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The mushroom poisoning in Vic...... we are gripped!.....Part 3

615 replies

Dustyblue · 04/06/2025 01:05

New thread! Cheers @echt for noticing!

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Yazzi · 10/07/2025 23:26

Blueyshift · 10/07/2025 22:17

But it is fact she didn't speak to them in A and E. I didn't know it was a line from Tom C but it does fit. He didn't notice her go check on them. That is a fact.
It is crazy how much is inadmissible.

The first rule of evidence is section 55 of the evidence Act: for evidence to be admissible, it must be relevant to a fact in issue (legally: could it rationally affect the assessment of the probability of a fact in issue) The facts in issue: did she kill them? Did she mean to?

It has been proven time and time again that acting unexpectedly, unemotionally, or coldly after the deaths of loved ones is not indicative of whether someone killed them or not. In Australia, most famously with Lindy Chamberlain. Therefore, likely for this reason (though none of us know if the prosecution ever sought to have it adduced anyway), that evidence is not relevant, and inadmissible.

PS- the movie is "a few good men". It's no "the castle" but it's a good watch :)

Yazzi · 10/07/2025 23:28

GirlOverboard123 · 10/07/2025 23:22

Sorry, I don't really understand your post, as that's pretty much exactly what I was saying. Maybe I just didn't explain myself very clearly.

Just because you personally don't know the reason doesn't mean it's a bad one.

I said it seemed "weird" to me that the CCTV evidence of the tip run was inadmissible "but there obviously must be a reason". To elaborate - it seems surprising to me, but that's because I'm a layperson who has pretty much no knowledge of the legal technicalities around criminal trials. I was absolutely NOT saying it's a bad decision or that I know better than the very experienced lawyers or judge. If the evidence was ruled inadmissible, then there was a good reason. It's just something I found surprising and interesting.

In this case, things were excluded that make her seem more guilty. If admitted by the judge, the defence may have used them as a basis for an appeal. EP was found guilty in their absence, making the conviction more sound and an appeal less likely to be successful. Surprised you don't see this as a good thing.

Absolutely. That was my thought too and what I was trying to get across: "It feels like a good thing that so much important evidence got thrown out though, regarding a possible appeal. It shows what an excellent job her defence have done, so it sounds very unlikely she could argue ineffective assistance of counsel."

Or in other words - I believe she's guilty, so it's a good thing to me that a lot of evidence was ruled inadmissible and she still got found guilty. Because if her lawyers had done a sub-par job and allowed evidence to be heard that should have been inadmissible (like the tip run CCTV from after the meal) then she could use that as grounds for an appeal.

Sorry- you're so right- I completely misread it in a bout of early morning pregnancy insomnia :)

InWalksBarberalla · 10/07/2025 23:33

I suspect what you are paying for in a defence lawyer is not only how good they are at trial - but even more importantly how good they are at getting I incriminating evidence made inadmissible. Her defence did a great job - the paper on what dosage of death cap toxins are lethal to humans found on her computer somehow 'automatically downloaded by her computer' and ruled out'
And the defence must have been fuming when she come up with her cock and bull story on the stand about binge eating cake and vomiting at the time that CCTV footage (that had been ruled inadmissible) showed her at the tip.

Choux · 10/07/2025 23:42

I could never be a defence lawyer. Trying to get people off when you know they are guilty would mess up my sanity.

GirlOverboard123 · 10/07/2025 23:48

Yazzi · 10/07/2025 23:28

Sorry- you're so right- I completely misread it in a bout of early morning pregnancy insomnia :)

No worries, and I retract the bit at the end of that post where I rolled my eyes at the 'not guilty' people, that wasn't very nice. We're all entitled to our views on her innocence or guilt.

Yazzi · 11/07/2025 00:59

GirlOverboard123 · 10/07/2025 23:48

No worries, and I retract the bit at the end of that post where I rolled my eyes at the 'not guilty' people, that wasn't very nice. We're all entitled to our views on her innocence or guilt.

Oh no dramas on that!

