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 has pleaded not guilty to four charges.

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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‘Doesn’t make sense’: Prosecution question why Patterson used ‘smelly’ mushrooms in her ‘special meal’

Rogers said prosecution alleges the second key deception was “the lunch”.

“This is the critical deception that the prosecution alleges against her,” Rogers said.

“That she deliberately set out to obtain death cap mushrooms then secreted them into the beef wellington.”

“At the same time, she made herself a beef wellington without death cap mushrooms.”

Rogers said Patterson used “a nourishing meal as the vehicle to administer the deadly poison”.

Rogers questioned why Patterson deviated so much from the recipe for what she claimed was a “special lunch”.

Rogers said the prosecution say that was a choice as it was the “only way she could ensure she would not consume death cap mushrooms herself”.

Rogers said Patterson had “no need” to add dried mushrooms to the meal as she had plenty of button mushrooms, as shown from her Woolworths receipts in the days prior to the lunch.

Rogers also said it didn’t make sense that she added dried mushrooms that “smelt unpleasant” to a meal she wanted to be special.

Court has wrapped up for the day

Court has finished for the day.

Follow along tomorrow for more updates.

Fourth alleged deception, part 2: Lying about the source of the mushrooms

Rogers said the court previously heard evidence Patterson was familiar with that region of Melbourne and had previously worked at Monash Council.

Rogers said while her lunch guests remained ill in hospital, Patterson “sat on her hands” and did not actively help public health officers, while her description of the mushrooms’ source “shifted and grew broader as time went on”.

Rogers said it was evident while Patterson was on the stand that she had a good memory.

“She could recall dates easily as she was being asked questions over many days,” Rogers said.

“Even now, (under cross-examination) she could recall April 28 was a Friday, and not a Monday (as I had said)- yet in August 2023 she could not recall the location where she purchased the Asian mushrooms.

“It simply beggars belief.”

Rogers alleged Patterson’s claims to police that she had been helpful to public health officers was a lie.

She noted public health officer Sally Ann Atkinson made multiple attempts to call Patterson, but she did not answer the phone, return the call, or respond to her texts.

“The accused was so unresponsive that Ms Atkinson enlisted the help of (the child care worker).

“She was not forth coming with the Department of Health because the story she was telling about the Asian grocer was not true.”

Rogers alleged Patterson dumped the food dehydrator because she knew it had been used to dry death cap mushrooms.

Rogers said jurors should not buy into Patterson’s claims that she “panicked”.

“No amount of panic could justify holding back information at that stage,” Rogers said.

“She lied because she knew she had deliberately foraged death cap mushrooms.

“Mr Mandy may argue that she wasn’t trying to cover her tracks, (that) she panicked.

“You should reject that. This was a lie that persisted over many days and was told to many people.”

Fourth alleged deception, part 1: Lying about the meal

Lying about the meal

Rogers said the statement that the children ate the leftovers came from only one source: The accused.

Rogers noted Patterson’s children told detectives that it was their mother who told them they were eating leftovers.

Rogers said Patterson first told staff at Leongatha Hospital on 31 July 2023 that she had fed the kids the meal, but alleged that was just one of “multiple” lies she proceeded to tell people over the next few days

Rogers questioned why Patterson fed her children the same meal from the lunch when she was aware by that time that her lunch guests were ill.

Rogers then noted Patterson’s reluctance to have her children brought to hospital for treatement after being told of the possible risk to their health.

Rogers said Patterson claimed she was more concerned the children might get ‘stressed’ if taken out of school, when she should of been more concerned they may have been poisoned.

“You may think this is an extraordinary response from a mother,” Rogers said.

Rogers said the children’s test results showed they were in perfect health, despite allegedly eating the meat from the meal.

Rogers noted the court previously heard evidence that the death cap mushroom toxins had seeped into the meat collected from the leftovers.

“It is impossible, we suggest to you, that the accused could of served up a piece of steak with all of the mushrooms and pastry removed,” Rogers said.

Rogers alleged Patterson was cooperative in helping police recover the beef wellington leftovers from her house because she had no choice.

“To have refused permission, would have immediately looked suspicious,” Rogers said.

Rogers said in her interview with detectives, Patterson made it sound as though she was the one who suggested the collection of the leftovers, but other testimony provided in court showed that was not the case.

Rogers alleged the beef wellington recovered from the bin was intended for Simon Patterson.

Rogers said Patterson lied about her children consuming the meal to make out the poisonings were a “shocking accident”.

