Latest / The Front / Mushroom jury’s out: Did Erin Patterson have a motive to murder?
Transcript
- 0:03Speaker 1: From The Australian. Here's what's on the front. I'm Claire Harvey.
- 0:06Speaker 1: It's Tuesday, July one, twenty twenty five. Nations prepared to
- 0:13Speaker 1: pony up on defense spending could receive new missiles from
- 0:16Speaker 1: the US ahead of Australia. The revolutionary weapons are in
- 0:20Speaker 1: hot demand, but the growing gulf between Canberra and the
- 0:22Speaker 1: White House means Australia could miss out. Former PM Paul
- 0:30Speaker 1: Keating warns the government's proposed superannuation tax could affect millions
- 0:35Speaker 1: more people than expected. That story's live now at the
- 0:39Speaker 1: Australian dot com dot Au. Its decision time for Aaron Patterson.
- 0:47Speaker 1: The jury in her Victorian Supreme Court murder trial has
- 0:51Speaker 1: started deliberations. She's pleading not guilty to three murder charges
- 0:55Speaker 1: and one of attempted murder related to a deadly family
- 0:59Speaker 1: lunch at her home in twenty twenty three. So did
- 1:03Speaker 1: she have a motive to murder? That's today's episode. Did
- 1:15Speaker 1: Aaron Patterson have a motive to kill four elderly relatives
- 1:20Speaker 1: or did she have a motive not to kill them?
- 1:23Speaker 1: That's the key consideration for a jury that's been sent
- 1:26Speaker 1: out by Justice Christopher Beale. We've used voice actors throughout
- 1:31Speaker 1: this episode. Here's what the judge told the jury before
- 1:35Speaker 1: they began deliberations.
- 1:38Speaker 2: For some murders, there may be evidence of motive, but
- 1:41Speaker 2: some murders occur for no apparent reason. The motives of
- 1:45Speaker 2: such murders might only ever be known to the accused.
- 1:50Speaker 1: Patterson has told the court she loved Don Gale Patterson,
- 1:53Speaker 1: her parents in law, and Heather and Ian Wilkinson, the
- 1:56Speaker 1: aunt and uncle of her husband. Simon Simon Patterson, was
- 2:00Speaker 1: a witness for the Crown, who told the court during
- 2:02Speaker 1: the trial, Aaron had a good relationship with his parents.
- 2:07Speaker 3: She got on particularly well with Dad. They shared a
- 2:09Speaker 3: love of knowledge in the world, and I think she
- 2:12Speaker 3: liked his gentle nature. Mum and Dad were really active
- 2:15Speaker 3: in maintaining a good relationship with Erin.
- 2:17Speaker 1: I think it was mutual, but Simon Patterson told the
- 2:21Speaker 1: jury tensions emerged after their rocky marriage ultimately ended in separation.
- 2:27Speaker 1: He said Erin was angry when she saw his tax
- 2:30Speaker 1: return in late twenty twenty two, about seven months before
- 2:34Speaker 1: the fatal lunch.
- 2:37Speaker 3: She said that she discovered that my tax return for
- 2:39Speaker 3: the previous financial year had, for the first time noted
- 2:42Speaker 3: that we were separated before that we hadn't got the
- 2:45Speaker 3: government involved in the fact we were separated at all
- 2:48Speaker 3: before then, and so she said that mattered, I think
- 2:51Speaker 3: for the family tax benefit something of that nature, and
- 2:55Speaker 3: she would be obliged to claim child sport of me,
- 2:57Speaker 3: which had never happened before. So, yeah, she pointed that out,
- 3:01Speaker 3: and that was she was upset about it.
- 3:06Speaker 1: On Monday, the jury showed up at the Marwell Courthouse
- 3:09Speaker 1: with suitcases and bags ready to move into accommodation all together.
- 3:14Speaker 1: For the duration of their deliberations. They'll be sequested, that is,
- 3:18Speaker 1: they can't go home while they deliberate, returning to the
- 3:21Speaker 1: courthouse each day to sit in the jury room and
- 3:24Speaker 1: go through the evidence. At the conclusion of Justice Bial's directions,
- 3:28Speaker 1: two jurors were ejected after their numbers were drawn in
- 3:31Speaker 1: a ballot. Only twelve can now consider the verdict.
- 3:36Speaker 2: Now, once you've reached a unanimous verdict on each of
- 3:39Speaker 2: the charges, you should push the buzzer in the jury
- 3:41Speaker 2: room and tell my tip stuff. He will then arrange
- 3:44Speaker 2: for us all to return to court.
