By TOM HAYES and STEFAN BRADLEY
RESULTS of toxin tests were revealed and explained to the court during Erin Patterson’s Supreme Court trial on Friday, May 16.
Another witness took the stand to explain how the beef wellington samples were examined and analysed for death cap mushroom traces, revealing the results.
Three people died following a fatal beef wellington lunch, which allegedly contained death cap mushrooms, at the accused’s Leongatha home in July 2023.
Don and Gail Patterson, and Heather Wilkinson all died from the fatal meal. Gail’s husband, Ian Wilkinson fell ill, however survived the incident. The accused pleaded not guilty to three counts of murder and one count of attempted murder.
DR GEROSTAMOULOS, who was examined on the stand yesterday (Thursday, May 15), resumed his cross examination by the defence, confirming foil was in the sampled contents to the jury.
Dr Gerostamoulos said to the court smaller samples were tested as “it’s not possible to test the whole sample”.
He explained to the court how the testing process is played out, involving the concentration of samples to maximise the chance to find compounds of interest.
Dr Gerostamoulos told the court that the earlier a sample is taken, the better chance there is of finding evidence of toxins.
The court heard that all guests of the lunch were tested between 25 and 32 hours after the fatal lunch, while the accused was tested over 50 hours after the meal.
Dr Gerostamoulos confirmed to the court that Don and Ian both returned detections in their urine samples, while Ian also returned a detection in his blood.
As for the accused, Gail, Heather, and the children, all blood samples returned with no detections, and no urine samples were taken.
Dr Gerostamoulos told the court that the toxins sit in the urine for much longer than in blood, explaining it wasn’t uncommon for Don’s result.
He explained to the court of the variables that could contribute to the severity of poisoning, including amount consumed, concentration of toxins, toxin tolerance, and the health, age, and weight of the individual.
A short break was taken due to the objection of a question directed at Dr Gerostamoulos by the prosecution. The objection was later repealed by the defence, and answered toward the end of the hearing.
Dr Gerostamoulos answered the question regarding the health of two people who consumed death cap poisoning, where only one survived. He court the court that this has happened before, as recent as last year (2024). He reiterated to the court that it once again depends on the variables.
PLANT Health Australia Manager of Diagnostics, David Lovelock to the stand to end the third week of the trial.
In August 2023, he was asked to examine and analyse two samples of the beef wellington lunch, as well as the fruit platter and jug of gravy. He also told the court that he received seven tubes which included debris from the dehydrator.
He said a visual inspection was made on the fruit platter revealing no mushrooms, while an examination of the gravy also returned no results.
Dr Lovelock told the court that the two samples of beef wellington only returned traces of button mushrooms.
He told the jury that two of the seven tubes containing debris from the dehydrator detected death cap mushroom traces, adding the positive results had a 99 per cent similarity to the DNA.
Court was adjourned until Monday, May 19 at 10.30am.
Day 1, April 29
THE Director of Public Prosecutions dropped three charges against the alleged triple-murderer Erin Patterson, as the first day of her Supreme Court trial began in Morwell on Tuesday, April 29.
However, it was revealed yesterday that the DPP has dropped three additional attempted murder charges, relating to alleged attempts to kill Simon.
The jury was empanelled and received their instructions for the trial, which is expected to last as long as six weeks. Justice Christopher Beale notified the jury that its decision had to be unanimous.
Day 2, April 30
THE prosecution told the jury that accused triple-murderer Erin Patterson served her portion of the fatal beef wellington on a different coloured plate to those who fell critically ill, on Day 2 of the Supreme Court trial (April 30).
Counsel had the opportunity to provide background information to the jury.
CROWN prosecutor Nanette Rogers SC told the jury that the accused invited Don and Gail Patterson, and Ian and Heather Wilkinson for lunch to discuss a cancer diagnosis she had supposedly received.
Dr Rogers told the jury that the accused’s estranged husband, Simon, was invited, however declined due to being uncomfortable.
Both the prosecution and defence agreed that the cancer diagnosis did not occur.
Dr Rogers said the accused asked her guests how she should tell her children of the diagnosis, while her children were having lunch and a movie with a friend.
The prosecution told the jury that when serving lunch, the accused served her portion of the beef wellington on a smaller, orange-coloured plate to the four who fell ill, served on bigger, grey-coloured plates.
THAT evening stemming into the early hours of the following day, all four guests began to fall ill, the prosecution said.
Dr Rogers said Don and Gail were transferred to the Korumburra Hospital. Knowing this, Simon urged Ian and Heather to go to hospital, driving them himself to Leongatha Hospital.
Dr Rogers affirmed that Heather was allegedly beginning to question Simon regarding the plate situation.
Dr Rogers told the jury that questions about the accused’s health began to be of question with doctors at hospital, after speculation of different plates was a concern.
The prosecution confirmed that all guests were eventually transferred to Austin Hospital for further treatment, all being admitted into intensive care and treated for death cap toxins and activated charcoal.
The prosecution said that during this time, the accused had told her children that she had symptoms of diarrhoea on July 30.
Dr Rogers told the jury later that night, the children ate leftovers from the beef wellington lunch. The prosecution shared they ate no mushrooms due to their dislike to them.
Dr Rogers told the jury that on July 31, Simon urged the accused to go to hospital, offering to take her. She eventually admitted herself, the prosecution confirmed.
The prosecution said the doctor recognised her surname, asking her about the meal. The accused told the doctor she purchased the mushrooms from Woolworths.
Dr Rogers says the accused denied using foraged or wild mushrooms, telling the jury that the accused claimed half of the mushrooms were purchased from a Woolworths in Leongatha, and the other half from a Chinese grocer in the Melbourne suburb of Oakleigh.
The mushrooms were used to make a mushroom paste, Dr Rogers shared to the court.
Dr Rogers said the accused was adamant to leave the hospital, while blood tests taken during one of the accused’s hospitals visits showed she had no signs of being seriously unwell.
THE defence told the jury that the accused had lied about a cancer diagnosis and foraging mushrooms, but was innocent of murdering three relatives with a poisoned meal.
Both the prosecution and defence agree that the mushrooms has been foraged by the accused.
Defence lawyer Mr Colin Mandy says the accused “panicked” when telling lies to the police regarding the foraging of mushrooms and owning a food dehydrator.
