Episode Transcript
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Speaker 1 (00:00):
Now you'll be pleased to know. I've got three final questions.
I suggest that you deliberately sourced death cap mushrooms in
twenty twenty three. Agree or disagree, disagree. I suggest you
deliberately included them in the beef wellingtons you served to
Don Patterson, Gail Patterson, Ian Wilkinson and Heather Wilkinson Agree
or disagree, disagree, and you did so intending to kill them.
(00:24):
Agree or disagree, disagree? Thank you. I have no further questions.
Speaker 2 (00:28):
It's been a long stint on the stand for Aaron Patterson,
but after another day of cross examination by Crown prosecutor
Nanette Rodgers, the accused mushroom Cook murderer ended her testimony.
It was a day where the Crown tried to tie
up loose ends, quizzing Aaron on leftovers, phones and her
(00:48):
actions after that deadly lunch. I'm Brook GREYB. Craig, and
this is the Mushroom Cook. It's day thirty one of
Aaron Patterson murder trial, and I'm here with court reporter
Laura Placella. Hi, Laura, Hey, Brook.
Speaker 3 (01:05):
We've made it. We've made it to the end of
Aaron's testimony. She has been in the witness box over
eight days, and today was her fifth day of cross examination.
As our listeners heard at the top of the episode,
three final questions were put to Erin before doctor Rogers
said she was done with her cross examination, and I
(01:28):
think today was the last time we'll hear doctor Rogers
ask the immortal question, agree or disagree?
Speaker 2 (01:35):
Yes, I think you're right, Laura. I think it's also
going to be the last time that we hear doctor
Rogers asking correct or incorrect two once again. Several topics
were covered in court today, so let's start with the
dehydrating of mushrooms. Doctor Rogers asked Aaron about her evidence
from yesterday that she dehydrated the dried mushrooms she purchased
(01:57):
from the Asian grosser because they appeared.
Speaker 3 (02:01):
Erin confirmed that she never told Senior Public Health Adviser
Sally Anne Atkinson that she dehydrated the dried mushrooms, and
she also agreed that she didn't mention it in her
evidence in chief that was led by her defense barrister
Colin Mandy. Doctor Rogers accused Erin of lying about dehydrating
these dried mushrooms. Here's what was said in court. The
(02:24):
exchange has been voiced by actors.
Speaker 1 (02:26):
I suggest this is another lie that you've made up
on the spot. Incorrect. I suggest that you're hedging your bets,
trying to make it sound like there are multiple possible
sources for the deafcat mushrooms.
Speaker 3 (02:37):
Incorrect.
Speaker 2 (02:38):
Doctor Rogers then took Erin to her testimony that she
was drinking herbal tea on the morning of July thirty,
and this is the day after the deadly lunch.
Speaker 3 (02:48):
Erin's son told an investigator in his pre recorded evidence
that he remembered his mum drinking coffee that morning. But
Erin said her son would have seen her drinking coffee
in the morning for nine twenty nine percent of his life,
so she said he would assume she was doing the
same on July thirty. Doctor Rogers put to Erin that
(03:08):
she would not be drinking coffee if she was experiencing diarrhea.
Erin agreed with that comment, but reiterated that she was
drinking tea that morning.
Speaker 2 (03:18):
Yes, Aaron's bow movements were once again mentioned in court today.
Speaker 3 (03:22):
Told the court last week that she pulled over on
the side of the South Gippsland Highway on her way
to tie up with her children because she needed to
go to the toilet. She said she went to the
toilet in the bushes, cleaned herself up with some tissues
before they hit the road again. But in his prerecorded evidence,
Erin's son made no mention of them needing to pull
(03:43):
over for her to go to the toilet. Doctor Rogers
accused Erin today of lying about this, but Erin denied this.
Onto the next topic, Doctor Rogers returned to the issue
of the leftovers. Aaron said she fed her children on
the Sunday night after the lane lunch, and this series
of questions also touched upon what Aaron ate that evening.
(04:05):
In the pre recorded evidence of Erin's daughter, she said
that her mum had prepared a plate of leftovers for herself,
but wasn't very hungry, so her brother ate their mum's portion.
In her brother's pre recorded evidence, he also said that
their mum had plated up a portion of leftovers for herself.
But today Erin disputed both of her children's recollections. Here's
(04:28):
what she was asked, and.
Speaker 1 (04:29):
Do you say that your daughter is wrong about what
you prepared yourself for dinner on Sunday night? She is.
Speaker 3 (04:36):
The exchange continued, do you say.
Speaker 1 (04:38):
That your son is incorrect about what you prepared yourself
for dinner on the Sunday night?
