Welcome to our coverage of day 38 of the triple murder trial of accused mushroom cook Erin Patterson in Morwell, in which Justice Christopher Beale is continuing his judge’s charge for a third day.
In a criminal jury trial, a judge’s charge is their final instructions to the jury about what they need to consider when they begin their verdict deliberations. They also summarise the main arguments of the defence and prosecution, highlighting key evidence from the trial.
Patterson has pleaded not guilty to murdering her in-laws, Don and Gail Patterson, and Gail’s sister, Heather Wilkinson, by serving them death cap mushrooms in a beef Wellington lunch at her Leongatha home on Saturday, July 29, 2023. Her in-laws and Wilkinson died in the days after the meal from the effects of mushroom poisoning. Heather’s husband, Ian Wilkinson, survived after weeks in hospital.
Clockwise from left: accused killer Erin Patterson and her guests who died after the 2023 lunch, Heather Wilkinson and Gail and Don Patterson.Credit: Matthew Absalom-Wong
The judge’s instructions cover a range of topics, including relevant law, the jury’s responsibilities, and the elements of an offence that must be met to reach a guilty verdict.
In the case of murder, the legal bar the prosecution must reach is beyond reasonable doubt.
Beale said there would be three parts to his charge.
“First, I will give you directions regarding the principles of law which apply to this case. Some you have heard already, others will be new to you. You must apply all these principles of law carefully,” he said.
“Secondly, I will tell you the issues that you need to decide and will summarise: (a) the evidence that relates to those issues, and (b) the arguments made by the prosecution and defence in relation to those issues.
“Now, as you more than anyone will appreciate, there has been a great deal of evidence in this case and a lot of arguments made to you by the prosecution and defence.”
Beale said his summary would not cover all the evidence and arguments, reiterating to the jury that the fact he does not mention some evidence does not mean that that evidence is unimportant.
“Similarly, the fact that I include certain evidence does not make that evidence more important than other evidence. You must consider all of the evidence, not just the parts of it that I mention.
“In part three of my charge, I will give you further directions regarding the requirement that your verdicts must be unanimous and the procedure that will follow when receiving your verdicts.”
At the end of part three of the charge, Beale will reduce the number of jurors from 14 to 12 using a ballot system.
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