Day 3, May 1
THE first witness of the Erin Patterson trial took to the stand to start Day 3 of the Supreme Court trial.
The accused’s estranged husband Simon Patterson gave evidence of the events that led to the death Don and Gail Patterson and Heather Wilkinson, as well as the illness of Ian Wilkinson.
Simon was heard asking for tissues when recalling the events of both the separation of his relationship with the accused and the condition of his family members.
UPON his first meeting the accused, Simon described her as “very intelligent” and “quite witty” to the court.
Simon told the court that he and the accused travelled around Australia, had their first child, and eventually moved back to Victoria together in 2013, staying at multiple addresses in the Korumburra region while undergoing family counselling, following multiple separations.
Simon said the still holidayed together, both interstate and overseas.
Simon told the jury he had knowledge of the accused’s $2 million inheritance from her grandmother.
The jury heard that the couple permanently separated in 2015, after the birth of their second child in 2014. Simon admitted that the relationship remained friendly for the sake of the children.
Upon recalling his relationship with the accused, Simon asked for tissues and claimed he found the questions difficult to answer.
Simon said he felt a shift in the relationship in 2022, after the accused discovered Simon had labelled ‘separated’ on his tax return. He claimed it was miscommunication with his accountant.
The accused allegedly told Simon that because of the ‘new’ relationship status, she was required to receive child support payments. After Simon offered to correct the mistake, the accused rejected his offer.
The court heard it was at this time that Simon began to feel disconnected from the accused, saying she was “upset” about the arrangement.
SIMON told the court he recalled an invitation, by the accused, to a lunch in June involving Don, Gail, and their children. There was no purpose to the lunch to his knowledge.
SIMON said he didn’t attend the lunch, advising the accused via text message.
Two weeks prior to the fatal lunch on June 29, 2023, Simon recalled of another invitation while at the Korumburra Baptist Church on Sunday, July 16. Don, Gail, Ian, and Heather were also invited. Simon said the accused had the intention of not having the children present.
Simon said the accused told him she had important medical information to share and needed advice on how to break the news to their children.
Despite Simon’s reluctance to go, he told the jury he accepted her invitation. He said after discussing the invitation with his parents in the two weeks leading up to the lunch, on Friday, July 28, Simon informed the accused he would not attend as he “felt uncomfortable”.
The accused replied “that’s really disappointing” in response via text message. Also stating it may be the last time she could host a lunch like this due to her alleged diagnosis.
SIMON told the court he had been informed of Don and Gail’s illness through Don, who called emergency services, which took them to Korumburra Hospital.
Simon said then visited Ian and Heather, who were also unwell, telling them they should go to hospital, offering them a ride.
Simon said, while at the Wilkinson’s home Heather questioned him regarding the different plates, which he says he acknowledged.
Simon said after arriving at Korumburra Hospital, the Wilkinson’s were told they were at capacity, then the trio drove to Leongatha Hospital.
While en route, Simon told the court that Heather again asked Simon if the accused was “short of crockery”, to which he responded that she didn’t have many plates and described to the court that much of the crockery was mis-matched.
SIMON told the court that once the Wilkinson’s children arrived, he left to see Don and Gail, back at Korumburra hospital.
He says he noticed his father, Don, was in worse condition, describing him as “hunched quite noticeably”, “really discoloured face”, “speaking was an effort”, and “he wasn’t right inside”.
Simon told the court that Don told him of the reason for the lunch, describing the cancer diagnosis, and the accused’s alleged need for chemotherapy and possibly surgery.
SIMON then told the jury that on Sunday, July 30, 2023, Don and Gail were transferred to Dandenong Hospital, this time in separate rooms.
Don, Gail, and Heather all passed away before the week had ended.
He said he spoke to the accused over the phone, letting her know of the condition of her lunch guests. Simon told the court that the accused admitted she was too feeling crook, as of hours after the lunch on July 29.
Simon told the court he received a phone call from the accused the following morning on Monday, July 31. He said after returning home in the early hours, he declined to talk until the accused persisted on the important nature of the conversation.
He told the jury that he suggests an ambulance for the accused, to which the accused rejected, admitting herself to Leongatha Hospital.
Simon said that doctors at Leongatha Hospital urged the accused to have her children checked as they ate leftovers. He said the accused was adamant to pick them up herself, but after reassuring her, because of her alleged condition, Simon told the court that he offered to pick up the children and take them to the Monash Hospital.
Simon told the court that the accused had disagreements with the hospital staff, who wanted her to stay as a patient. He told the jury that she left and went home, falling asleep on the floor for around 45 minutes, before re-admitting herself at Leongatha Hospital.
Simon told the court that when he picked the children up, asking them what they ate, the youngest child volunteered that they didn’t have mushrooms. He said the children were found to be fine, but kept overnight.
The witness said there was no signs of the accused’s illness.
SIMON told the court that he had discovered on Tuesday, August 1, 2023 the accused had conducted a taste test in the past with the children, putting mushrooms in muffins and seeing what they preferred.
He told the court that he was also unaware that the accused dehydrated foods.
Simon told the court that while at Monash Hospital, each family member spoke to Child Protection Services one by one, then he and the accused spoke to someone together.
THE defence, Mr Colin Mandy asked Simon about the payments the accused received from her grandmother’s estate, following her death in 2007 as well as the relationship the accused had with his parents during cross examination.
Simon told the court that the accused was generous with the money received from the estate, sharing some between Simon and his siblings. He added that money was never a factor in the accused’s life decisions.
Simon said his parents loved the accused, despite the changes to their relationship since their marriage.
Day 4, May 2
THE cross examination of Erin Patterson’s estranged husband, Simon Patterson, continued on Day 4 of the Supreme Court trial.
Defence lawyer Colin Mandy SC continued to verify accounts between Simon and the accused, including diving into various text messages leading up to the fatal lunch.
WHEN asked by the prosecution earlier in the trial, Simon described the accused’s medical news as an “important” and “serious” matter. The defence highlighted that Simon never used those words in the police account, with his statement claiming the purpose of the July 29 lunch was to discuss “medical issues”.
The defence once again pointed out that Simon never previously described that the accused’s medical news as “important” and “serious” when speaking to Don and Gail Patterson in the police account.
Mr Mandy pointed out to the jury that Simon, although telling the accused he would ask about the medical news, ultimately did not ask for an update after he chose not to attend the lunch.
