tuesday, August 1, 2023.
22:22
The five key witnesses in prosecution case
Justice Beale said five prosecution witnesses were of note: the first being Simon Patterson (pictured).
Justice Beale discussed Patterson's relationship with her husband over the years
The jury heard Simon said his friendship with Patterson had been 'strong' until late-2022.
Simon said the lunch invite came off the back of information related to a 'medical issue'.
The jury was reminded about this line of questioning, which took place in the opening days of the trial.
Simon told the jury Patterson had wanted to talk about 'this serious matter' at the lunch.
Justice Beale said Simon had been challenged on his recollection of the matter being described as 'important' or 'serious'.
The jury heard Simon had not used those words in his police statement.
Justice Beale said the other key witnesses were Ian Wilkinson, Leongatha Hospital doctor Dr Chris Webster, Patterson's sister-in-law Tanya Patterson and health department officer Sally Ann Wilkinson.
22:21
If jury believe Patterson they should find her 'not guilty'
Justice Beale reminded the jury Patterson (pictured) did not need to give evidence.
He said she 'undertook to tell the truth' but her evidence should be assessed the same way as anyone else who gave evidence in the trial.
Justice Beale said if the jury believed Patterson, they should find her not guilty.
'It's not enough that you prefer the prosecution case to Ms Patterson's evidence,' he said.
'The prosecution must establish her guilt beyond reasonable doubt.'
22:20
Jury told to not let sympathy affect their verdict
Yesterday, Justice Beale said the case must be decided on the evidence alone and the jury should not be prejudiced about Patterson's various lies.
He urged them not to let sympathy for anyone involved hamper their judgement.
'This is court of law, not a court of morals,' Justice Beale said.
'I'll give you directions later about the legitimate use you can make of any proven lies or proven attempts by her to dispose of or conceal evidence, but you must resist mere bias or prejudice, nor must you let sympathy for the extended Patterson or Wilkinson families [affect] your judgment.
'Don't misunderstand me, I'm not asking you to be inhuman, none of us are robots.
'Any decent person would feel great sympathy for the Patterson (Don and Gail pictured) and Wilkinson families, given what has befallen them, but you must scrupulously guard against that sympathy interfering with the performance of your duty.
'So emotions such as prejudice and sympathy must have no part to play in your decision...
'Remember you are judges of facts… you must act like judges, good judges.'
22:20
Patterson judge to continue his address to the jury
Justice Christopher Beale commenced his address to the jury - or 'charge' - yesteday morning after giving jurors a four-day weekend to prepare for the closing stage of the marathon Erin Patterson murder trial.
Justice Beale indicated yesterday that his address will likley last until sometime Thursday after yesterday telling jurors 'not to bring their toothbrush' today.
Patterson, 50, is accused of murdering her in-laws, Don and Gail Patterson, and Gail's sister, Heather Wilkinson, after allegedly serving them a beef Wellington lunch made with death cap mushrooms.
Patterson is also accused of attempting to murder Heather's husband, pastor Ian Wilkinson, (both pictured) who survived the lunch after spending several weeks in an intensive care unit.
The court heard Patterson's estranged husband, Simon, was also invited to the gathering at her home in Leongatha, in Victoria's Gippsland region, but didn't attend.
Witnesses told the jury that Patterson ate her serving from a smaller, differently-coloured plate to those of her guests, who ate off four grey plates.
Patterson told authorities she bought dried mushrooms from an unnamed Asian store in the Monash area of Melbourne, but health inspectors could find no evidence of this.
