Judge dismisses juror in fatal mushroom cook trial
Emily Woods |
A juror has been dismissed from Erin Patterson’s triple murder trial after a judge was told they discussed the case with family and friends.
Justice Christopher Beale discharged one of 15 jurors, who cannot be identified for legal reasons, from the court in regional Victoria on Thursday morning.
“I received information that (the juror) had been discussing the case with family and friends, contrary to my instructions,” he told the jury.
“I was of the view that there was at least a reasonable possibility the information I received was credible.”
He said he had not made a “positive finding” the juror had discussed the case outside the jury room, but he could not dismiss that as a possibility.
“It was at least a possibility that he had breached my instructions,” the judge said.
The judge told jurors not to contact the discharged juror.
He also issued a warning to the 14 remaining jurors, who will be whittled down to 12 to decide Patterson’s fate at the end of the trial.
“You should only discuss the case with your fellow jurors in the privacy of the jury room,” Justice Beale said.
Erin Patterson’s trial in Morwell, about two hours’ drive from Melbourne, is nearing the end of its third week.
She has pleaded not guilty to three counts of murder and one of attempted murder over a poisonous beef Wellington she served to her former in-laws Don and Gail Patterson, Heather and Ian Wilkinson.
Mr Wilkinson was the only guest to survive the July 2023 lunch.
Victorian Institute of Forensic Medicine chief toxicologist Dimitri Gerostamoulos gave evidence about his testing of the poisonous meal.
He confirmed that beta-amanitin, the toxic compound found in wild mushrooms, had been detected in the mushroom paste and the meat remains he tested.
It comes after scientist Camille Truong on Wednesday said she had done a microscopic test of the beef Wellington leftovers and found no signs of death cap mushrooms.
Additionally, Dr Gerostamoulos found evidence of the deadly toxins inside a food dehydrator police seized from a tip in the days after the meal.
He tested blood and urine samples from the four lunch guests, as well as Erin Patterson and said nine samples from Patterson were analysed but no toxic compounds found.
He detected alpha-amanitin in samples from Don Patterson and Ian Wilkinson but did not find it in Heather Wilkinson nor Gail Patterson’s samples above the reportable thresholds.
Child protection worker Katrina Cripps gave evidence on Thursday morning about her visits with Patterson in the days after the meal.
She said Patterson told her that her relationship with Simon had changed in September 2022, after she asked to receive child support from him and that he became “nasty towards her”.
“She said that Don and Gail had been like the parents she hadn’t had, her parents had died quite some time ago,” she told the jury.
Ms Cripps said Patterson told her Simon had been “isolating” her from his family.
“Family events he would go to normally, she wasn’t going to or wasn’t invited to,” she said.
Patterson told her she had made a beef Wellington with green beans, mashed potato and packet gravy for Don, Gail, Heather and Ian, on July 29, and served leftovers to her kids the next day.
Ms Cripps confirmed she asked Patterson whether she had picked the mushrooms used in the lunch, but said Patterson did not answer her.
Toxicologist Dr Gerostamoulos’ evidence will continue on Friday.
AAP
