Erin Patterson mushroom murder trial LIVE updates: Countdown to verdict as jury continues deliberations today

Justice Beale announced yesterday afternoon the jury would be sequestered for the evening and will continue deliberating at 10.30am today.

‘You’ve had a long day, and you deserve a break,’ he said.

‘I hope it’s a pleasant break this evening.’

Justice Beale warned the jurors not to ‘second guess’ the instructions of the jury keepers.

‘I’ll be making sure no one interferes with you. It would be an awful shame if you [make an error with the jury keepers’ instructions] and as a result we have a mistrial.

‘So, thank you ladies and gentlemen.’

Justice Beale said he will be at court while the jury deliberates.

Earlier yesterday, juror 105 and juror 106 were balloted out then escorted out of the court through the front door.

The remaining members of the jury then made an oath or affirmation not to discuss the trial with anyone else other than fellow jurors.

‘I will state the affirmation, and then I will ask you to say, I do so, declare and affirm you, and each of you, solemnly and sincerely declare and affirm that you will not discuss with any other person other than a member of this jury any matter relating directly or indirectly to the evidence in this trial, or the deliberations,’ Justice Beale’s associate said.

‘Please repeat, one by one, beginning at the end of this front row, I do so declare and affirm.’

Each remaining juror agreed they would.

The jury was then retired to deliberate, but Justice Beale said he will not ask a question or for a verdict between 1pm and 2.15pm.

The jury was told they can deliberate from 10.30am up until 4.15pm, but no verdict or question will be taken before or after those times.

The deliberations will continue at 10.30am.

Justice Beale took the jury through the ‘ultimate issue’ they need to consider, which is whether Patterson deliberately included death caps in her feast.

‘Now the ultimate issues are whether the accused deliberately included death cap mushrooms in the beef Wellingtons and whether she had the state of mind necessary for the alleged offences at the time she served the beef Wellingtons to them,’ Justice Beale said.

‘There are a number of issues that are related to those ultimate issues, and they include whether the accused had good reasons not to kill her lunch guests.

‘Whether she foraged for edible mushrooms, why she cooked individual beef Wellingtons, why the children weren’t at the lunch, whether she had a different plate to a guest, whether she allocated her own plate.

‘Whether she engaged in incriminating conduct after the lunch.’

Yesterday, Pastor Ian Wilkinson (pictured with wife Heather) with his arms crossed, looked sombre as the jury was instructed on how it should deal with the charge related to his attempted murder.

‘Turning to the elements of attempted murder, as you know… to prove that the accused committed the offence of attempted murder, in relation to Ian Wilkinson, the prosecution must prove the following four elements beyond reasonable doubt,’ Justice Beale said.

‘One, that the accused consciously, voluntarily and deliberately served Ian Wilkinson a poisoned meal, that’s the alleged conduct.

‘Two, the accused alleged conduct was more than merely preparatory to killing Ian Wilkinson, and immediately and not remotely connected with killing Ian Wilkinson.

‘Three, at the time of the alleged conduct, the accused intended to kill Ian Wilkinson, and four, the accused alleged conduct had no lawful justification or excuse.’

Yesterday, before the jury retired, Justice Beale said sometimes people made mistakes, but the jury needed to decide if Patterson knew her statements were untrue when she made them.

He explained to the jury about circumstantial evidence and how it works.

Justice Beale told them circumstantial evidence was ‘no weaker than other evidence’.

But he warned the jury to consider all the evidence in the case.

‘Do not guess,’ Justice Beale warned.

Justice Beale then described the trial like a jigsaw puzzle, which prompted laughter from the jury.

Lead defence barrister Colin Mandy SC (pictured second from right with his legal team) criticised the jigsaw analogy during his closing address to the jury.

Justice Christopher Beale concluded his address to the jury – or ‘charge’ – yesterday afternoon before the jury was retired to deliberate on the verdict.

On Monday afternoon, two jurors were balloted out leaving 12 to decide Patterson’s fate.

The five women and seven men will resume their deliberations this morning meaning there is a possibility a verdict in the murder trial, which has garnered worldwide attention, could come as early as today.

Patterson, 50, is accused of murdering her in-laws, Don and Gail Patterson, and Gail’s sister, Heather Wilkinson, after allegedly serving them a beef Wellington lunch made with death cap mushrooms.

Patterson is also accused of attempting to murder Heather’s husband, pastor Ian Wilkinson, who survived the lunch after spending several weeks in an intensive care unit.

The court heard Patterson’s estranged husband, Simon (pictured), was also invited to the gathering at her home in Leongatha, in Victoria’s Gippsland region, but didn’t attend.

Witnesses told the jury that Patterson ate her serving from a smaller, differently-coloured plate to those of her guests, who ate off four grey plates.

Patterson told authorities she bought dried mushrooms from an unnamed Asian store in the Monash area of Melbourne, but health inspectors could find no evidence of this.