Episode Transcript
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Speaker 1 (00:01):
It was like a band aid coming off. For eleven weeks,
we saw witnesses talking to facts, we saw experts going
through technical evidence. We heard Aaron Patterson coldly and calmly
lying on the stand. But today at Aaron's plea hearing,
raw emotion poured out as the people she hurt told
(00:22):
of their pain. I'm Brooke Greebert Craig, and this is
the Mushroom Cook once again. I'm joined by a court reporter,
Laura Plassella.
Speaker 2 (00:33):
And today has been a very emotional day, as you
just alluded to.
Speaker 1 (00:37):
Yes, it was Aaron Patterson's plea hearing. Laura, can you
explain to our listeners what exactly that is.
Speaker 2 (00:44):
We've touched upon it a few times in previous episodes,
and it's also called a pre sentence hearing. But this
is when everyone comes together to lay down their arguments
for the sentence erin should be ultimately handed down. But
before all of that can happen, the love ones of
the victims are given an opportunity to read out their
victim impact statements. And this was a very powerful hour
(01:07):
that we had in court today.
Speaker 1 (01:09):
Yes, so several family members attended court and that included
The only guest that survived the lunch, Ian Wilkinson, and
also Aaron's only friend, Allie Pryor.
Speaker 2 (01:21):
Yes, and Ian was surrounded by family as well, including
his daughter Ruth du Bois. But there was one person
that was notably missing today. It wasn't there.
Speaker 1 (01:29):
Yes, Simon Patterson, Aaron's estranged husband, did not attend and
we don't know why.
Speaker 2 (01:36):
No, we don't. But those who did attend court today
had to travel quite a bit more than usual. Unlike
the trial that we all know was held in Morewell,
today's plea hearing was held in Melbourne.
Speaker 1 (01:47):
Yes, at the Supreme Court, and Aaron was transported in
a custody van to the court and Harold's son, photographer
Jason Edwards, actually managed to snap some photos of her
when she was exiting the van.
Speaker 2 (02:01):
And these were some incredible photos. I work out of
the Supreme Court here in Melbourne and when we do
have accused or convicted criminals coming to court for hearings,
there is a moment where they walk out of the
van and walk into the court where we have an
opportunity to get some great photos. But it can be
pretty challenging. There are big gates at the Supreme Court
(02:23):
and authorities don't always want these people getting photographed, so
they can make it a little bit difficult for the media.
But Jason was able to find a really great vantage
point to get these shots we've been talking about.
Speaker 1 (02:34):
I'm looking at them now. They're fantastic. There's one in
particular where Erin is looking up above and it's almost
like she's looking up to Peaven and God.
Speaker 2 (02:43):
It's a very religious shot.
Speaker 1 (02:46):
Yes, and she's wearing a brown cardigan and she looks
a little bit disheveled, and her hair's tied back into
a ponytail.
Speaker 2 (02:53):
And a comment actually got made today by one of
the other journalists covering the case that it appeared she
was wearing mushroom a lot of brown in that outfit
and the Paisley blouse that we saw her wear quite
a lot during the trial.
Speaker 1 (03:07):
Okay, so let's move on. So we heard seven victim
impact statements read out in court today.
Speaker 2 (03:12):
So first up was Ian. He was then followed by
his daughter Ruth, so they both read out their statements
in person. Then Crown Prosecutor Nnette Rodgers read the statement
of Gail and Heather's sister Lynette Young and then after that,
the baton was handed to a member of the Pattison family.
She is Don's niece. Her name is Naomi Gladau, and
(03:33):
she read out the remaining statements. So those statements were
penned by Don's one hundred year old mother, Martha Patterson,
who I don't think we realized was actually still alive,
as well as Don's brother Colin Patterson, Don's nephew Tim Patterson,
and finally Simon Patterson.
Speaker 1 (03:51):
Yes, so let's jump straight into Ian's statement straight off
the bat I have to say it was quite heartbreaking
to listen to the emotion in his voice.
Speaker 2 (04:00):
Yes, yes, I think I've mentioned previously that plea hearings
can be some of the most emotional days for US
court reporters because we really are bearing witness to these
people grieve very publicly and tell the court exactly how
these crimes have impacted their lives, and they can be
very poignant at times. And we know Ian is a
(04:22):
pastor for many decades now. He addresses his congregation every Sunday,
and you can really see that he's a wordsmith.