To be clear though I think as @Dustyblue mentioned once, most of those of us who leant "not guilty" felt that it hadn't been established on the admissible evidence beyond reasonable doubt rather than a total belief in her innocence. She has the right to try to appeal and really, if facing a multi decade sentence, who wouldn't?

But as I said before the outcome, I didn't and don't think a verdict of guilty is a legal miscarriage of justice- particularly as the jury saw and considered far more evidence than me :)

echt · 11/07/2025 01:10

InWalksBarberalla · 10/07/2025 23:33

I suspect what you are paying for in a defence lawyer is not only how good they are at trial - but even more importantly how good they are at getting I incriminating evidence made inadmissible. Her defence did a great job - the paper on what dosage of death cap toxins are lethal to humans found on her computer somehow 'automatically downloaded by her computer' and ruled out'
And the defence must have been fuming when she come up with her cock and bull story on the stand about binge eating cake and vomiting at the time that CCTV footage (that had been ruled inadmissible) showed her at the tip.

I would imagine the defence team had their work cut out just getting her to shut up.

Dustyblue · 11/07/2025 02:44

I can understand why not every last piece of "evidence" can or should be allowed in a jury trial.

Does anyone remember, way back before EP was arrested & charged, a photo of a wall in her house with some pretty nasty kids drawings on it was taken by a tradesman & sent to the media?

It's that sort of thing that could lead the jury, when in fact it has nothing to do with the issue at hand.

@Yazzi If I ever do something terrible & find the cops circling you might get a PM from me saying "Help! I think I fucked up!"

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Yazzi · 11/07/2025 03:18

Dustyblue · 11/07/2025 02:44

I can understand why not every last piece of "evidence" can or should be allowed in a jury trial.

Does anyone remember, way back before EP was arrested & charged, a photo of a wall in her house with some pretty nasty kids drawings on it was taken by a tradesman & sent to the media?

It's that sort of thing that could lead the jury, when in fact it has nothing to do with the issue at hand.

@Yazzi If I ever do something terrible & find the cops circling you might get a PM from me saying "Help! I think I fucked up!"

Hahaha I'd be honoured!

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Blueyshift · 11/07/2025 06:29

Dustyblue · 11/07/2025 02:44

I can understand why not every last piece of "evidence" can or should be allowed in a jury trial.

Does anyone remember, way back before EP was arrested & charged, a photo of a wall in her house with some pretty nasty kids drawings on it was taken by a tradesman & sent to the media?

It's that sort of thing that could lead the jury, when in fact it has nothing to do with the issue at hand.

@Yazzi If I ever do something terrible & find the cops circling you might get a PM from me saying "Help! I think I fucked up!"

Yes I remember that. Looked like kids scribbles.

I am going to have to look at the Lindy case as I keep seeing everyone talking about it.

I think the different country laws has me confused as well as in the letby case stuff like this was included. Nothing came out afterwards about her either. Also folllowing the Constantce Maretn and Mark Gordon case. The aristocrat and boyfriend whose baby froze to death on the run. Now there is how a trial can go so wrong. Currently on the second one. The EP and Diddy case have reached a conclusion before this one.

EleanorReally · 11/07/2025 06:31

i dont understand nasty kids drawings?
how can they be nasty?

Blueyshift · 11/07/2025 06:48

EleanorReally · 11/07/2025 06:31

i dont understand nasty kids drawings?
how can they be nasty?

Saying you die ny the sword and RIP Gramdma stuff like that.
Dark more so than nasty really.

Dustyblue · 11/07/2025 07:39

EleanorReally · 11/07/2025 06:31

i dont understand nasty kids drawings?
how can they be nasty?

If you'd seen the drawings you'd know.

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Dustyblue · 11/07/2025 07:43

For those interested in Linday Chamberlian and the frightful miscarriage of justice the Australian courts did to her- you are better off looking up her daughter's name, Azaria.

Death of Azaria Chamberlain - Wikipedia

Death of Azaria Chamberlain - Wikipedia

https://en.wikipedia.org/wiki/Death_of_Azaria_Chamberlain

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velvetandsatin · 11/07/2025 09:22

EleanorReally · 11/07/2025 06:31

i dont understand nasty kids drawings?
how can they be nasty?

