What Erin Patterson did along with her cell phones
Mandy turns to the prosecution’s argument that Patterson handed police a dummy telephone – Cellphone B – whereas hiding her common telephone.
He says Patterson would have both disposed of or reset her unique cell – Cellphone A – if she had deliberate the “chilly, calculated murders” claimed by the prosecution, however as a substitute she continued utilizing it after the lunch.
Mandy says the “silly factor” his shopper did was a number of manufacturing unit resets of Cellphone B, which he argues is according to somebody who had panicked.
Mandy says the police didn’t seize all units from Patterson’s Leongatha home within the August search that they later retrieved at a search in November.
He says Patterson had not hid these units.
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Up to date at 23.21 EDT
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Courtroom adjourns for break
The courtroom has adjourned for a lunch break.
Mandy will proceed delivering his closing deal with from 2.15pm.
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Up to date at 23.28 EDT
What Erin Patterson did along with her cell phones
Mandy turns to the prosecution’s argument that Patterson handed police a dummy telephone – Cellphone B – whereas hiding her common telephone.
He says Patterson would have both disposed of or reset her unique cell – Cellphone A – if she had deliberate the “chilly, calculated murders” claimed by the prosecution, however as a substitute she continued utilizing it after the lunch.
Mandy says the “silly factor” his shopper did was a number of manufacturing unit resets of Cellphone B, which he argues is according to somebody who had panicked.
Mandy says the police didn’t seize all units from Patterson’s Leongatha home within the August search that they later retrieved at a search in November.
He says Patterson had not hid these units.
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Up to date at 23.21 EDT
Dehydrator dialog a ‘turning level’, Patterson’s defence says
Mandy says a dialog between Patterson and her estranged husband, Simon, on 1 August 2023 whereas at Monash hospital was a “turning level” when her dehydrator was raised.
Patterson testified that Simon requested her if she had used a dehydrator to poison his dad and mom. Simon denied asking this.
Mandy says:
“That’s when the wheels began turning … the chances that foraged mushrooms went into the meal.”
Mandy says the “meal was clearly a suspect” and baby safety was concerned. He says the jurors know that his shopper’s life revolves round her youngsters.
“She begins panicking and she or he begins mendacity at this level.”
Mandy says if his shopper had come ahead along with her realisation at this level it “would make no distinction in any respect”.
Mandy says from this second Patterson started to “conceal that foraged mushrooms went into the meal”.
“She feared if that was came upon, she could be held accountable,” he says.
None of what she did after the lunch “may change what her intention was on the time of the lunch”, Mandy says.
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Up to date at 23.07 EDT
Mandy says one of many small variety of Asian grocers visited by Troy Schonknecht, a Monash metropolis council employee, matched the packaging that Patterson described.
“A really particular reminiscence … one you might readily settle for is true,” he says.
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The shop-bought dried mushrooms
Mandy turns to the proof about Patterson saying she purchased dried mushrooms from an Asian grocer within the months earlier than the meat wellington lunch.
He says:
“She was by no means saying to anybody she was sure which suburb the store was in.”
Mandy says the prosecution argued Patterson didn’t inform well being officers what the dried mushroom packaging seemed like till in a while. However he says the 4 medical witnesses who first spoke to her concerning the Asian grocer didn’t ask her this. He says they requested if she nonetheless had the packaging.
“It’s an instance of answering the query you’re being requested,” he says.
“You want to take into consideration the query [Patterson was] being requested to evaluate the reply in gentle of it.”
Mandy says division of well being official Sally Ann Atkinson was the primary one who requested Patterson what the packing seemed like and “Erin answered it”.
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Proof reveals Patterson was unwell after lunch, defence says
Mandy turns to the proof about whether or not his shopper was unwell after the meat wellington lunch.
He says his shopper’s diarrhoea had not subsided with out medical intervention when she attended hospital two days after the lunch.
He factors to a few check outcomes which confirmed Patterson was unwell which don’t depend on her self-reports:
1. Low potassium
2. Elevated hemoglobin stage
3. Elevated fibrinogen
Mandy reminds the jury of proof from Prof Andrew Burston, who reviewed Patterson’s medical information however didn’t assess her. He stated Patterson’s medical outcomes from 31 July 2023 confirmed she offered with a “delicate stage of dehydration according to a diarrhoeal sickness”.