Speaker 3 (04:43):
Yes, he is.
Speaker 2 (04:45):
Dr Rogers then took Erin to her evidence in chief,
where she told the jury she had a conversation with
her estranged husband, Simon Patterson, and her children while they
were all at Modash Medical Center about dehydrating mushrooms and
hiding them in muffins.
Speaker 3 (05:02):
As our listeners may remember, Erin claimed that after the
children left the room, Simon turned to her and accused
her of poisoning his parents with her dehydrator. She said,
he asked her, is that what you used to poison
my parents? In his evidence, Simon denied ever saying this
to Erin. Doctor Rogers accused Erin of lying about this
(05:25):
question from Simon to disguise why she went to the
koon Wara Tip the next day to dumb her dehydrator.
She denied that she lied about this.
Speaker 2 (05:34):
Doctor Rogers also asked Aaron about her devices, dubbed phone A,
which was never located by police, Phone B, which Aaron
handed to police during the search warrant of her home
on August five, and phone C which is a nochia.
She continued to use after the search. Laura, let's start
with Phone A. What did the jury hear about it today?
Speaker 3 (05:58):
So we're going to try and step our listeners through
all of these phones slowly, so I'm glad we're breaking
it down and focusing on each phone individually. So focusing
on Phone A. This was a phone that Erin bought
in February twenty twenty three, so by the time of
the lunch it was about six months old. She confirmed
she was using her usual SIM card ending in seven
(06:20):
eighty three in this phone. Today. Doctor Rogers asked her
if she was using this SIM card right up until
August fourteen, and Erin actually said that she still thinks
that simcard is connected to this day. Dr Rogers then
put a series of accusations to Erin.
Speaker 1 (06:38):
I suggest that you use this phone to research deathcap mushrooms,
agree or disagree?
Speaker 3 (06:43):
Disagree.
Speaker 1 (06:44):
I suggest you also used Phone A to look up
I naturalist in twenty twenty three. Agree or disagree, disagree?
And I have already put this to you previously, but
I just want to make clear that I suggest you
saw the post by Tom May on twenty first of
May twenty twenty three on this phone. Disagree Phone A. Disagree,
(07:05):
And that's how you saw the post by Christine McKenzie
that she'd posted on eighteenth of April twenty twenty three.
Speaker 3 (07:11):
I didn't see that post.
Speaker 1 (07:13):
You didn't use that phone to do that.
Speaker 3 (07:14):
I didn't see the post, is what I said.
Speaker 1 (07:16):
Phone A was not recovered by police on fifth of August. Agreed.
Speaker 3 (07:20):
Agree.
Speaker 1 (07:21):
I suggest it's because you deliberately concealed this phone from police.
Agree or disagree?
Speaker 2 (07:26):
Disagree.
Speaker 3 (07:28):
After these questions, doctor Rogers took Erin back to her
evidence in chief when she said that Phone A was
not cutting it anymore by early August because the screen
was damaged. But doctor Rogers suggested to Erin today that
there was actually nothing wrong with Phone A at all,
and this was another lie. Erin disagreed. She was then
(07:51):
shown dozens of pages of phone records that have previously
been shown to the jury. Erin confirmed that on August four,
the phone record appeared to suggest that she was continuing
to use her SIM card in this phone. Doctor Rogers
then took Erin to August five, the day the search
warrant was executed at her house. It was at this
(08:12):
point that phone C entered the conversation. Doctor Rogers accused
Erin of moving her SIM card from phone A into
Phone C, that being the Nokia when she was privately
calling a lawyer as police searched her house, but Erin
denied this accusation. The jury has previously heard that after
(08:33):
the search of Erin's house, she was taken to one
Thaggy police station for her record of interview. After that
had taken place, Erin was returned home by the police
and given a property seizure record. She told the court
that when she read this record, she realized that Phone
A and Phone C had not been seized by police.
(08:56):
Erin had claimed that Phone A was left on a
window sill in her loungey untouched by police, but doctor
Rogers suggested that claim was nonsense. Erin disagreed with her,
so she said it was at that point that she
moved the SIM card from Phone A to Phone C,
keeping in mind that she said Phone A was damaged
(09:16):
and she wanted to use a new phone.
Speaker 2 (09:19):
Thanks Laura for that explanation. Let's now move on to
Phone B.