- 3:47Speaker 1: Justice Biale said jurors are welcome to ask questions of
- 3:49Speaker 1: the court by having their four person hand. A note
- 3:52Speaker 1: to court officers.
- 3:54Speaker 2: There's one thing that must not appear in any question
- 3:57Speaker 2: that you ask, and that's the numbers. I don't want
- 4:00Speaker 2: to know about it. I don't want to hear about it.
- 4:04Speaker 2: You should only discuss the case with each other, and
- 4:06Speaker 2: you should only do that when you are altogether in
- 4:09Speaker 2: the privacy of the jury room here in court. Don't
- 4:13Speaker 2: discuss when you're at the hotel. Don't get into little
- 4:16Speaker 2: groups and have discussions about the case. To prove that
- 4:29Speaker 2: the accused is guilty of murder, the prosecution must prove
- 4:33Speaker 2: the following four elements beyond reasonable doubt. One the accused
- 4:39Speaker 2: caused the death of the deceased by serving the deceased
- 4:42Speaker 2: a poisoned meal.
- 4:44Speaker 1: The judge said it wasn't disputed that Patterson served Heather
- 4:47Speaker 1: Dawn and Gail beef Wellington's that she had made that
- 4:50Speaker 1: were poisoned with death cap mushrooms, or that this caused
- 4:53Speaker 1: their debts.
- 4:56Speaker 2: Two, the accused alleged conduct was conscious, voluntary, and deliberate. Three,
- 5:03Speaker 2: at the time of the alleged conduct, the accused intended
- 5:07Speaker 2: to kill or cause really serious injury to the deceased.
- 5:12Speaker 2: Four The accused killed the deceased without lawful justification or excuse.
- 5:18Speaker 1: The judge said there was special meaning attached to the
- 5:21Speaker 1: words conscious, voluntary, and deliberate.
- 5:24Speaker 2: The term conscious excludes the acts of an unconscious person,
- 5:28Speaker 2: such as a sleepwalker. It's amazing sometimes what sleepwalkers can.
- 5:33Speaker 1: Do, he said. Voluntary means the accused must be in
- 5:37Speaker 1: control of her actions.
- 5:40Speaker 2: This excludes the acts of a person operating in one
- 5:43Speaker 2: of the number of rare mental states where the mind
- 5:46Speaker 2: loses control of the body's actions, and the term deliberate
- 5:50Speaker 2: excludes accidental acts.
- 5:53Speaker 1: Deliberate is the most important word, because that's what's in
- 5:57Speaker 1: dispute here. The defense says Patterson accidentally included deathcap mushrooms
- 6:02Speaker 1: in the meal eaten by everyone, and that she vomited
- 6:05Speaker 1: after the meal and didn't become seriously unwell. The Crown
- 6:09Speaker 1: says Patterson made a death cap free version of the
- 6:11Speaker 1: meal for herself and poisoned the four plates intended for
- 6:15Speaker 1: her guests. In relation to Ian Wilkinson, the man who
- 6:20Speaker 1: survived although he spent weeks in hospital, Patterson faces a
- 6:24Speaker 1: different charge, attempted murder. That means the requirements are slightly different.
- 6:29Speaker 1: The jury must find that Patterson.
- 6:31Speaker 2: Consciously, voluntarily and deliberately served Ian Wilkinson a poisoned meal,
- 6:37Speaker 2: the accused alleged conduct was a more than merely preparatory
- 6:41Speaker 2: to killing Ian Wilkinson, and b immediately and not remotely
- 6:48Speaker 2: connected with killing Ian Wilkinson.
- 6:51Speaker 1: That is, she wasn't just preparing to kill Ian Wilkinson,
- 6:54Speaker 1: that she actually intended to kill him in that moment,
- 6:58Speaker 1: and that there was no lawful justice, justification or excuse
- 7:01Speaker 1: for her conduct. Coming up the points the jury can
- 7:09Speaker 1: disagree on justice, Biale told the jury they have to agree,
- 7:25Speaker 1: but not completely.
- 7:27Speaker 2: In relation to each charge. Your verdict guilty or not
- 7:31Speaker 2: guilty must be unanimous. However, this requirement does not mean
- 7:36Speaker 2: that you must all reach your verdict for the same reasons.
- 7:41Speaker 1: On Monday, he rattled through the main elements of the
- 7:43Speaker 1: way the Crown and Defense summed up their cases. On
- 7:47Speaker 1: that crucial question of motive. He started with the Crowns
- 7:51Speaker 1: doctor Nannette Rodgers, who, he said, put it like.
- 7:54Speaker 2: This, Sometimes internal motivation is only known to the person themselves.