Simon told the jury that the accused was known for complaining about her health condition, giving examples of heart arrhythmia, sleeping issues, mental illness, postnatal depression, and a probable Multiple Sclerosis (MS) diagnosis. Simon told the court that the accused had never told him about an ovarian cancer diagnosis in the past.
WHEN explaining why the accused may have discharged herself from Leongatha Hospital, Simon said: “Erin hates hospitals”, due to sensitivity with their children and bad experiences in general.
Simon said to the court that the accused wanted to take the children to hospital to not scare them, despite her own health condition she was allegedly faced with at the time.
The defence argued that perhaps the accused wanted to minimise the stress of the situation on the children, to which Simon had no recollection of.
THE defence shared multiple instances of messages between Simon and the accused, including church arrangements, child arrangements, but also disagreements, including those involving declined lunch invites.
Simon read aloud the message chain between himself and the accused regarding her hospital admittance, discharge, readmittance, and transfer to Monash Hospital in Clayton.
Simon confirmed that he recognised the accused’s potassium levels were low at the time. He told the court that the accused told him her levels were at “2.4”, to which he replied “holy crap”. He told the court that an okay reading is between 3.5-5.
Conversations in December 2022 were shared to the court, again read aloud by Simon.
Simon confirmed to the court that the accused was trying to reach out to Don and Gail to seek advice regarding her eldest child and the children’s finances, specifically child support payments.
Simon told the jury that the accused’s tone suggest the financial conversation was emotive and frustrating. However, he also stated it was something he was “keen to resolve”.
He told the court that the accused was “upset” and “aggressive” because he was only forced to pay $38 a month in child support, to which he believed he was following the instructions from the Department of Health and Human Services.
Day 5, May 5
THREE new witnesses were examined as the jury returned for Day 5 of the Erin Patterson Supreme Court trial.
The three witnesses in question were internet friends of the accused, however none of the witnesses had met the accused in person.
The cross examination and re-examination of the accused’s estranged husband Simon Patterson concluded too.
THE defence cross checked more text messages between Simon and the accused, examining their relationship and the changes made to it.
Simon was also asked about the process of changing the children’s schools, where he and the accused had different views, the court heard.
SIMON denied ever asking the accused the phrase: “is that what you used to poison them” while the accused attended Monash Hospital on August 1.
The court heard the conversation sparked when Simon and the accused talked about a mushroom taste test that the accused performed on the children in the past.
The children were out of the room at the time, according to Simon.
SIMON recalled to the court he had a “message in mind” regarding the accused’s “inflammatory” behaviour when he was re-examined by the prosecution.
Simon told the court that months after the December 16, 2022 conversation, his parents, Don and Gail agreed for Gail to not read the accused’s messages into the group chat, due to her anxiety.
Simon said in court that he privately messaged the accused regarding his children’s sleep, to which the accused replied to him via the group chat, describing it as “inflammatory”.
He told the court that he was glad his parents had the rule for Gail not to read messages during this time.
Simon also told the court he was “puzzled” as to why the accused left his name on one of the property’s title.
WHEN Simon was asked by the defence why he had not contacted the accused or his parents regarding the accused’s medical diagnosis following the lunch on July 29, 2023, he told the court: “that’s Erin’s news to tell”.
He told the court that he was once again “puzzled” that the medical diagnosis conversation had to wait weeks to be told, for what seemed to be a serious issue, and he didn’t feel as though there was too much urgency.
SIMON spoke on the accused’s history of discharging herself from hospital, recalling another two times.
He told the court the first instance happened before their marriage, and the second after the birth of their first child.
Simon told the court that the accused struggles to sleep in hospitals.
THE second witness called was Christine Hunt, who told the court she had met the accused online six years ago, and had spoken on the phone a handful of times.
Hunt and the accused were a part of a large Facebook group of about 2000 people, dedicated to the discussion of the Keli Lane case – the woman found guilty of murdering her newborn child and later denied parole.
Hunt told the court that people in the group often communicated through the comments or direct messaging, delving into other topics such as other true crime cases and their own personal lives.
Hunt said smaller groups were made due to “disharmony” in the larger ones. The second group included 20 to 30 people according to Hunt, and was shut down at the end of 2019.
Hunt told the court another group was made, but she didn’t want to be included, while she was added to a smaller group of around 7 to 15 people.
Hunt said that the accused often spoke about her children and other family-related matters. Hunt told the court she believed she “always felt (she) had a good relationship” with the accused.
The prosecution asked Hunt about what the accused shared to the groups about Simon. Hunt knew that Simon was religious, while the accused was an atheist. Hunt recalled to the court the accused using the words “coercive” and “controlling” to describe Simon.
Hunt also told the court that she had heard about a conflict regarding the children’s education, especially as they were at a faith-based school.
During Hunt’s cross examination, the defence looked into the smaller group chat where women would share about each other’s lives.
She told the court that the accused shared plenty, regarding her children, including photos and videos.
When asked if the accused was a dedicated mother, Hunt said “yes”.
Hunt told the defence that the accused only went to church because of her husband, but she “didn’t necessarily believe in God”, often expressing frustration to the witness about Simon’s religious beliefs.
THE next witness was Daniela Barkley, another internet friend of the accused.
Barkley backed up Hunt’s claim of a small group chat where the accused spoke about her relationship with Simon.
Barkley said that the accused would post “sometimes about how sad she felt”, stating that the accused would say Simon was so religious he was hard to “get along with”.
The accused would also share her children’s relationship with Simon within the group chat according to Barkley.
She recalled to the court that the accused spoke about the lack of cleanliness at Simon’s home, hence why she didn’t want the children to stay there.
Barkley told the court that she had knowledge of the accused’s food dehydrator, and said the accused shared videos of herself dehydrating mushrooms, sometime in 2023 before the fatal lunch.
When Barkley was asked what the dehydrator was for, she replied to the court: “just for mushrooms”. She also stated that cooking was a common topic of the group chat.
Barkley said the topic of a beef wellington arose about two weeks before the fatal lunch. She said to the court she assumed the beef wellington was for the accused’s children.
SOCIAL worker and the final internet friend of the accused, Jenny Hay was the final witness for the day.
Hay told the prosecution about the smaller group of Facebook, that had established at the start of the COVID pandemic, around February 2020.
