Erin Patterson mushroom trial: Accused triple murderer faces Supreme Court hearing in Morwell

The mother-of-two is on the stand at her murder trial, accused of killing her three in-laws with poisonous death cap mushrooms.
Erin Patterson is facing a Supreme Court hearing at Morwell.

Erin Patterson mushroom trial: Accused triple murderer faces Supreme Court hearing in Morwell

The mother-of-two is on the stand at her murder trial, accused of killing her three in-laws with poisonous death cap mushrooms.

A mother accused of murdering three relatives and attempting to kill a fourth at a family lunch by serving up beef wellington with poisonous death cap mushrooms is standing trial at Latrobe Valley Law Court.

Erin Patterson, 50, has pleaded not guilty to murdering her former in-laws, Don and Gail Patterson, both 70, and Gail’s sister, Heather Wilkinson, 66, after the trio died days after attending a July 2023 lunch at her Leongatha home.

She has also pleaded not guilty to attempting to murder Heather’s Baptist pastor husband, Ian, 68, who spent months in hospital, but survived.

Her trial continues.

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Patterson says she was ‘mistaken’ about gastric bypass appointment at ENRICH Clinic and booking was to ‘assess her weight loss needs’

Patterson’s defence barrister Colin Mandy SC is asking her about her evidence that she had a gastric bypass surgery-related appointment booked at ENRICH Clinic in Melbourne for September 2023.

Under cross-examination this week, senior Prosecutor Nanette Rogers put it to Patterson that ENRICH Clinic does not offer gastric bypass surgery.

Patterson said she was “puzzled” as she did have an appointment booked, but said it may have been for another weightloss surgery such as liposuction.

Rogers then showed Patterson a statement from the clinic which indicated the services it offers, and the mother-of-two conceded it does not offer gastric bypass surgery.

As part of re-examination, Mandy presented a record to Patterson.

Mandy: “This records says that on the 19 April you made a voice call to the Enrich Clinic. Then again you contacted the ENRICH Clinic on 31 May. “

“What did you know when you made those phone calls?”

Patterson: “I was under the understanding they offered services related to weightloss - such as gastric bypass and liposuction and everything in between.”

Mandy asked Patterson about the purpose of the booking.

Patterson: “I hadn’t actually had an in-person appointment with them yet. My understanding was we would discuss my needs, what best suited me, then schedule that in.”

The court heard Patterson cancelled the appointment in September 2023.

Mandy then showed Patterson a screenshot of the ENRICH Clinic website from June this year, which noted that liposuction was no longer offered as a service from this year.

Mandy asked what services Patterson understood the clinic to offer in July 2023.

Patterson: “I understood them to be offering liposuction and other weightloss options such as the gastric bypass and sleeve.”

Mandy: “Why did you cancel the appointment?”

Patterson: “Umm.. It was a very difficult time.”

Mandy put it to Patterson that she now understood they did not offer gastric bypass surgery.

Patterson agreed, saying she was mistaken.

Jury sent home for the day

Justice Beale has told the jury the evidence in the trial has now concluded.

He said the trial is now at the stage where legal parties will need to have further discussions without their presence.

The jury has been sent home for the rest of the afternoon and will be notified later today whether or not they will be required to attend tomorrow.

Patterson accepts she was the ‘most likely’ person who searched for iNaturalist on her device

Mandy noted Patterson told Rogers during cross-examination that she could not remember conducting iNaturalist searches on her devices in May 2022 but it seemed that “somebody” had.

Asked by Mandy about her response to Rogers, Patterson said:

“​

Patterson says she cooked sixth beef wellington to finish off pack of meat

Mandy has asked Patterson about the sixth beef Wellington.

Rogers suggested Patterson prepared a sixth beef wellington with death cap mushrooms to serve to Simon Patterson.

Patterson rejected the suggestion, saying she cooked the sixth serve as a general extra portion, which wasn’t for anyone in particular.

Under re-examination, Patterson was asked about the sixth serve,

She said she cooked that many serves because that was how many individual eye fillets she had purchased.

Patterson: “I had five twin packs, I put two of the twin packs in the freezer and just decided to use the other six, I had enough ingredients.. So I did that.”

Patterson questioned about lack of foraging messages to friends and family

Mandy has asked Patterson which time of the year is ideal for mushroom picking.

Patterson indicated autumn was the season mushrooms typically grow.

Mandy asked Patterson how many times she had been foraging in the lead up to the lunch.

Patterson: “A handful of times. Not that much.”

Mandy asked Patterson how often she spoke to Simon about meals in their messages.

Patterson: “I don’t think we ever spoke about meals. It just wasn’t interesting or relevant to us.”

Mandy noted there were hundreds of messages between Patterson and her Facebook friends tendered to court.

The prosecution previously suggested Patterson never spoke about her foraging hobby with her Facebook friends.

Mandy: “Is it your understanding the 600 messages cover a period of about two weeks (up until 19 December 2022)?”

Patterson: “Yes.”

Mandy: “And it was suggested there were no messages about foraging... How productive is foraging in December?”

Patterson indicated it wasn’t a productive season for mushroom foraging.

Patterson says she was ‘mistaken’ about gastric bypass appointment at ENRICH Clinic and booking was to ‘assess her weight loss needs’

Patterson’s defence barrister Colin Mandy SC is asking her about her evidence that she had a gastric bypass surgery-related appointment booked at ENRICH Clinic in Melbourne for September 2023.