Speaker 1 (04:31):
Yes, definitely, so. Ian said that Heather was compassionate, intelligent, brave,
witty and simply a delightful person. Here's more of what
he said. These are his words, but not his voice.
Speaker 3 (04:44):
Like everyone else, she had faults, but she actively sought
to overcome them so she could live peacefully and constructively
with all people. She was generous in her attitudes and
with her resources. If she could help somebody, she would.
Heather had a great sense of humor, and it was
a joy to be in her company. She loved learning
(05:05):
and had a special interest in languages.
Speaker 1 (05:08):
Ian then started to cry as he told the court
that he had been married to Heather for forty four years.
Speaker 3 (05:15):
Heather was always supportive and encouraging to me. She was
wise and had skills that made up for my shortcomings. Together,
we face life as a team, and we delighted in
each other's company. He went on to say, I could
go on. There's so much more that deserves to be
said about Heather. It's one of the distressing shortcomings of
(05:38):
our society that so much attention is showered on those
who do evil and so little on those who do good.
The greatest impact of Erin's actions on me has been
to deprive me of Heather's company, and Heather's important place
in our family. The silence in our home is a
daily reminder. I continue to carry a heath the burden
(06:00):
of grief over her untimely death. It's a truly horrible
thought to live with that someone could decide to take
her life. I only feel half alive without her.
Speaker 2 (06:12):
It was at this point that Ian appeared to be
overcome with emotion. He dropped his tissue and bent over
to pick it up. He then took a moment to
compose himself and continued. He told the court that his
only consolation was that one day he will be reunited
with Heather. He then said the second greatest impact of
Erin's crime was losing Doningale.
Speaker 1 (06:35):
Ian also mentioned that he nearly died and it had
taken him two years for his health and strength to improve,
although he did make it clear that he has never
really fully recovered.
Speaker 3 (06:47):
He went on to say, I'm distressed that Aaron has
acted with callous and calculated disregard for my life and
the life of those I love. What foolishness possesses a
person to think that urder could be the solution to
their problems, especially the murder of people who had only
good intentions. Towards her.
Speaker 1 (07:07):
After taking a sip of his water, he continued.
Speaker 3 (07:10):
In regard to the many harms done to me, I
make an offer of forgiveness to Erin. I have no
power or responsibility to forgive harms done to others. In
regards to the murder of Heather, Gail and Don, I
am compelled to seek justice. However, I encourage Erin to
receive my offer of forgiveness for those harms done to me.
(07:34):
I bear her no ill will.
Speaker 2 (07:36):
He then sent Erin one final powerful message.
Speaker 3 (07:40):
My prayer for her is that she will use her
time in jail wisely to become a better person. Now
I am no longer Aaron Patterson's victim, and she has
become the victim of my kindness.
Speaker 1 (07:52):
Next up was Ian's daughter Ruth. I have to say
it was really lovely seeing Ian standing next to her
and supporting her her while she was reading her statement.
She began by talking about her beloved mother, Heather. She
was one of my closest friends and someone I cherished deeply.
She was the person who comforted me and lifted me up.
Speaker 4 (08:12):
She was someone I trusted with both the best parts
and the worst parts of myself. Knowing there would be
no judgment. Life feels less bright without her.
Speaker 2 (08:24):
Ruth went on to say that she and her siblings
grew up in a home that was shown love, empathy
and compassion, but it was these qualities that were used
to lor Heather, Gail and Don to their deaths. Here's
more of what she said.
Speaker 4 (08:37):
The world seems colder and harsher knowing this, and for
the offender to sit and watch over casual conversation as well,
these people who showed nothing but love and care for
her ate a meal that would kill is beyond anything
I could put words to. The following days were in
stark contrast. The events we witnessed in hospital were an
(08:59):
endless nightmare, and now we have heard in court how
seemingly normal life continued for the offender. It is difficult
to comprehend how someone could spend months planning this out, researching,
collecting the items needed, making the lunch invitation, preparing the meal,
sitting through eating it, and then to carry on with
normal life, all while knowing tremendous harm that was being caused,
(09:23):
followed up by the extraordinary lies and the absolute lack
of care shown to the victims. There are multiple times
through this process. She could have stopped, she could have
canceled the plans, she could have thought about the consequences,
she went on to say, instead, at every step of
the way, she chose to follow through.
Speaker 1 (09:42):
Ruth also mentioned that she constantly felt a weight of
sadness of the wider impacts of Aaron's crimes. I thought
it was quite compassionate that she mentioned a range of
different people that had been affected.