“We’d just become closer friends, we wanted a group that was just ours,” Hay told the court.
“We were quite open with one another.”
Hay told the court that recipes were talked about in the chat, while the accused talked about getting the dehydrator, using it to make powder to put in her children’s food, so they didn’t know there were mushrooms in it, as they didn’t like mushrooms.
Hay told the jury that the topic of foraging for mushrooms never came up and that the accused first spoke about making a beef wellington toward the end of July.
Hay said she heard about the deaths on August 6 on the news.
According to Hay, she spoke to the accused on the phone, where the accused said she purchased the mushrooms from an Asian grocery store.
The accused told Hay that she was sick and went to the hospital, and that the children ate some leftovers, Hay told the court.
Day 6, May 6
DAY 6 of the Erin Patterson Supreme Court trial heard that the accused plated the food for all four guests on the day of the fatal lunch.
The accused was also quite reluctant to let two of the guests to look in her pantry on July 29, 2023.
THE morning of Day 5 began with the fifth witness of the trial, Darren Fox, the owner of Hartley Wells Betta Home Living, Leongatha.
He told the court that an employee told him she believed she had sold a dehydrator to Erin Patterson, several months after the deaths occurred.
Mr Fox revealed that Patterson purchased and took a dehydrator home on April 28, 2023, three months before the fatal lunch.
THE sole survivor of the fatal beef wellington, Ian Wilkinson was next to provide evidence.
He described his relationship with the accused, prior to the lunch as “friendly”, however “didn’t have much depth”, landing at “acquaintances”, to the court.
When telling the court about Simon Patterson’s relationship with the accused, he said he knew of the complications that arose due to the separation.
Ian told the court that he had been to the accused’s multiple homes, however had never been inside, always meeting her in the driveway and at the doorstep.
AFTER receiving his invitation to the July 29, 2023 lunch, Ian told the court that at the time he was “very happy to be invited” via Heather – who had been told by the accused.
He told the court it seemed to be “good news”, as he hoped “maybe the relationship with Erin was going to improve”. He told the court he did not know the reason for the lunch.
The prosecution ran through Ian’s movements leading up to the lunch, including two birthdays the day prior, as well as breakfast on the day of the fatal lunch.
Don and Gail picked up Ian and Heather, taking them to the accused’s Leongatha home, just after 12pm on July 29, 2023.
Ian told the court he was expecting Simon to be there. He said Don and Gail broke the news that Simon did not want to.
The accused answered the door and welcomed everyone into the kitchen/dining/living area according to Ian, who described the area as “open planned”.
Ian told the court the group had general conversations about the house before the lunch. He said Gail and Heather were particularly interested in the pantry.
Ian told the court that as the two asked to look inside, the accused didn’t follow them in straight away, saying she seemed “reluctant”.
The group moved outdoors to the veranda, Ian said to the jury, where they talked about the garden, before moving back inside.
Ian told the court he recalled the accused mashing potatoes and the food being plated up, while standing with Don further away from the kitchen.
Ian said that Heather and Gail offered to help plate up, but the accused rejected their offer, plating up all of the food by herself.
Ian told the court that each person had their own serve of beef wellington, which had steak and mushrooms when cut into. He said the beef wellington’s were pastry encased.
Ian said he recognised the plates, stating there was four larger, “middle grey”-coloured plates, and a smaller, orange, tan plate.
Ian told the jury that Gail and Heather each picked up two of the grey plates each, taking them to the table, while the accused placed her own orange plate.
Ian recalled to the court that he and his wife Heather both ate all of their food, while Gail only ate half, with Don having eaten all of his, plus the rest of Gail’s portion. He said he couldn’t recall how much the accused had eaten.
The group ate cake and a fresh fruit platter, prepared by the guests, after the lunch, Ian told the court. He didn’t recall what plates were used during dessert.
After eating, Ian told the court that the accused announced she had cancer, believing it was life-threatening. He couldn’t recall what type cancer it was.
Ian told the court that the accused referred to tests that showed a tumour.
He told the court that the accused asked for advice on if she should tell the truth to her children. Ian said Don spoke, saying it would be best to tell her children.
Ian said the conversation felt like it only lasted 10 minutes, coming to an end when the accused’s eldest child and their friend arrived home.
IAN told the court that after heading to bed later than usual on the night of July 29, 2023, he and Heather fell ill with vomiting and diarrhoea throughout the night. He told the court he couldn’t put a number on the amount of times he was sick that night.
“I was vomiting fairly regularly,” he told the court.
Ian told the court that neither returned to bed for the entire night, both staying conveniently close to a toilet each. He said Heather stayed on a couch.
IAN told the court that on the morning of July 30, 2023, Heather called Don and Gail, who were also unwell.
He told the court that Simon visited and urged them to call an ambulance, as Don and Gail had done.
He said Simon eventually convinced them. But due to ambulance delays, Simon took them himself, Ian told the court.
Ian said they first arrived at Korumburra Hospital, but as there was no room left, Simon drove Ian and Heather to Leongatha Hospital.
Ian told the court he recalled Heather asking about the different-coloured plates multiple times during this time.
UPON arriving at Leongatha Hospital, Ian and Heather were showing food poison symptoms according to Dr Chris Webster, Ian told the court.
He said the focus soon became the lunch, however the suspicion was firstly on the meat.
Ian and Heather were admitted into the ward, staying in the same room, in “joining beds”, Ian told the court.
Ian told the court, that the following morning the pair was abruptly woken up and taken to urgent care. He told the court that the doctor had communication with Dandenong Hospital, suspecting mushroom poisoning.
Ian agreed when asked if it was a time-critical treatment. He told the court he was taken in the first ambulance to Dandenong Hospital, with Heather’s ambulance arriving as he was being loaded in. He said they were aware of Don and Gail’s admittance into the same hospital.
Ian told the court that he and Heather were separated at Dandenong Hospital.
At Dandenong Hospital, he was given a charcoal substance, which he told the court was the last of his memory.
Ian was sedated and incubated, the prosecution told the court. Ian agreed this was true.
Ian was transferred to Austin Hospital and discharged on September 11, 2023. He then entered rehabilitation in Heidelberg, discharged completely on September 21, 2023, the prosecution said.
DURING cross examinations, when Ian asked he thought the accused was proud of her house, he replied: “I don’t think so”.
