Erin Patterson trial: Judge tells jury they must ‘scrupulously guard’ against sympathy for Patterson and Wilkinson families

Liam Beatty
NewsWire
Erin Patterson has denied intentionally poisoning her estranged husband's family. (James Ross/AAP PHOTOS)
Erin Patterson has denied intentionally poisoning her estranged husband's family. (James Ross/AAP PHOTOS) Credit: AAP

Jurors in the trial of alleged mushroom poisoner Erin Patterson have been told they must not let sympathy cloud their judgment when deliberating verdicts.

Trial judge Justice Christopher Beale began his jury directions on Tuesday as the triple-murder trial entered its ninth week.

“It is for you, and you alone, to decide whether she is guilty or not guilty of these offences,” he said.

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“You do that by deciding what the facts are in this case.”

Erin Patterson has pleaded not guilty and maintains she did not intend to harm anyone. Picture: Supplied.
Erin Patterson has pleaded not guilty and maintains she did not intend to harm anyone. Supplied. Credit: Supplied

Ms Patterson, 50, is facing trial after pleading not guilty to murdering three members of her husband’s family; his parents, Don and Gail Patterson, and Gail’s sister, Heather Wilkinson.

Heather’s husband, Ian Wilkinson, survived the lunch and Ms Patterson has pleaded not guilty to a charge of attempted murder relating to his illness.

Prosecutors allege she deliberately secreted death cap mushrooms in a beef wellington lunch she hosted on July 29, 2023, with the four as guests.

Her defence, led by Colin Mandy SC, has argued the case is an accidental poisoning and his client did not intend to harm anyone.

Erin Patterson’s defence team Sophie Stafford and Colin Mandy SC arrives at the Latrobe Valley Court in Morwell. Picture: NewsWire / Diego Fedele
Erin Patterson’s defence team Sophie Stafford and Colin Mandy SC arrives at the Latrobe Valley Court in Morwell. NewsWire / Diego Fedele Credit: News Corp Australia

During his charge, Justice Beale explained to jurors they must guard against emotions such as sympathy or prejudice in their deliberations.

“The issue is not whether she is in some sense responsible for the tragic consequences of the lunch, but whether the prosecution has proved beyond a reasonable doubt that she is criminally responsible for those consequences,” he said.

Justice Beale said the “mere fact” Ms Patterson prepared the lunch should not influence their decisions, but added he was “not asking you to be inhuman”

“None of us are robots,” he said.

“Any decent person would feel great sympathy for the Patterson and Wilkinson families, given what has befallen them, but you must scrupulously guard against that sympathy interfering with the performance of your duty.”

Lunch survivor Ian Wilkinson and family were present in court. Picture: NewsWire / Diego Fedele
Lunch survivor Ian Wilkinson and family were present in court. NewsWire / Diego Fedele Credit: News Corp Australia

Noting the “unprecedented” media coverage of the trial, Justice Beale said jurors must disregard outside information and decide the case solely on the evidence.

“You and you alone are best placed to decide whether the prosecution has proven their case beyond reasonable doubt. No one else,” he said.

Providing an update on the progress of his charge, Justice Beale joked there was “no need to bring your toothbrush” on Wednesday.

The trial continues.

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