Speaker 2 (09:54):
Yes, she was really acknowledging the victims in this case
that almost go unnoticed. She mentioned the medical staff, the
shop owners who had their names and businesses scrutinized, the
mushroom industry, and even the taxpayer.
Speaker 4 (10:09):
The list just seems endless. I'm horrified that our family
is even associated, through no choice of our own, with
such destructive behavior towards the community. This crime has changed
every part of my life. My life will never be
the same.
Speaker 1 (10:24):
We then heard a range of different statements read on
behalf of Gale and Heather's sister, Don's mother, and Don's brother,
before we finally heard from Simon.
Speaker 2 (10:34):
That's right, Brooke, to again remind our listeners. Simon didn't
attend the hearing today, but to bring his words to
our listeners, we're going to use the same actor who
has voiced Simon in the past. He began by describing
how much he missed his parents and his aunt.
Speaker 5 (10:50):
I'll be aware for roughly the next thirty years that
they could still be alive if Heron had not chosen
to murder them. Praise God that at least em Marakis survived.
He went on to say, their credible love, support, wisdom, knowledge, intelligence, warmth, gentleness, godness,
and humor in both spirit and truth are gone. My children,
(11:15):
two children, are left with our grandparents as the result
of these murders. They've also been robbed of hope for
the kind of relationship with their mother that every child
naturally yearns for. Like all of us, they face the
dawning challenge of trying to comprehend what she's done. The
grim reality is they live and an irreparably broken home
(11:35):
with only a solo parent, when almost everyone knows their
mother murdered their grandparents. None of these hurdles that my
children face are easy for them to overcome. The fact
these foreseeable hurdles were actively put in front of them
by their own mother is an impact we will wrestle
with for the rest of our lives.
Speaker 2 (11:54):
So after Simon's statement was read out, the court actually
adjourned for a few hours. I must say it felt
like a well can break because it was a very
emotionally charged hour. We came back at two point fifteen
and the first person we heard from was actually a witness,
and she was a prosecution witness who had been called
to provide an insight into Aaron's life behind bars. Her
(12:16):
name is Jennifer Hosking. She is the Assistant Commissioner of
the Sentence Management Division at Corrections Victoria. The title is
quite a mouthful. She was being questioned by Crown Prosecutor
Jane Warren, who initially focused Miss Hosking on the timeline
of Aaron's time at Dame Phyllis Frost Center. We won't
confuse our listeners with all of the dates because there
were a lot, but it appears that since November twenty
(12:39):
twenty three, when Erin was charged, she has been moved
between two different units within the prison. One is the
Murray Protection Unit and the other one is the more
restrictive Gordon Management Unit. And the court heard that for
about fourteen months Erin has been housed in that more
restrictive unit. She has a small cell that has a
(13:01):
very small courtyard at the rear. According to a defense team,
she spends twenty two to twenty four hours a day
in that cell, and she isn't afforded many luxuries. They
say that she has limited access to the library, limited
access to exercise equipment, and isn't really able to socialize
with any inmates.
Speaker 1 (13:22):
But she is able to socialize with another inmate within
the Gordon unit, and that is Air convicted terrorists.
Speaker 2 (13:31):
That's right. It appears that their cells are next to
each other and they both have those courtyards I was mentioning,
so they're allowed to go out onto those courtyards and
talk to each other. But according to defense barrister Colin Mandy,
Aaron has never once spoken to this terrorist.
Speaker 1 (13:47):
Yes, that's right. And we also did hear that Aarin
has access to things like a hair straightener, she can
watch TV, she can go on her laptop, so there
are little luxuries that she does get within this unit.
Speaker 2 (14:02):
But you haven't mentioned her hobby. We actually found out
today that Erin has a passion for crochet and in
her cell she has access to wool and some other
materials that she uses to make items such as blankets.
Speaker 1 (14:15):
But despite these luxuries, mister Mandy said, her conditions have
been quite harsh.
Speaker 2 (14:20):
Yes, and that was one of the main points he
made today. So to bring our listeners back to the
overarching arguments that came out of today from the prosecution
and defense, I'll start by saying that they actually, for
once in agreeance about something, and that is the fact
that they both agree Erin should be sentenced to a
maximum term of life imprisonment. Murder does carry a maximum
(14:43):
penalty of life imprisonment, and mister Mandy said that he
can't argue that that is not what should be imposed
by Justice Christopher Bielee. But where they do differ is
the minimum sentence. So the prosecution said today that they
believe Justice Biel should sentence Erin to life without parole,
and that essentially means they say she should die behind bars.