Speaker 3 (09:23):
All right, round two. So with Phone B, as you said, Brook,
this was the phone that Aaron handed to police at
the end of the search before she was taken to
the police station for her record of interview. As I
just said, it was during this week that Aaron said
she wanted to set up a new phone, but Erin
told the jury last week that she not only wanted
to switch from Phone A to Phone B because of
(09:45):
the damaged screen, but she also wanted to change her
phone number after Simon made that accusation that she had
poisoned his parents. The SIM card ending in seven eighty
three was her usual phone number, but she said she
set up Phone B with another SIM card ending in
eight three five. But doctor Rogers suggested to Erin today
(10:06):
that the real reason she handed Phone B to police
was not because it was the phone she was beginning
to use, but because she knew there was no data
on the device. But Erin disagreed, telling the court that
since this was the phone she was starting to use,
it was the phone she felt she should give the police.
Speaker 2 (10:24):
And the factory resets of Phone B were also touched upon,
weren't they, Yes, they were, and we have spoken a
lot about them previously. But she confirmed again today that
she did conduct two factory resets on August five and
August six, having previously explained that she panicked during the
search and didn't want police to find any photos on
(10:46):
this device of mushrooms or her dehydrator. But doctor Rogers
suggested Erin factory reset the phone for another reason. Here's
what Erin was asked.
Speaker 1 (10:55):
I suggest that you did three factory resets of this phone,
Phone B after the lunch on twenty ninth of July
twenty twenty three.
Speaker 3 (11:03):
Agree.
Speaker 1 (11:04):
I suggest you did that to conceal the true contents
of Phone B. Agree or disagree?
Speaker 2 (11:10):
Disagree.
Speaker 1 (11:11):
I suggest that you did this so you could then
pass off Phone B as your usual mobile phone without
police realizing. Agree or disagree?
Speaker 3 (11:19):
Disagree.
Speaker 2 (11:21):
So to summarize Laura, is it right to say that
the prosecution are accusing Aaron of concealing her real phone,
Phone A, from police, after using it to research death
caps and look up eye naturalists.
Speaker 3 (11:35):
Yes, that's their case.
Speaker 2 (11:36):
And they're also accusing her of then giving police Phone
B because she knew there would be no data on
the device. That's right. Great, I'm sure that's not the
last time that we will hear about Phone A and
Phone B. But now let's move on.
Speaker 3 (11:52):
By this stage, doctor Rogers had come to the end
of her cross examination and she had those final three
questions for Erin we heard at the top of the episode.
After the final disagree from Erin, doctor Rogers told the
court she had no further questions and she sat back
down in her seat.
Speaker 2 (12:09):
After a short break, mister Mandy started his re examination
of Erin, and.
Speaker 3 (12:14):
He started off by asking her about the Enrich Clinic.
Erin last week told the court that she had an
appointment at this clinic to explore gastric bypass surgery on
September thirteenth, twenty twenty three. This week, the jury heard
that this clinic does not offer and has never offered,
gastric bypass surgery. Erin accepted that that was the case,
(12:36):
but today mister Mandy wanted to clarify something with her.
Erin explained that at the time she made the booking
in twenty twenty three, she was of the understanding that
the Enrich Clinic offered gastric bypass surgery or liposuction. She
said that her understanding was they could discuss her needs
and what would be the procedure that best suited her.
(12:57):
But Erin conceded she must have been mistaken the clinic
offering gastric bypass surgery. The jury was shown a text
message that confirmed she did have an appointment on September
thirteen at the clinic, but as we previously heard, Aaron
canceled that appointment two days earlier.
Speaker 2 (13:14):
Mister Mandy then asked Erin why she prepared a six
beef Wellington for that lunch on July twenty nine.
Speaker 3 (13:21):
Doctor Rogers had previously accused Erin of preparing this beef
Wellington for Simon if he turned up to the lunch,
but Erin confirmed that after she bought five twin packs
of iphillots and put two of those twin packs in
the fridge, she decided to use the remaining six stakes
for her beef Wellington. She said she had enough ingredients
(13:41):
to make six and she thought she could eat the
last one another day.
Speaker 2 (13:46):
After briefly covering several more topics, mister Mandy announced he
had no further questions for Aaron.
Speaker 3 (13:53):
Just as Christopher Beale then asked, mister Mandy, does that
close your case? And mister Mandy replied, it does your honor.
With that, he sat back down and Justice Beale then
turned to the jury. He then reiterated to them that
they wouldn't be required for a little while because he
would be having legal discussions with the prosecution and the
defense before the closing addresses could commence. Justice Bill told
(14:17):
them that these discussions would commence this afternoon, so we
told them that they could go home.
Speaker 2 (14:21):
So the jury won't be coming in tomorrow. But rest assured,
we do have a little something for you, but for now.
To stay updated on the case, go to the mushroomcook
dot com dot au for more