The defence pointed out that during his police statement, he stated he did believe that she was proud of her house.
In court, he continued to say: “we didn’t have a house tour” and Ian said the accused did not drive any conversation about the house, adding: “on reflection, I felt those answers (in the police statement) were not satisfactory”.
IAN said to the court that banter about the amount Don had eaten distracted him from noticing how much the accused ate.
The defence again pointed out that in Ian’s police statement he regarded the accused’s news as “suspected cancer”, not “cancer” as he had said on the stand.
Ian told the court that the news was brief, as was the plans for treatment, hence why he questioned the diagnosis.
CINDY Hyde, Patient Transfer Officer for the Royal Flying Doctor Service, contracted to Ambulance Victoria was the next witness.
She attended to Don and Gail in their Korumburra home, taking them to Korumburra Hospital, she told the court.
They received no treatment while in her care. Don was moved via stretcher, while Gail sat upright, Hyde said.
LISA Shannon, a Registered Nurse at Korumburra Hospital was next to take the stand.
She described her role to the court as the after hours co-ordinator, taking care of both patients in urgent care, those being Don and Gail at the time.
Shannon told the court that Don was “considerably sicker” on arrival, and that he and Gail had taken anti-nausea medication prior to the ambulance’s arrival.
Shannon said Don was hooked up to an IV drip, and received and an ECG and an i-STAT test.
Shannon told the court that she had taken both Don and Gail back and forth to and from the toilet.
She said she made the observation that Don’s condition was worsening, and no medications were working to stem the diarrhoea.
Don’s lactate levels, shown on the i-STAT test were abnormal, according to Shannon.
DR Beth Morgan, Medical Doctor, Infectious Diseases, was the final witness of the day.
She said she was involved in the management of Don and Gail upon their arrival to Dandenong Hospital.
She told the court that Don presented with right side abdominal pain, vomiting, diarrhoea, sweats, and was faint.
Dr Morgan said Simon, who was also in attendance at Dandenong told her of the events that occurred.
Dr Morgan did a physical examination on Don, finding he had low blood pressure for someone who had experienced high blood pressure in the past.
Don’s Venus Blood Gas showed a low pH level, Dr Morgan told the court. She also said Don’s haemoglobin was high and his liver tests were abnormal.
Upon speaking to the toxicology unit, concerns arose due to the delayed onset of the symptoms, which Dr Morgan told the court was more indicative of serious toxin syndrome.
Dr Morgan said Don was then admitted into the Intensive Care Unit.
Dr Morgan said the assessment of Gail was less concerning at the time, presenting with a low pH, but also a mildly-elevated lactate.
Due to Dr Morgan’s self assessment, the suspicion of mushroom poisoning became more apparent she said.
Gail was then also admitted into the ICU, Dr Morgan said, demonstrating a worsening ALT test, pH, and lactate levels.
Due to the conditions of Don and Gail, Dr Morgan recommended Leongatha Hospital to give Ian and Heather an antibiotic and ordered for their transfer to Dandenong Hospital.
Upon finishing her shift, Dr Morgan received a phone call from Leongatha Hospital about the accused’s presentation and discharge from the hospital against medical advice.
Day 7, May 7
MEDICAL professionals who dealt with the guests of the fatal beef wellington lunch gave evidence on the seventh day of Erin Patterson’s Supreme Court trial.
Children of the deceased took the stand also, sharing their perspective of events.
REGISTERED Health Practitioner, Dr Mark Douglas, a Toxicology Registrar at Dandenong Hospital was the first witness of the day.
He told the court he received a call from Dr Beth Morgan (who gave evidence on Day 6), who gave him the condition of Don as well as his blood test results. Dr Douglas said Dr Morgan asked if the meal was the cause.
Dr Douglas told the court he came up with the treatment plan for Don, while tell Dr Morgan to oversee Gail’s condition.
Dr Douglas advised to proceed with NAC treatment, a medication widely used to treat paracetamol overdose, in order to help Don’s liver.
Dr Douglas said the following day (Monday, July 31), Gail’s condition was worsening, showing similar signs to that of Don.
He said he reviewed Don in person at the Dandenong Hospital that day, advising the Intensive Care Unit to begin death cap mushroom poisoning treatment. He told the court Don was sedated and incubated, then transferred to Austin Hospital.
Gail was later admitted into the ICU, then also transferred to Austin Hospital.
Dr Douglas told the court he was advised of Ian and Heather’s conditions, saying he saw Ian’s health worsen on Tuesday, August 1, transferring them to Austin Hospital too.
READ-in statements were made from Angela Child and Jennifer McPhee who both had a meeting with Ian and Heather after the fatal meal on Saturday, July 29.
Both told the court they had arrived at the Wilkinson’s house before they had returning from the accused’s house.
Both said neither of Ian nor Heather looked sick at the time.
THE court heard a read-in statement from the state’s Department of Health official, Danielle Romane, which read that there were no entries found of the accused’s cancer diagnosis.
She wrote that any medical professional was to report any kind of cancer diagnosis.
THE daughter of Don and Gail, Anna Terrington, told the court Don and Gail had afternoon tea and dinner at her house on Thursday, July 27, where she was told they were invited to the accused’s for lunch on July 29, along with Ian, Heather, and Simon.
Ms Terrington said it was “unusual” for Ian and Heather to be invited, as they had never been before.
Ms Terrington found it difficult to answer questions regarding a phone she had with Gail after the lunch, sobbing on the stand. She said Gail told her about the lunch and that it “went well”.
During her cross examination, the defence asked if she had a special bond with the accused, which she told the court she did at the time of the birth of their children. Ms Terrington said they had babies three days apart.
She told the court that the accused and her husband (at the time) Simon Patterson loaned Ms Terrington and her husband $400,000 to help with the house they had recently purchased. The loan’s terms were quite relaxed, with no interest.
RUTH Dubois, the daughter of Ian and Heather Wilkinson told the court she was no more than an “acquaintance” to the accused.
She told the court she heard of Ian and Heather’s invitation to the accused’s during a lunch on Thursday, July 20, 2023. Ms Dubois told the court she was confused, as were Ian and Heather.
Ms Dubois saw her parents the following week, she said, as Ian and Heather attended her house for a birthday dinner.