(15:07):
But on the other hand, mister Mandy said that Erin
should be given a non parole period, which means at
some point in the future, maybe thirty thirty five, forty years,
she'll be allowed to apply for parole and if the
Parole Board grant her application she can be freed to
live out the rest.
Speaker 1 (15:24):
Of her days, and mister Mandy said, the harshness of
her prison conditions is one of the reasons why she
should be given a non parole period exactly.
Speaker 2 (15:34):
And we did get an insight today into some of
his other arguments. Both parties have been allowed to hand
Justice Biel written submissions, so we don't know everything that
is before his honor. But one thing that came up
is that the defense have claimed that Erin has Asperger's syndrome.
But Justice Biel appeared to be a bit skeptical about
(15:54):
this today and he asked mister Mandy whether or not
there was any evidence to back up this claim.
Speaker 1 (16:00):
Yes, so we heard that there was no medical diagnosis,
and Justice Bill even said something along the lines of
Aaron's claim not having a lot of credibility.
Speaker 2 (16:10):
Exactly, And like you said, Brook, this is because there
isn't any medical diagnosis. The prosecution made the point today
that this claim is just hearsay because family members have
mentioned that Aaron believed she had autism and that Simon
may have made a comment about that in the past. However,
mister Mandy did concede today that while Erin does maintain
her innocence, she did stand to be sentenced for very
(16:33):
grave offending. Obviously, the jury returned a guilty verdict, and
he said that the defense is in no other position
but to agree that Erin did have the intention to
kill at the time she served the Beef Wellington meal.
But he did flag with Justice Biel today that there
were a number of disputed facts that were still in
the realm of speculation. He said, despite the jury's verdict,
(16:57):
Justice Bill could not be certain when the death caps
were sourced, where they were sourced, and with what intention
they were sourced. And I might just mention that before
Justice Biel's sentences Erin, he does have to reach a
number of conclusions himself, almost like the jury would happen.
Speaker 1 (17:13):
So that was the defense. Now what did the prosecution
have to say?
Speaker 2 (17:17):
As we touched upon earlier, the prosecution said today that
straight out Aaron should not get a non parole period,
and they said this was because the seriousness of her crimes.
Miss Warren actually quoted another Supreme Court justice who sentenced
rapist and murderer Michael Cardamone to life without parole in
(17:37):
twenty seventeen. He said back then that sometimes a crime
is so horrific, so cruel, and so callous, that a
step towards mercy seems too difficult to make. And Miss
Warren really used these words today when she told Justice
Biale that what Erin had done was also so cruel
(17:58):
and so callous that she was not deserving of mercy,
and Justice Biale actually agreed with her that the offending
was quite horrendous, although he did flag with her that
he had some concerns that Erin may for the foreseeable
future remain in that unit at Dame Phyllis Frost Center.
He said it did not sound very humane for a
person to be locked in a cell for at least
(18:19):
twenty two hours every day. He was of the belief
that her notoriety is not going to diminish. Miss Warren
did disagree with him on this point, and she said
that the interest in who she is would likely diminish,
and even mentioned the Port Arthur mass murderer Martin Bryant,
and she said that they wouldn't be too many twenty
year olds walking around these days who would know who
(18:41):
he is. But Justice Biale quickly replied, did they make
a TV series? Out of Martin Bryant, obviously alluding to
the fact that there will be drama series created about Erin,
and then told Miss Warren that he feels fairly confident
that Erin will remain notorious for a long long time.
Speaker 1 (18:58):
Now we found out a sentence day, when will that
be taking place?
Speaker 2 (19:02):
Justice Beer revealed today that he plans to sentence Erin
on September eighth, so that is a fortnight away. He
told the court that he wanted to do this in Morewell,
where the trial took place, but due to maintenance works,
it does look like it will be here in Melbourne
before we wrap up. There was one thing that Justice
Beale said today that I think we really should mention
(19:23):
because it really speaks to the emotion of today. He
said that the victim impact statements read out to him
and those provided to him as well, brought home how
Aaron's crimes have affected four generations of the extended Patterson
and Wilkinson families. He said, the word ripple effect is
often mentioned, but this felt more like a tsunami than
(19:45):
a ripple and.
Speaker 1 (19:46):
He couldn't be more right exactly. So, Laura, you and
I will be back in two weeks, but before then
we may have one or two more episodes to bring
to you.
Speaker 2 (19:55):
Until then, Brook