Google Erin Patterson "death wall". Tons of images of it, or articles re.

Erin Patterson: ‘Death wall’ found in mushroom chef’s former home | news.com.au — Australia’s leading news site for latest headlines

KidsDoBetter · 11/07/2025 13:02

I really don't think those drawings are relevant at all. Kids can become quite death obssessed. If it was Erin's work, quite a different matter.

On a different note - I read a Guardian piece yesterday - different to the above - about the various books, dramas etc that are in the pipelines. Actresses names touted included Kathy Bates!! Er ... Kathy is 77. Erin was 47 at the time of the murders. Not a young looking 47 granted, but think that is pushing it. Essentially they named any historicall overweight actress - Melissa McCarthy, the baby Reindeer woman and so on. She might be quite good if she can do a proper Aussie accent.

velvetandsatin · 12/07/2025 01:12

I really don't think those drawings are relevant at all. Kids can become quite death obssessed.

I think it was just something interesting/odd that came up in the early days. Most people don't let their children draw on the walls. And it was an eerie coincidence that the phrase "Grandma R.I.P." was drawn on a tombstone...

Dustyblue · 12/07/2025 02:36

I agree, just thought it was an example of something best left out of the trial evidence as it could've lead the jury unnecessarily.

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Dustyblue · 12/07/2025 03:02

velvetandsatin · 12/07/2025 01:12

I really don't think those drawings are relevant at all. Kids can become quite death obssessed.

I think it was just something interesting/odd that came up in the early days. Most people don't let their children draw on the walls. And it was an eerie coincidence that the phrase "Grandma R.I.P." was drawn on a tombstone...

Oh yes, my Dad died last year and my DS9 had so many questions about dead Grandpa it almost did me in. Fucking horrible it was.

Although if he'd drawn on the walls I would've painted over it!

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Dustyblue · 12/07/2025 03:18

KidsDoBetter · 11/07/2025 13:02

I really don't think those drawings are relevant at all. Kids can become quite death obssessed. If it was Erin's work, quite a different matter.

On a different note - I read a Guardian piece yesterday - different to the above - about the various books, dramas etc that are in the pipelines. Actresses names touted included Kathy Bates!! Er ... Kathy is 77. Erin was 47 at the time of the murders. Not a young looking 47 granted, but think that is pushing it. Essentially they named any historicall overweight actress - Melissa McCarthy, the baby Reindeer woman and so on. She might be quite good if she can do a proper Aussie accent.

On a different note - I read a Guardian piece yesterday - different to the above - about the various books, dramas etc that are in the pipelines. Actresses names touted included Kathy Bates!! Er ... Kathy is 77. Erin was 47 at the time of the murders. Not a young looking 47 granted, but think that is pushing it. Essentially they named any historicall overweight actress - Melissa McCarthy, the baby Reindeer woman and so on. She might be quite good if she can do a proper Aussie accent.

After 2 years of following this, I'm not sure I'd rush to the cinema to see the movie!

Kathy Bates is always the evil character isn't she? But at 77.... oh come on! Really? Jennifer Gunning (Baby Reindeer) was fabulous in that role, poor Melissa Mcarthy only ever gets to play overweight women. Jeez, nice to see stereotyping is alive and well.

Although if Helen Garner writes a book I'll definitely read it.

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TerrorAustralis · 12/07/2025 04:12

And it was an eerie coincidence that the phrase "Grandma R.I.P." was drawn on a tombstone...

Their other grandmother (Erin’s mother) was already dead at that time, so it probably referred to her.

VikingLady · 14/07/2025 22:36

Wouldn’t mushroom poisoning have come up in post mortems/autopsies though? Which would have led to questions.

(I’m also amused that autocarrot is obsessive about trying to change mortem to mittens!)

Dustyblue · 15/07/2025 00:47

Autocarrot 😂

I don't think it would show up in an autopsy unless they were specifically looking for it?

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