THE final family witness for the day was Don and Gail’s son, Matthew Patterson.
Mr Patterson told the court that he rang the accused on Monday, July 31, while his parents were at Dandenong Hospital, in an attempt to find out where the mushrooms were from.
He told the court that the accused said they were from Woolworths and a Chinese grocer in the Oakleigh area. He said he then shared that information with the medical staff attending to Don at the time.
Following the death of Don and Gail, the accused had emailed Mr Patterson asking if her and Simon’s children can stay with him if Child Protection got involved.
During his cross examination, he was asked by the defence if he had too received a loan.
Mr Patterson told the court of a loan he undertook with the accused and Simon in 2011, totalling $400,000 to purchase his family home. The terms were the same as Ms Terrington’s.
It was also revealed in 2021, the accused organised a lunch with Mr Patterson in Melbourne to discuss her relationship with his brother, Simon.
Mr Patterson told the court she expressed her sadness and asked for advice to get Simon to attend counselling.
GENERAL Practitioner, Dr Chris Webster spent a prolonged time on the stand, as the first on-call doctor at Leongatha Medical Clinic at the time of the fatal lunch.
He described to the court how he oversaw Ian and Heather’s conditions worsen, after arriving with non-concerning symptoms.
Dr Webster reviewed both Ian and Heather, giving them anti-nausea medication and pantoprazole to reduce acid.
He told the court of a phone call from Dr Morgan, who was treating Don and Gail at the time. He said Dr Morgan told him she was concerned about death cap poisoning.
“She gave very specific details about what treatment to commence,” Dr Webster told the court.
Dr Webster told the court he then got a call to confirmed the transfer of Ian and Heather to Dandenong Hospital.
The court heard that the accused presented to Leongatha Hospital, saying she had gastro. The court heard she was brought into Urgent Care.
“I recognised her name as the chef of the meal, yes,” Dr Webster said when asked by the prosecution.
Dr Webster told the court that he told the accused that there was a concern for death cap mushroom poisoning, asking her where the mushrooms came from, to which the accused replied the single-word response: Woolworths.
Dr Webster left momentarily, and he said to the court when he returned, she was gone. He court the court the nurse said she had discharged herself against advice.
He told the court he rang 000 (Triple Zero) to report it to the police. Dr Webster said he gave the 000 operator the accused’s phone number.
Earlier during the trial, it was revealed the accused had a second mobile phone with a different number that has not been recovered.
The accused eventually returned to hospital and spoke to Dr Webster, he told the court.
He said Mirboo North police rang him to let him know they were at the accused’s house. He said he told them she had returned to hospital, asking the officers to collect the leftover beef wellington, which the accused told him was in the bin.
DR Veronica Foote was the final witness of the day, a Specialist General Practitioner at Leongatha Hospital.
Ms Foote spoke to the accused as she began to discharge herself against medical advice. Ms Foote told the court the accused was made to sign a form, stating she was leaving the hospital against medical advice.
When the accused returned to Leongatha Hospital, Dr Foote reviewed her, she told the court.
Ms Foote told the court that the accused wanted to leave again when she was told that her children needed to attend hospital for eating some leftovers.
Day 8, May 8
ERIN Patterson was seen visibly upset when watching her daughter’s Video Audio Recorded Evidence on the eighth day of her Supreme Court trial.
More medical personnel involved in the saga gave evidence throughout the day, with a Registered Nurse telling the court that the accused “didn’t look unwell”.
The police officer that performed a welfare check on the accused also gave evidence.
THE defence completed their cross examination of Dr Veronica Foote to begin proceedings, as she told the court that the accused was almost certain to be admitted into hospital after being checked.
Dr Foote said that the accused’s symptoms of high heart rate and blood pressure aligned with someone who had been poisoned.
During Dr Foote’s re-examination, the prosecution asked if her symptoms aligned with any other medical issues, to which Dr Foote told the court the accused’s symptoms could also be caused by heart arrythmia, anxiety, or stress.
A REGISTERED Nurse at Leongatha Hospital, Kylie Ashton gave evidence next, telling the court she did not provide any direct care to anyone, but supported staff with the care of Ian and Heather.
She told the court she was aware of the accused entering the hospital around 8-8.05am.
Ms Ashton said that due to the condition of Ian and Heather, she was “concerned for her (the accused’s) welfare”, and took her blood pressure, heart rate, and temperature.
She told the court that the accused told her that her children also ate the leftovers.
During her cross examination, the defence questioned whether Ms Ashton could remember if the accused had told her of her children eating leftovers on her first or second presentation to the hospital.
Ms Ashton was certain it was during the first presentation, as she told the court she had no contact with the accused during her second presentation to Leongatha Hospital.
ANOTHER Registered Nurse, Cindy Munroe – the Acting Deputy Director of Nursing at Leongatha Hospital, gave evidence.
She told the court she was asked to prepare the transfer of Ian and Heather to Dandenong Hospital, transferring them to Leongatha Hospital’s urgent care in the meantime.
She said she explained to Ian that the transfer was due to a potential poisoning.
Upon the accused’s second presentation to Leongatha Hospital, Ms Munroe attended to her, taking observations while the hospital waited for medication.
“She (the accused) didn’t look unwell like Heather and Ian,” Ms Munroe told the court.
Ms Munroe also told the court that the accused told her that she didn’t want her children involved.
Following reassurance from Dr Foote, the accused reluctantly agreed to treatment and to bring her children into hospital to be checked, Ms Munroe told the court.
SENIOR Constable Adrian Martinez-Villalobis of the Mirboo North Police Station shared with the court the welfare check call her and a partner attended to on Monday, July 31.
Her told the court, upon arrival there were no vehicles or persons inside or out. With this information, he called Dr Chris Webster, who made the 000 call.
Snr Const Martinez-Villalobis said Dr Webster told him of the accused’s readmittance to hospital.
He told the court he spoke to the accused on the phone, after Dr Webster asked the police officer to collect a sample of the beef wellington leftovers.
The court heard that Snr Const Martinez-Villalobis was given the gate code by the accused and searched the outdoor bin, collecting a sample found in a brown paper bag, underneath two other brown paper bags.
Snr Const Martinez-Villalobis told the court that when he arrived at Leongatha Hospital, the sample was taken by a nurse.
THE wife of Matthew Patterson, Tanya Patterson, shared her recollection of events.