“There is no other reason why she would tell a lie about something so important as the health of her children,” Rogers said.

Fourth alleged deception: Prosecution say Patterson made ‘sustained effort to conceal the truth’

Rogers has alleged Patterson’s fourth key deception was her “sustained effort to conceal the truth”.

“When you examine the evidence of what the accused said and did after the lunch, you will see the accused lied and acted deceptively to deflect blame and suspicion about what she had done,” Rogers said.

Rogers said prosecution will allege the fourth deception could be broken into four components:

1. Lying about her children eating the meal

2. Lying about the mushrooms used in the beef wellington

3. Dumping the dehydrator

4. Concealing her usual phone from police.

‘Inexplicable’: Prosecution says there is ‘no evidence’ regarding Patterson’s post-meal vomit claims

Rogers said the prosecution anticipates the defence will argue the accused was sick, just that she was less sick than the others.

Rogers argued that it was “inexplicable’”, though, that her four guests became gravely ill while she didn’t.

Rogers said Gail only ate about a third of her meal, while Patterson reported to various people that she only ate around half.

Rogers also noted her lunch guests did not recall her eating a significantly smaller portion of her meal.

Rogers said the prosecution also anticipate that the defence may point to Patterson’s claim that she vomited after the meal as a reason she did not fall ill.

Rogers said the experts presented by the prosecution were not questioned about how vomiting may mitigate death cap poisoning symptoms.

“There was no evidence from any witness as to whether vomiting would reduce the impacts of the poison,” Rogers.

Rogers said even if it was to be assumed vomiting was likely to lessen the impact, there was no evidence as to how soon one would need to vomit after ingesting the poisonous mushrooms.

Rogers noted Patterson was also “vague” about when she had allegedly vomited and never told any medical staff she had vomited.

“The accused did not tell a single medical person that she had vomited some time after the lunch - the whole reason she was there centred on what she may or may not have consumed,” Rogers said.

“We suggest if the accused had truly vomited, that is a detail she would have shared with medical staff.

“The fact that she never made any mention of it should cause you to seriously doubt this claim and we suggest, reject it as a lie.”

Rogers also noted toxicologist Dimitri Gerostamoulos was asked about what would happen when two people ate the same portion of a meal containing death cap mushrooms, and one survived and the other died.

Rogers said Gerostamoulous said he would expect adverse outcomes for the survivor, and referenced a recent case where one person died and the other ended up in ICU for weeks.

“That is a far cry from what we saw with the accused,” Rogers said.

Prosecution compare differences in Patterson and her lunch guests’ symptom trajectory

Rogers has read to the jury the symptoms Patterson’s lunch guests suffered after the meal.

Rogers compared the progression of their illness to the timeline of Patterson’s reported symptoms.

In one example, Rogers said Ian Wilkinson was in hospital constantly vomiting on the morning of 31 July 2023.

Prosecution continue to examine Patterson’s medical results

Rogers is examining various tests performed on Patterson in the days after the lunch.

Blood tests:

Rogers said Patterson’s blood test showed her lactate was normal, her haemoglobin was a little high, her urea in the reference range, and her potassium normal. Rogers said Dr Foote found there was no evidence of Patterson suffering from electrolyte disturbance.

Liver function:

Rogers said the first thing that alerted doctors to the illness of the lunch guests was a disturbance in their lactate levels. Rogers said Patterson’s lactate rates were normal. Rogers said liver function tests were normal, and her white blood cells and platelets were within the normal range. She said the court previously heard there was no evidence Patterson had death cap poisoning.

Rogers said the only abnormal results for the accused were marginally elevated fibrinogen, low potassium, and elevated haemoglobin. Rogers said the evidence provided by medical expert Professor Andrew Bersten suggests the elevated fibrinogen was likely due to stress.

While there are various possible causes for low potassium (including diarrhoea or stress), Rogers said the records when taken in conjunction do not suggest she had diarrhoea.

Rogers said Professor Bersten previously told the court Patterson’s elevated haemoglobin was consistent with mild dehydration - but that was not consistent with the severity of dehydration suffered by her lunch guests.

Rogers said Professor Bersten said some of Patterson’s medical results were consistent with a diarrhoeal illness, but he noted those results would need to be compared to the progression of the symptoms to form a more accurate analysis.

Rogers said Patterson’s condition did not deteriorate, which she suggested indicated she was not sick with a diarrhoeal illness.

Rogers also noted several medical staff gave testimony that Patterson did not appear as sick as her lunch guests while she was in hospital.

