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Brianna Chesser

Brianna Chesser

Aug 18, 2026

speaker_0HOST
2:25
They were at the same hotel as prosecutors and a police witness.
2:29
So we know in our legal system that not only does justice need to be done, it needs to be seen to be done.
2:36
So my question here would be about what actually do the defense have? Do they have any evidence of a particular interaction that's compromised the minds of the jury? Have they obtained statements from witnesses about that? Is there more to what happened, or is this a philosophical argument that resulted as a result of a failure of logistical planning? I mean, there aren't very many hotels [laughs] so it was really quite limited.
speaker_0HOST
3:08
It's being heard in the Court of Appeal.
3:10
So appeals in, in Victoria are decided by a bench of senior judges.
3:16
The purpose of this Court of Appeal panel is to review legal errors, assess procedural fairness, and to have a look at evidence admissibility.
3:26
So we've gotta remember that they're not there to retry the facts, so it's gonna be limited in terms of what evidence can be put before the Court of Appeal and then what they can do with that.
9:01
Mm-hmm.
9:02
And you might remember that this is where people post death cap mushroom sightings, basically.
9:08
That particular evidence was permitted to be admitted, and the defense is saying it ought not to have been admitted ever.
9:16
Now, I think what the defense is really gonna be pointing to is that the prosecution couldn't prove that Patterson even was aware of that app or saw those notifications.
9:24
So they're really relying on relevance, if you like.
9:28
[pensive music] Now, look, all of this sounds really quite particular and a little bit strange, but what the defense is saying is that by including this particular evidence, it enabled the prosecution to prove that there was a history of foraging or a pattern of foraging that didn't actually exist.
9:49
What the prosecution was saying was, "Well, you know, Patterson foraged all the time, so she would know what a death cap mushroom was-
11:14
Now, just remind me about that, because there was a concern about where people were staying during the trial.

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