She told the court she asked the accused to visit her in hospital on Monday, July 31. She told the court the accused said that would be “lovely”.
Ms Patterson told the court they engaged in general conversation, before the accused told her she knew of the lunch guests’ condition.
Ms Patterson said while she was in attendance, the accused received her blood results from a toxicologist, stating she was fine, and good to go home.
Ms Patterson went to see the accused’s children, giving the accused an update, she told the court.
Ms Patterson also shared with the court that she received the same email from the accused as her husband, asking for them to look after their children if Child Protection Services got involved.
During her cross examination, she replied to the defence that she believed the accused and Simon’s relation began deteriorating at the end of 2022.
She also told the court that when the accused asked for more information on the other guests, she told her that it would be better to ask Simon, however she told the accused that things were “changing quickly”.
DR CONNOR McDermott – a Toxicology Registrar at Austin Hospital during July/August 2023 gave evidence next.
He told the court he also spoke to the accused over the phone, asking her where the mushrooms were sourced.
He told the court that she said they were from Woolworths and a Chinese food store. She told Dr McDermott that the mushrooms bought at the Chinese food store were purchased several months before the fatal lunch, in April 2023, he told the court.
Dr McDermott told the jury that the accused could not remember the name of the Chinese food store, and that it might’ve been in Glen Waverly, not in Oakleigh.
THE paramedic that drove the accused to Monash Hospital, Ellen Spencer was next to take the stand, telling the court that the accused “appeared well” upon her transfer.
She told the court she had been advised of the accused’s bowel movements, and during the drive told the accused to let her know when to pull over.
Ms Spencer told the court that during the 1 hour and 39 minute drive, the accused didn’t ask for the toilet.
She told the court that the accused appeared “calm”, “chatty”, and “nonchalant” during her transfer.
She also told the court that they transported the sample of the beef wellington leftovers, which was handed to what she believed was a toxicologist at Monash Hospital.
THE court heard a piece of Video Audio Recorded Evidence from the accused’s daughter, given on August 16, 2023 to conclude proceedings on Thursday, May 8.
The accused appeared visibly upset when watching her daughter (who shall not be named for legal reasons) give evidence.
She testified that the accused wanted to have the lunch to talk about “adult stuff”.
She also recalled that the accused needed the toilet quite often the day after the fatal lunch, hence why they didn’t attend church.
Day 9, May 9
THE testimonies of Erin Patterson’s children were heard aloud for the jury on Day 9 of her Supreme Court trial on Friday, May 9.
After starting the testimony of the accused’s daughter yesterday, the jury also heard a lengthy police account from her son.
THE daughter of the accused was heard by the jury saying she does not like mushrooms, and answered ‘no’ when asked if she has cooked them or gone mushroom picking.
She did admit she has seen them in the wild.
During her testimony, she also stated that the accused and Simon (her father) told her she didn’t have to speak to the police if she didn’t want to, ending her testimony.
THE eldest child of the accused and Simon had his testimony played for the court, and following its completion, court was adjourned.
He said he was unsure why Simon had rejected the lunch invitation, before going into the details of his parents’ relationship before and after their separation.
He said that Simon wanted to have the children on the weekends, but he and his sister wanted to stay with the accused. He added that Simon never really did anything with the children when they were staying at his house.
THE son of the accused said she had only invited Don and Gail over once before, never before inviting Ian and Heather.
He recalled that the day after the fatal lunch, the accused woke up several times during the night to use the toilet. He said she didn’t seem her usual self and was “quieter”.
He described the leftovers of the beef wellington as “some of the best meat I’ve ever had”.
Like his sister, the court heard him say he doesn’t like mushrooms due to the texture, and has never gone mushroom picking, although he has seen them in the wild too.
He recalled that the accused once took a picture of mushrooms while on a walk during the COVID pandemic.
He said he was unaware of the accused’s dehydrator.
Before the conclusion of the session, during the son’s police account he recalled that he, the accused, and his sister stayed at the accused’s Mount Waverly home during the March/April holidays in 2023.
Day 10, May 13
THE court heard the read-in statement from the friend of the accused’s son, who can not be named for legal reasons.
Of note, he recalled plates in the kitchen sink when they arrived home in the afternoon of Saturday, July 29. He said the backs of the plates were white.
MONASH Health Infection Prevention Director, Rhonda Stewart told the court she had to get information from the accused to ensure there was no public health issue.
She told the court that the accused told her she used dried mushrooms from an Asian grocer in Oakleigh or Glen Waverly, making it into a paste to go on the beef.
Ms Stewart told the court that the accused said she only ate half of her meal on July 29.
MONASH Health Emergency Registrar, Laura Muldoon had the accused under her care in the toxicology department on Monday, July 31.
The accused told Ms Muldoon that she did not have any packaging from the mushrooms, and denied that she foraged them, Ms Muldoon told the court.
Ms Muldoon told the court that on Tuesday, August 1, the accused was well, “feeling better”, and her blood and vitals were “normal”, showing no signs of poisoning.
Ms Muldoon said she was tasked with sending the leftover sample to a mycologist at the Royal Botanical Gardens.
MONASH Health Emergency Physician, Dr Varuna Ruggoo told the court that on Tuesday, August 1, the accused’s liver function tests were normal with no evidence of toxicity in the liver.
She added that the accused had normal responses to her respiratory rate, blood pressure, and temperature, while her conscious state was alert.
“She appeared clinically well,” Dr Ruggoo testified.
MYCOLOGIST, Dr Tom May took the stand, describing how difficult it is to distinguish death cap mushrooms from other non-toxic mushrooms.
The court, and Dr May, were shown many images of death cap mushrooms, to which he described why he believed them to be death cap mushrooms. He testified the characteristics including appearance and common locations they are found.
He told the court that ever since the COVID-19 pandemic, wild mushroom foraging had increased in popularity.
He told the court he had identified death cap mushrooms to be growing in Outtrim, south-west of Leongatha, logging the find on the website ‘iNaturalist’ on May 21, 2023.
He told the court he was in the Outtrim area to present and presentation, before finding the mushrooms on a walk.
Dr May said sightings of death cap mushrooms had also been recorded in Loch and near Morwell.
The prosecution previously told the court that the accused’s phone records suggest she was in the Loach area on April 28, 2023 and Outtrim on May 22, 2023.