Prosecution delve into Patterson’s symptoms

Rogers has told the jury she plans to go over the medical evidence regarding Patterson’s symptoms in the days after the lunch.

She noted several categories she wanted to delve into included Patterson’s reported abdominal pain, diarrhoea, and heart rate and blood pressure.

Abdominal pain:

Rogers said Dr Veronica Foote previously told the court Patterson was experiencing “tenderness” in the abdominal area. However, Rogers added that Dr Foote also said the symptom was determined by checking a patient’s reaction and verbal questioning.

Diarrhoea:

Rogers said the “only” bowel motions Patterson had while in Hospital were at Leongatha Hospital and subsided around 10.15am. Rogers said there was no evidence Patterson had received diarrhoea relief medication and the symptom appeared to be gone by Monday - a much shorter timeframe than her lunch guests. Rogers also noted paramedics reported Patterson appeared to be chatty in the ambulance to Monash Hospital and did not request a toilet stop on the more than an hour drive.

Heart rate and blood pressure:

Rogers noted the court previously heart evidence that Patterson had an elevated heart rate, which settled over time. Rogers said the court previously heard evidence from Dr Foote that fluctuations in heart rate levels could be due to stress.

‘You might find that an odd thing for the accused to say’: Prosecution reflect on Patterson’s comment to nurse about her ‘wee-like’ poo sample

Rogers said the court previously heard Patterson gave nurse Mairim Cespon several stool samples once she arrived at Leongatha Hospital the second time on 31 July 2023.

Rogers said Cespon noted they were “watery, yellow-clear in colour, looks like urine, but patient saying it is a stool”.

“The accused said (to Cespon), ‘it does look like a wee, but it is a bowel motion’,” Rogers said.

“You might find that an odd thing for the accused to say, seeking to reassure her that it was a bowel motion.”

Rogers said what Patterson “produced in the pan” was subjected to a PCR test and no pathogens were detected, but “that does not tell us whether it was a stool or not”.

Rogers said while it was not clear what specimen Patterson provided to medics, it was not caused by eating death cap mushrooms.

‘Her reaction? She wanted to leave’: Prosecution allege Patterson left hospital because she knew her actions had been detected

Rogers said Patterson’s son told detectives he went downstairs on the morning of July 31 2023 and saw his mother drinking coffee.

He said his mother prepared lunches then dropped him and his sister at the bus stop to go to school

Rogers said Patterson then ​

Rogers said Patterson first became aware medics suspected there were death cap mushrooms in the meal when she spoke to Dr Christopher Webster when she arrived at Leongatha Hospital.

“This was the first time the accused knew death cap mushrooms had been identified as causing the lunch guests to fall ill,” Rogers said.

“This was the moment we suggest to you that she became aware her actions had been detected.

“Her reaction? She wanted to leave.”

Rogers said doctors and nurses tried to convince her to stay, but Patterson insisted she wanted to leave.

Rogers said Patterson told a nurse she was experiencing 7/10 pain, but there was nothing in her demeanor in the hospital CCTV that suggested that was the case.

Rogers said Patterson’s bid to leave was so drastic Dr Webster made three phone calls to her to ask her to come back.

“There is only one logical or reasonable explanation for why the accused left hospital after being told she may have consumed death cap mushrooms.

“She knew what she had done may be uncovered. She fled back to her house to plan how she may explain why she was not sick like her lunch guests.

“She knew very well that she had not eaten death cap mushrooms.”

Rogers said the conduct of discharging herself when she had been advised of the serious risk to her health is what they call “incriminating conduct” in legal cases.

Rogers said Patterson knew she was not at risk of dying because she knew she had not eaten death cap mushrooms.

Rogers said it did not make sense that Patterson left hospital after being told her life was at risk, nor did it make sense that she went home and took an hour and 45 minutes nap - as she later told Simon.

“We say these are not truthful accounts of what she did in that hour and 48 minute period,” Rogers said.

“It doesn’t make sense she would go home and lay down in those circumstances.”

Rogers said analysis from Dr Sorell indicated Patterson possibly drove along the Bass Highway, which leads southwest out of Leongatha, after leaving the hospital.

Rogers said the mobile phone data contradicts Patterson’s account that she went straight home and no where else after leaving the hospital and later returning.

Rogers said once Patterson returned to hospital, she was reluctant for herself and her children to receive treatment.

“Why would she be resistant to medical treatment if she was sick?” Rogers said.

“Her reluctance to receive medical treatment is inexplicable unless she knew she hadn’t eaten what made her guests sick.”