Two leading lawyers and a juror reveal what goes on behind the scenes of a high-profile murder trial, as Victoria's Supreme Court prepares for the Erin Patterson triple-murder case later this year.
When people hear the ABC is making a podcast about the trial, there's one question they always ask — "Did she do it?"
The pressure on the prosecution, defence and jury is likely to be immense. To get a glimpse inside their world, the ABC'sThe deaths of three lunch guests, the survival of another, an ongoing police investigation and Ms Patterson's tearful denials outside her home made global headlines.Check out in-depth interviews with Rishi Nathwani KC, Nick Papas KC and Sven Berger and other episodes about the trial of Erin Patterson."It's using mushrooms.
The high-profile trial is due to take place at the Latrobe Valley Law Courts complex in Morwell, about 150 kilometres from Melbourne.The job of Ms Patterson's defence lawyers will be to convince the jury that the charges can't be proved. "I tell every single client at the beginning and even on a good day, that a trial's a rollercoaster. And by that, I mean there's ups and there's downs," Mr Nathwani says.Mr Papas says it's a prosecutor's job to be across the brief of evidence, which could potentially stretch into thousands of pages.
The notion of a person opening themselves up to a barrage of questioning is a risk, Mr Nathwani concedes, but sometimes clients want to show they have nothing to hide. After 90 minutes, the mood in the jury room was "very depressed", Mr Berger says. After talking it through, they unanimously voted to impose the death penalty for the killer, Paul Storey.At the time he was aged 28 and was the youngest member of the jury. He said he lacked the courage to vote for the alternative.Storey hasn't been executed yet and remains on death row. Appeals have been lodged and Mr Berger believes some of the initial evidence presented to the jury was misleading.
Sometimes, lawyers look for signs that could give away the jury's position. Mr Nathwani says some believe a long deliberation bodes well for an acquittal. Or that laughter heard from the jury room suggests a cheerful group wouldn't deliver a murder conviction. On the flipside, jurors who enter the room looking nervous or avoiding eye contact could signal bad news.
Erin Patterson Murder Death Cap Mushrooms Beef Wellington Rishi Nathwani Nick Papas
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