“The proof helps Erin Patterson turning into unwell from the lunch,” Mandy says.
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Up to date at 22.16 EDT
Patterson youngsters’s consumption of leftover meat
Mandy says the jury haven’t heard any skilled proof about whether or not Patterson’s youngsters would turn into unwell from consuming the leftover beef wellington meat with the mushrooms scraped off.
He says the jury can’t rule out different potentialities such because the dying cap mushroom toxins not being absorbed into the meat.
Mandy factors to proof about some samples of the leftovers being destructive for these toxins whereas others had been optimistic.
“Does this not present that the distribution of amatoxins could be very inconsistent with these samples?”
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Defence turns to argument about youngsters being examined
Mandy turns to the prosecution’s argument about Patterson’s reluctance to have her youngsters medically examined.
He says the prosecution argues it is because she knew that they had not eaten the poisoned beef wellington leftovers.
Mandy says Patterson organized for her youngsters to be examined when the problem was first raised with Dr Veronica Foote when Patterson returned to Leongatha hospital.
“As soon as Erin understood the considerations, she made these preparations,” he says.
Nurse Kylie Ashton stated the youngsters consuming leftovers was first raised throughout Patterson’s preliminary presentation at hospital and never later with Foote. Mandy beforehand stated this testimony was not according to the proof of different medical witnesses.
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Up to date at 22.14 EDT
Mandy turns to the prosecution’s argument that his shopper averted medical remedy as a result of she knew she didn’t have dying cap mushroom poisoning.
Mandy says proof that Patterson was initially reluctant to obtain remedy is contradictory to an individual faking an sickness.
“In case you’re pretending to be sick, you’re going to be saying to the medical employees: ‘hook me up, pump me full of medicine …’”
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Up to date at 21.44 EDT
Mandy says the prosecution argued Patterson’s telephone information confirmed she didn’t merely go house after which return to the hospital after she discharged herself.
The prosecution stated the information had been according to Paterson travelling south-west of Leongatha.
Mandy says the placement timeline reveals the connections to Outtrim on that event had been for “lower than three minutes”.
Telecommunications skilled Dr Matthew Sorell supplied different potentialities which the prosecution ignored, Mandy says.
He factors to Sorell saying one clarification was that the telephone was pinging one other base station as they moved from the entrance to the again of their home.
Erin Patterson’s defence lawyer, Colin Mandy SC. {Photograph}: Asanka Ratnayake/Getty ImagesShare
Up to date at 21.43 EDT
Defence turns to why Patterson discharged herself from hospital
Mandy turns to the proof about Patterson discharging herself from Leongtha hospital in opposition to medical recommendation two days after the lunch.
Mandy says his shopper testified that she arrived on the hospital pondering she would simply be admitted to get some fluids for gastroenteritis.
“She was not ready for what she walked into … The place she was advised she’d be admitted and transferred to a distinct hospital in Melbourne,” he says.
“She was not refusing remedy. She was saying there have been issues she wanted to do earlier than she was admitted and transferred.
“She was struggling to course of what she was being advised.”
Mandy says Patterson’s thoughts turned to the “sensible concerns”.
Patterson advised the jury she left the hospital to pack her daughter’s ballet bag and attend to her pets.
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Espresso or tea and a visit to Tyabb
Mandy says Patterson’s son advised police he noticed his mom ingesting a espresso the morning after the lunch. Patterson, who stated she had diarrhoea at this level, stated she was ingesting natural tea.
He rhetorically asks if Patterson son was “watching his mom like a hawk all morning?”
Mandy says Patterson’s son was not centered on his mom. He accuses the prosecution of ignoring different proof from Patterson’s son that his mom “didn’t sound like her completely happy self” that morning.
Mandy turns to the proof about Patterson driving her son to a flying lesson in Tyabb, which was later cancelled, the day after the lunch.
“The crown concept, after all, is that she is faking being unwell,” Mandy says.
“Why would she go on this journey to Tyabb if she was faking being unwell?”
Patterson advised the jury that on the journey to Tyabb she pulled over on the freeway and went to the bathroom in a bush. Patterson’s son advised police he didn’t keep in mind his mom going to the bathroom, or any stops on the journey.