Under cross-examination this week, senior Prosecutor Nanette Rogers put it to Patterson that ENRICH Clinic does not offer gastric bypass surgery.

Patterson said she was “puzzled” as she did have an appointment booked, but said it may have been for another weightloss surgery such as liposuction.

Rogers then showed Patterson a statement from the clinic which indicated the services it offers, and the mother-of-two conceded it does not offer gastric bypass surgery.

As part of re-examination, Mandy presented a record to Patterson.

Mandy: “This records says that on the 19 April you made a voice call to the Enrich Clinic. Then again you contacted the ENRICH Clinic on 31 May. “

“What did you know when you made those phone calls?”

Patterson: “I was under the understanding they offered services related to weightloss - such as gastric bypass and liposuction and everything in between.”

Mandy asked Patterson about the purpose of the booking.

Patterson: “I hadn’t actually had an in-person appointment with them yet. My understanding was we would discuss my needs, what best suited me, then schedule that in.”

The court heard Patterson cancelled the appointment in September 2023.

Mandy then showed Patterson a screenshot of the ENRICH Clinic website from June this year, which noted that liposuction was no longer offered as a service from this year.

Mandy asked what services Patterson understood the clinic to offer in July 2023.

Patterson: “I understood them to be offering liposuction and other weightloss options such as the gastric bypass and sleeve.”

Mandy: “Why did you cancel the appointment?”

Patterson: “Umm.. It was a very difficult time.”

Mandy put it to Patterson that she now understood they did not offer gastric bypass surgery.

Patterson agreed, saying she was mistaken.

Patterson has commenced re-examination

Patterson has started re-examination by her defence team.

Prosecution ends cross-examination of Patterson

The prosecution has finished its cross-examination of Patterson with three final points outlining the crux of their case.

Rogers put it to Patterson that she deliberately sourced death cap mushrooms and put them in the dish she served to her lunch guests with the intention of killing them.

Patterson disagreed.

Patterson doubles down on claim she was in the process of changing her mobile phone

Patterson is being questioned about her two mobile phones.

The court previously heard she had two mobile phones (dubbed phone A and phone B).

Phone B was handed into police while phone A has never been recovered.

The court previously heard data records suggest the 783 sim card was in regular use in phone A up until 5 August, which was the day police searched her home.

The data records show the sim card lost connection to the network sometime between 12.01pm and 1.45pm, while detectives were at her home.

It was later reconnected during the early morning hours after being inserted into a Nokia mobile phone.

Phone B, when handed to police, contained a sim card ending in 835 which had been registered on 11 July 2023 and predominantly used in a tablet device.

The court has previously heard several factory resets were performed on phone B - including once remotely on 6 August 2023 while the phone was already in police custody.

Rogers: “This is the phone you provided to police on 5 August 2023. It has been known in this trial as phone B. It was blank when you handed it to police?”

Patterson: “I don’t know what you mean by blank.”

Rogers suggested to Patterson she told police her phone number was the number ending in 835, even though her usual phone number ended in 783.

Patterson: “I wasn’t asked if it was my usual phone number.”

Rogers: “Your usual phone number was the number ending in 783, correct?”

Patterson: “It was until the day before when I was (in the process of) changing my number.”

Rogers suggested Patterson was happy to give police the phone B because it was blank and didn’t have her normal sim card.

Patterson denied that was the case.

Rogers noted Patterson told a child protection worker she was intending to change her number on 4 August 2023.

Rogers suggested Patterson had not been in the process of changing her phone because she made that phone call to the child protection worker using her normal phone number and using phone A.

Patterson disagreed and reiterated that she was in the process of changing her phone.

Rogers then referred Patterson to previous evidence that indicates four factory resets were made in 2023 on phone B.

Patterson previously told the court one of those factory resets earlier in the year were performed by her son, while three conducted in August ( on th 2nd, 5th, and 6th) were done by her.

Patterson previously told the court the first of her factory resets was so she could take her son’s information of it to use it as her own phone, the second was to remove her Google photos of mushrooms and the hydrator because she was panicking after the lunch, and the third just to see if police were “silly enough” to leave it connected to the internet.

Rogers suggested Patterson did the three factory resets on Phone B to conceal its true contents and pass it off as her own phone.

Patterson disagreed.

Rogers then suggested Patterson deliberately concealed phone A from police as it was her primary phone and she did not want police to see its contents as it would “incriminate” her.

Patterson disagreed.

Patterson denies making up dehydrator conversation with Simon

Rogers noted Patterson previously told the court she dumped the dehydrator after a conversation with Simon while she was in hospital.

Patterson claims he asked her “Is that what you used to poison my parents?”, but Simon has denied ever making that statement.

Rogers: “I suggest that this is another lie told by you to try and explain why, just the very next day, you went out ... to dispose of the dehydrator.”

Patterson disagreed.

Patterson says her children were mistaken about her also eating lunch leftovers

Rogers noted Patterson’s children both told police their mother prepared food for herself on the night of Sunday 30 July 2023, while they ate the lunch leftovers.

Rogers put it to Patterson that her daughter told detectives her mother ate the same meal as her and her brother.

Patterson said her children were both incorrect.