Jury sent out to decide fate of accused mushroom killer
Tara Cosoleto |
Twelve jurors have begun deliberating whether Erin Patterson intended to murder her lunch guests when she served them death cap mushroom laced-beef Wellingtons.
The Victorian Supreme Court jury was sent out about 1pm on Monday after hearing nine weeks of evidence, lawyers’ arguments and judge’s directions.
The 14 jurors were balloted down to the 12 people who will determine whether Patterson is guilty or not guilty of three counts of murder and one count of attempted murder.
Patterson denies intentionally poisoning her former in-laws Don and Gail Patterson, Gail’s sister Heather and Heather’s husband Ian Wilkinson with meals laced with deadly mushrooms during a lunch at her home in regional Victoria.
Don, Gail and Heather all died after consuming the beef Wellington lunch on July 29, 2023, while Ian survived.
During his five days of directions, known as a charge, Justice Christopher Beale outlined evidence in the case and the arguments from both sides.
On Monday, he told jurors that prosecutors did not have to prove Patterson had a motive to prove their case beyond reasonable doubt.
But Justice Beale said they could consider the lack of motive in Patterson’s favour when assessing whether she had an intention to kill.
Intention was one element of the murder charges that was in dispute, so jurors needed to consider whether the lunch host wanted to kill or cause really serious injury to her guests, the judge said.
Patterson rejected claims she deliberately served her guests death cap mushrooms, so the jury needed to assess whether she knew the meals contained the poison, Justice Beale said.
The judge reminded the jury to consider all of the evidence in the case, not just the pieces he referred to in his final directions.
“You decide what arguments do and don’t have merit,” he said.
After his charge was completed, Justice Beale thanked the two jurors who were balloted off, saying they could be exempt from serving on another jury for 15 years.
“I don’t know whether you’ll feel relieved or frustrated, but be assured you have made an important contribution to the administration of justice,” the judge said.
“I’m very grateful for it and I think the community would be very grateful too.”
The jury is being sequestered during its deliberations and will have to remain together until unanimous verdicts are reached on all charges.
Justice Beale reiterated that every juror must agree on the verdict, although it did not matter how each person reached their conclusion.
The jury can deliver its verdicts any time from 10.30am to 4.15pm on Monday through to Saturday.
The jurors will still be sequestered on Sunday if they have not reached a verdict, but they will not have to deliberate.
Justice Beale reminded the jurors they cannot return home until their unanimous decision.
AAP
