By TOM HAYES
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.
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.
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.
Court was adjourned until Tuesday, May 6 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.
More to come.
