Defence lawyer Colin Mandy SC is probing the police case against accused mushroom murderer Erin Patterson, as her trial races toward its conclusion.
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This episode of The Front is presented and produced by Claire Harvey, and edited by Jasper Leak, who also composed our music. Our team includes Kristen Amiet, Lia Tsamoglou, Tiffany Dimmack, Joshua Burton and Stephanie Coombes.
From the Australian. Here's what's on the front. I'm Claire Harvey. It's Friday, May thirty, twenty twenty five. An extremist cleric who preached that Jews were monsters thirsty for blood has formally apologized and promised not to vilify Jews. But The Australian's reporting today the Sheikh last Friday prayed for God to kill all the oppressors of Gaza. There's uproar and more confusion about whether Donald Trump's tariffs will apply after an American court said they were unlawful. You can read what that means for Australian exporters whose world has been turned upside down right now at the Australian dot com do AU. Did Aaron Patterson really search the web for information about death cap mushrooms? And did police miss a crucial piece of evidence when searching her house? Today? Where the defense lawyer is probing the police case against Patterson, who's pleaded not guilty to three counts of murder and one of attempted murder. We've used voice actors throughout this episode to bring you the words aired in court. What happened at Aaron Patterson's house when police showed up to execute a search warrant, and wear's Patterson's missing phone. Those are two of the big questions at the heart of the so called mushroom murder trial, where Patterson is accused of murdering three elderly relatives and attempting to murder a fourth by deliberately feeding them beef wellington laced with deadly death cap mushrooms. She's pleaded not guilty, and her defense lawyer has told the jury the poisoning was a tragic accident that even though she lied to police about whether she'd ever foraged for mushrooms, that was a sign not of guilt, but of panic at the catastrophe that was unfolding. On Thursday, Aaron Patterson's lawyer, Colin Mandy Casey Cross examined the lead homicide cop in the case, Detective Senior Constable Stephen Eppingstall. The Crown has told the jury Patterson's main mobile phone with her primary SIM card they're calling it phone A, has never been recovered by police. The juries heard that on five August twenty twenty three, as the elderly lunch guests were critically ill in hospital or on their way to the Morgue police showed up to search Patterson's home. The Crown says it was during that search that Patterson took her main sim out of phone A, a Samsung Galaxy, and put it in a Nokia phone. The Crown says she then surrendered a totally different device, phone B, to the police when they asked for her phone. Here's Colin Mandy Cross examining Cop Stephen epping Stall. We've used voice actors.
Is it the case that you and miss Patterson had a discussion about the Nokia mobile phone.
In the record of interview, she did mention that there was a Nokia In.
The police interview, Patterson said this about the Nokia. It's a really old Nokia that I've got for like, you know, if you break your phone and you've got to send it away for repairs, so it's this really old thing.
But you don't recall having seized that phone.
No, we definitely didn't seize the Nokia.
Because your case is that the Nokia came into use after that time. Yes, sir, so it couldn't have been seized because you would have had it.
Yeah, correct, Yeah.
Mandy showed epping staol a police photo from.
The Do you know what that black item is sitting on the window sill?
No, I've got no idea, sir.
Can I suggest that is phone? A? In a case?
I don't think that's consistent with the phone, but it's a matter for the jury.
I'd say, sir, you don't exclude that possibility.
If that was a phone, I would think we would have seized it.
After the search. On August five, Eppingstall took Aaron Patterson to warm Thaggy police station for an interview. The video of that conversation was played to the jury earlier this week. The Crown alleges that during that interview, Patterson gave police the phone number not for her main phone, which they say they've never found, but for a different device, phone B, which the Crown says she had loaded with a SIM card that she'd taken out of a Samsung tablet.
You knew that Aaron Patterson was utilizing the phone number ending in seven eighty three prior to the execution of the search warrant. Yes, that is correct, and you didn't ask her about the fact of the seven eight three mobile number in the record of interview.
No, I asked her for a phone number in the record of interview, and I didn't realize that she hadn't given me that number. I just wrote it down and just moved past it.
She gave you the phone number of the phone she surrendered to police earlier.
Yeah, correct, I just wrote it down and didn't give it any more thought until later on.
Mandy put it to epping Stall that phone a was at one point being used by Aaron Patterson's teenage son. Epping Stall said he didn't know coming up. Did Aaron Patterson really search the web for deathcat mushrooms. One of the pieces of evidence the Crown has put before the jury is web searches made by Aaron Patterson on her computer, a Cooler Master brand, which police found in her home on the top shelf of her son's bedroom cupboard. The Crown showed the jury screenshots of a website called eye Naturalist, where citizen scientists or real scientists can upload images of and information about flora and fauna they've spotted in the wild. The screenshots showed to the jury suggested searches had been made on that computer for deathcap mushrooms, but Colin Mandy k C for Aaron Patterson wanted to know if the cops could actually prove that these web searches allegedly conducted by Aaron Patterson in May twenty twenty two showed anything important at all. Epping still agreed he had analyzed Patterson's alleged web activity in December twenty twenty four, so nineteen months after the searches.
Other than the fact this is a page with the same name, same URL, same address, you don't have any evidence as to what the landing page for this URL was in May twenty twenty two. No, I don't, sir, Or if it was this landing page in twenty twenty two, whether any of the details contained on it were the same then yes.
Mandy also asked Eppingstall why the police's mobile phone expert, Dr Matthew Cerrell had not done a more detailed report on some aspects of the evidence about where Patterson's phone was allegedly pinging mobile phone towers. If you've been following the trial, you might recall Doctor Currell told the jury that Aaron Patterson's phone allegedly pinned mobile phone towers in the area where deathcat mushrooms had recently been reported on the Eye Naturalist website. Eppingstall said he was restricted by costs and only did the most detailed search called an EBM, for a limited number of days.
Is there a reason why EBM data wasn't obtained for all of the days in the relevant period.
Yeah, A very good reason is it's very cross prohibitive. EBMs. When they first came out a couple of years ago, they were about seventeen hundred dollars for two hours. I know that price has come down a fair bit, but to get EBMs for a period every year, we'd be talking well into six figures. And my boss isn't real keen when I spend too much money.
Epping Stool also said.
Look, Professor Surrel likes to upsell us in a lot of things. We've got to be careful with what we tell him, and so just because we don't want the evidence to be tainted, we give him very little instructions.
The trial continues in the Victorian Supreme Court, sitting at more Well in the Latrobe Valley. You can follow live coverage by our reporters Elie Dudley and John ferguson anytime at the Australian dot Com dot Au