That is regardless of the jury seeing CCTV footage of Patterson stopping at a service station en path to Tyabb.
Mandy says Patterson’s son didn’t recall the bathroom cease or service station cease.
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Up to date at 21.20 EDT
Mandy touches on his deal with yesterday the place he stated Patterson could have turn into unwell sooner than her lunch company as a result of she was tasting the mushroom duxelles for the meat wellington whereas she was cooking it.
Patterson testified that she added dried mushrooms to the dish after she tasted it and observed it was bland. Patterson advised the trial it was potential she had added foraged mushrooms to a Tupperware container with store-bought dried mushrooms that she used within the dish.
Mandy acknowledges there isn’t any proof that Patterson tasted the dish after including the dried mushrooms.
He tells the jury: “However utilizing your widespread sense you would possibly anticipate that that’s precisely what’s occurred.”
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Up to date at 21.07 EDT
‘Erin Patterson was not an atheist,’ defence says
Mandy turns to the proof of certainly one of Patterson’s on-line associates, Christine Hunt.
He says Hunt was not a part of the smaller Fb group chat the place Patterson messaged associates about her in-laws, Don and Gail.
Mandy says Hunt was requested about Patterson’s non secular views whereas these within the smaller group chat weren’t. He says that is an instance of the prosecution choosing and selecting proof that fits them and ignoring others.
Hunt beforehand testified that Patterson advised a wider Fb group she was an atheist.
“Erin Patterson was not an atheist,” Mandy says.
The outside of the Latrobe Valley magistrates courtroom in Morwell, Victoria. {Photograph}: James Ross/AAPShare
Up to date at 21.46 EDT
Choose outlines trial timeline
The jurors have entered the courtroom room in Morwell.
Justice Christopher Beale tells the jury he’ll start instructing them on Tuesday, earlier than they start their deliberations. He says his directions, referred to as the decide’s cost, will take two days.
“I’m working exhausting to attempt to compress it,” he says.
Beale says Patterson’s defence lawyer, Colin Mandy SC, will conclude his closing deal with right this moment.
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What the jury heard on Wednesday
Right here’s what the jury heard yesterday:
Patterson’s defence lawyer, Colin Mandy SC, stated his shopper was “not on trial for being a liar”. He advised jurors the courtroom was not certainly one of “ethical judgment”.
The prosecution’s case that Patterson wished her estranged husband, Simon, to attend the lunch so she may kill him was “absurd”, Mandy stated.
The defence stated the jury ought to reject the proof from the only real surviving lunch visitor, Ian Wilkinson, that Patterson served her company on 4 giant gray plates whereas consuming from an orangey-tan colored plate. Mandy stated Ian was “truthfully mistaken”.
Mandy stated the December 2022 Fb group chat messages, the place Patterson stated her in-laws had been a “misplaced trigger”, had been being utilized by the prosecution as a distraction from the proof within the case. He stated the messages, which associated to a disagreement over baby help with Simon, stood out as a result of they had been about the one disagreement between Patterson and her in-laws.
Mandy says on-line searches about dying cap mushrooms – found on a pc police seized from Patterson’s home – confirmed his shopper’s “idle curiosity” and was not an individual “fastidiously learning this info”.
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Up to date at 20.34 EDT
Welcome to day 35 of Erin Patterson’s triple homicide trial.
Patterson’s defence lawyer, Colin Mandy SC, will proceed delivering his closing deal with to the jury when the trial resumes from 10.30am.
Justice Christopher Beale has advised the jury he’ll start instructing them on Monday, earlier than their deliberations. He stated this “may spill” into subsequent Wednesday. As soon as that is concluded, the jury will retire to think about its verdict.
Patterson, 50, faces three expenses of homicide and one cost of tried homicide referring to a beef wellington lunch she served at her home in Leongatha, in regional Victoria, on 29 July 2023.
She is accused of murdering her in-laws, Don and Gail Patterson, and her estranged husband’s aunt, Heather Wilkinson. The tried homicide cost pertains to Heather’s husband, Ian.
She has pleaded not responsible to the fees.
The prosecution alleges Patterson intentionally poisoned her lunch company with “murderous intent”, however her attorneys say the poisoning was a tragic accident.
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