- 8:00Speaker 2: You don't have to know why a person does it
- 8:03Speaker 2: to know that they did it. The question is not
- 8:07Speaker 2: why she did it, but the question is whether you're
- 8:09Speaker 2: satisfied beyond reasonable doubt that she did.
- 8:14Speaker 1: The judge quoted in it Rogers telling the jury about
- 8:17Speaker 1: Simon's recollection of Don and Gail Patterson being dragged into
- 8:20Speaker 1: the dispute over money, and that the accused had told
- 8:23Speaker 1: others Simon had become nasty.
- 8:26Speaker 2: Their son noticed it. He said the relationship was very negative. Also,
- 8:32Speaker 2: the children had stopped staying over at Simon's. Simon spoke
- 8:36Speaker 2: of inflammatory messages so upsetting that they decided that Gail
- 8:40Speaker 2: would not read the group messages anymore. There was a
- 8:44Speaker 2: division deeper than the family knew. She expressed her true
- 8:48Speaker 2: feelings to her online friends, told them she was an atheist.
- 8:54Speaker 2: Aaron Patterson was duplicitous. Consider the eye roll emojis in
- 8:58Speaker 2: those messages. She's seeming accepted in her evidence in chief
- 9:02Speaker 2: and cross examination that they were eye rolling emojis, then
- 9:06Speaker 2: a moment later said you can't see that they are
- 9:09Speaker 2: eye rolls.
- 9:11Speaker 1: The judge reminded the jury of Roger's reading aloud Patterson's
- 9:15Speaker 1: messages about the family, which she sent to online friends.
- 9:20Speaker 4: This family, I swear to fucking God they are lost,
- 9:23Speaker 4: cause I'm sick of this shit. I want nothing to
- 9:26Speaker 4: do with them, so fuck them. Simon's messages will just
- 9:29Speaker 4: be horrible and be gaslighting and abusive and it will
- 9:32Speaker 4: ruin my day, and his parents' messages will be more
- 9:35Speaker 4: weasel words. I don't need anything from these people.
- 9:39Speaker 1: Just as Bill then ran through the way the defense
- 9:42Speaker 1: characterize Patterson's motive not to kill.
- 9:45Speaker 2: The defense said, because they're good people. Why on earth
- 9:48Speaker 2: would anyone want to kill them? Why would Aaron Patterson
- 9:52Speaker 2: want to kill them? Because of a brief period of
- 9:55Speaker 2: tension which didn't have anything to do with the Wilkinsons.
- 9:59Speaker 2: Don and Gaie were her children's only grandparents. The prosecution
- 10:04Speaker 2: has to prove intention. Motive can be important for proof
- 10:07Speaker 2: of intention. It's usually fundamental to proof of the intention.
- 10:13Speaker 2: In the absence of a motive, intention to kill or
- 10:16Speaker 2: cause really serious injury is very unlikely. If they can't
- 10:20Speaker 2: prove a motive, you might think the prosecution falls short
- 10:24Speaker 2: of proving intention. As a matter of logic and common sense.
- 10:29Speaker 1: The judge said the defense had outlined all the good
- 10:31Speaker 1: things in Patterson's life at the.
- 10:33Speaker 2: Time, big beautiful new house, newly landscaped garden, effectively sole
- 10:39Speaker 2: custody of her two children, comfortable financially, looking forward to
- 10:44Speaker 2: returning to study. If she carried out a murder, she
- 10:47Speaker 2: would inevitably attract suspicion. Focus would be on the cook
- 10:52Speaker 2: very quickly.
- 10:55Speaker 1: He reminded the jury the defense had take an issue
- 10:57Speaker 1: with the Crown's suggestion. Patison might have thought, would all
- 11:00Speaker 1: be mistaken for food poisoning? Pretty rare.
- 11:03Speaker 2: To get four people dying from a case of food poisoning,
- 11:07Speaker 2: an investigation was inevitable. A careful murderer would know the
- 11:11Speaker 2: spotlight would be on her as soon as these people
- 11:13Speaker 2: were hospitalized. She had good reason not to harm them.
- 11:17Speaker 2: She will lose the people who support her and her children,
- 11:21Speaker 2: and she'll lose her children.
- 11:36Speaker 1: The jury in the murder trial of Aaron Patterson will
- 11:38Speaker 1: continue their deliberations on Tuesday, and you'll hear it right
- 11:41Speaker 1: here on the front when the verdict is in. Our
- 11:44Speaker 1: subscribers at the Australian dot com dot Au have been
- 11:47Speaker 1: following every twist and turn, and they'll be reading and
- 11:50Speaker 1: watching the best analysis of this and all the big stories.
- 11:53Speaker 1: Join us at the Australian dot com dot Au