Dr May told the court that death cap mushrooms often grow around oak-family trees, needing a reasonable amount of soil and moisture. He added that while the growing season varies, it generally lands in May in Victoria, but is usually anywhere between January and July.
Day 11, May 14
DR Tom May told the court of another instance, where a Chinese tourist ate death cap mushrooms, picked from a garden.
He said he had previously picked mushrooms from a garden and ate them with no sickness in April 2024. Upon finding more mushrooms in May 2024, the same woman ate them and died, Dr May told the court.
During he re-examination with the prosecution, Dr May confirmed to the jury that death cap mushrooms have no particular smell until they are dried, to which they develop a very unpleasant smell.
RESEARCH Scientist in Mycology at the Royal Botanical Gardens, Dr Camille Truong said it was rare for her to look at a physical mushroom evidence.
She told the court that she examined the leftover food sample of the beef wellington lunch.
She said she first did so at her home under a telescope on Monday, July 31, finding no signs of death cap mushrooms, instead identifying field mushrooms – often sold at supermarkets.
Dr Truong said she examined the sample once again two days later on Wednesday, August 2 at Royal Botanical Gardens, again coming to the same conclusion.
During her cross examination, Dr Truong told the court that it was harder to identify, as the mushrooms had already been cooked. She added that she could not exclude the possibility that it was death cap mushrooms entirely.
Her advice, heard in court, suggested that it was unlikely that supermarket mushrooms caused any illnesses. She also said it was unlikely that an independent shop would sell them, as someone would have to forage all death cap mushrooms.
THE DASMA Group Operations Manager, Darren Canty took the stand, confirming he was approached by police for video evidence on the day of Wednesday, August 2.
Mr Canty told the court that he confirmed a woman had dropped off a “microwave dehydrator”.
The court was shown still pictures of the account, as well as CCTV footage of the woman arriving at the Koonwarra Transfer Station.
Mr Canty told the court he told an employee to find the item in the e-waste skip bin.
Mr Canty confirmed transaction records of the account, which included the registration of the car.
The evidence was given to the police, confirmed via a read-in statement from Detective Leading Senior Constable Paul Burns, who collected the evidence.
His statement read to the court said he took photos of the dehydrator, before transporting it to the Wonthaggi Police Station.
INTENSIVE Care Specialist, Andrew Bersten, who had been supplied with the accused’s medical records throughout her stay in hospital from July 31 to August 1, gave evidence to the jury.
He first told the jury that there was no evidence to suggest that the accused had cancer, after her initial screening tests returned normal results.
Despite never assessing the accused herself, Prof Bersten confirmed via the medical notes that she had elevated haemoglobin levels and low potassium readings. He also told the court that the accused showed normal levels of lactate and urea.
After following the accused’s medical journey, Prof Bersten concluded to the court that there was enough evidence to suggest the accused had a diarrhoeal illness.
Following questioning from the defence, Prof Bersten concluded that the accused’s symptoms of diarrhoea, abdominal pain, low potassium, and high haemoglobin showed that she suffered from dehydration and a diarrhoeal illness.
When re-examinated by the prosecution, Prof Bersten affirmed to the court that her symptoms were consistent with a severe illness.
Day 12, April 15
THE morning session was delayed after it was found that a juror had talked about the case with family and friends.
Justice Beale said the juror had not made a “positive finding” of the matter, but could not dismiss the possibility that they had discussed the case to someone else other than the fellow jury members.
There are now 14 jurors observing the trial, while only 12 will retire to make a verdict.
A unanimous guilty verdict is needed for the accused to be found guilty.
CHILD Protection worker, Katrina Cripps was questioned on her communication with the accused and her family.
They initially spoke in hospital, but then met the accused and her children at their Leongatha home on Tuesday, August 1, where notes were taken.
The court heard the children did not want to stay with Simon Patterson, the accused’s estranged husband, on the weekends.
Ms Cripps told the court that the accused told her Don and Gail had been “the parents she never had”.
The accused told Ms Cripps that Simon was “controlling”, and that the pair had a good relationship that had deteriorated up until that point, the court heard.
Ms Cripps told the court that the accused “wanted to do something new and special”, finding a recipe in a ‘RecipeTinEat’ cook book.
The court heard that after the accused was asked again where the mushrooms had come from, the accused told Ms Cripps she purchased them from Woolworths, while the dried mushrooms came from an Asian grocer in either Oakleigh or Clayton.
Child Protections visited the accused’s home again the following day, looking for evidence via bank statements to see which grocer the accused had purchased mushrooms from. Ms Cripps told the court that the accused couldn’t find the statement, saying she would have used cash for such a small purchase.
Two days later, on Friday, August 4, Ms Cripps told the court she had a phone call with the accused, asking if she had any updates regarding the lunch guests. The accused said she hadn’t been told anything, finding it “distressing”.
Ms Cripps told the court that at the time, Heather Wilkinson had already passed, but decided “it wasn’t (her) place”.
The court heard that when the accused was asked by Ms Cripps if she had foraged any mushrooms, she didn’t answer.
Ms Cripps told the court that the accused was concerned for her security and privacy, floating the idea of changing her phone number.
VICTORIAN Institute of Forensic Medicine Head of Forensic Science and Victoria’s Chief Toxicologist, Dr Dimitri Gerostamoulos told the court he had provided advice in “hundreds” of cases, when called to give evidence.
The jury was shown various tables revealing toxicology results on the accused, her children, and the lunch guests.
Dr Gerostamoulos said tests were usually done on drugs and alcohol, and that it wasn’t routine to look into mushroom poisoning.
Dr Gerostamoulos told the court the toxins in the mushrooms are “very toxic compounds”.
“Only small amount of the alpha, beta, and even less of the gamma are found in death cap mushrooms,” he could the court.
He said estimates include three tablespoons for the mushrooms toxins to be lethal for a 70-kilogram adult, about 0.1 milligrams per kilogram.
The court heard that samples from Don and Ian tested positive for death cap toxins, alpha and beta amanitin found in their urine. Leftovers from the lunch and from the accused’s dehydrator also tested positive for toxins.
Gail and Heather tested negative, as did the accused and her two children.
When asked if tests conducted could detect a mushroom crushed into a powder, Dr Gerostamoulos told the court ‘yes’.
More to come.
