Here’s a recap of what the jury heard on day 29 of Erin Patterson’s trial:
1. Under cross-examination, Patterson denied she was thinking of ways to cover her tracks after she discharged herself from Leongatha hospital against medical advice two days after the lunch.
2. Patterson disputed evidence by Ian Wilkinson, the sole lunch guest survivor, that she served the beef wellingtons for her guests on large grey plates and her own on a smaller orangey-tan coloured plate. Patterson said there was “no smaller plate”.
3. Patterson denied she made a sixth poisoned beef wellington for her estranged husband, Simon, in case he attended the lunch.
4. Patterson rejected the evidence of multiple witnesses including medical staff. This included disputing evidence by Leongtha hospital nurse Cindy Munro that Patterson said she did not want her children involved when staff said they needed to undergo medical testing.
5. Patterson recalled feeling “anxious” when medical staff at Leongatha hospital raised the possibility of death cap mushroom poisoning on 31 July 2023 – two days after the lunch. “I was anxious at the idea that we may have eaten those things [death caps],” she said.
We’ll be back for more coverage at 10.30am tomorrow. Thanks for following along.
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The court has adjourned for the day.
Erin Patterson denies she made a sixth beef wellington for her estranged husband
Prosecutor Nanette Rogers SC turns to the beef wellington remnants a police officer got from a bin at Patterson’s Leongatha home. Rogers said the leftovers contained a single beef wellington cut in half.
“Disagree,” Patterson says.
It was the mushrooms and pastry from one full one and the mushroom and pastry from the bit that I didn’t eat.
Rogers says Patterson knew the leftovers contained death cap mushrooms.
“That is incorrect,” Patterson says.
Rogers says the bin contained the poisoned beef wellington that Patterson prepared for her estranged husband, Simon Patterson, in case he attended the lunch.
“I didn’t make the sixth one for Simon,” she says.
Rogers says Patterson removed the steak from inside the pastry in the leftover beef wellington before she placed it in the bin.
“I did do that,” she says.
Rogers says the steak was put somewhere else. Patterson agrees.
Rogers asks where the steak was put.
“Into my children’s stomachs,” Patterson says.
Rogers suggests that Patterson did not feed that steak to her children.
But she says “we’ve been over that” and Patterson disagrees with the suggestion.
“Correct,” Patterson says.
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Prosecutor Nanette Rogers SC asks Erin Patterson about the evidence of Tanya Patterson who visited her while at Monash hospital on 1 August 2023.
Tanya is married to Matthew Patterson, the son of Don and Gail Patterson (Erin’s in-laws), the court previously heard.
Tanya said that while she was visiting Erin a toxicologist entered the room. She said Patterson asked the toxicologist how her potassium levels were – she was told they were fine and not as low as they expected for someone with diarrhoea.
Erin agrees the doctor indicated her potassium levels were fine.
Rogers turns to a conversation Erin had with child protection worker Katrina Cripps where she reported having diarrhoea on the day of the lunch – Saturday 29 July 2023.
Cripps said Patterson told her she dropped her son’s friend home after the lunch on the Saturday and remained in the car so the seat could act like a “cork” to ensure she did not have an accident.
Patterson says she might have used this word but cannot remember saying this.
Rogers says if she was worried about soiling herself she would not have driven her son’s friend home. Patterson says she did not have diarrhoea when she took her son’s friend home.
She says she did not experience diarrhoea until “late in the evening” on the Saturday.
Patterson says she had a lot of people asking her the same questions and did her best to answer them, but may have got some things a little bit wrong along the way.
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Prosecutor Nanette Rogers SC asks Erin Patterson about a conversation she had with her estranged husband Simon Patterson while at Leongatha hospital about picking up their children from school.
She says Simon gave evidence Patterson paused after he asked her if she was well enough to pick up their kids.
Rogers says Patterson paused because she realised picking her children up would undermine her illness. Patterson says she does not know if she paused at the point.
“Are you making this up as you go along, Ms Patterson?” Rogers asks.
“No,” says Patterson.
Patterson is then questioned about the ambulance trip from Leongatha hospital to Monash hospital on 31 July 2023.
Rogers asks about evidence by a paramedic that she was calm and chatty during the trip.
Patterson says she was talking to the paramedic but was not calm.
The court hears Patterson didn’t need to use the toilet during the 90-minute trip.
Patterson is taken to the evidence by Laura Muldoon, a doctor who assessed her at Monash hospital.
Patterson rejects Muldoon that Patterson told her she had “explosive diarrhoea every 10 minutes”.
Pattersons says she wouldn’t have said she had diarrhoea of this frequency for two days.
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Erin Patterson rejects nurse’s evidence about mushroom cook not wanting children involved
Prosecutor Nanette Rogers SC turns to question Patterson about Dr Chris Webster warning her about the risk to her children who she said had eaten leftovers of the beef wellington.
The court has previously heard Patterson told medical staff she scraped the mushrooms and pastry off the leftovers she gave to her children.
Patterson says Webster was “yelling” but has since discovered that is his “inside voice”.
Patterson rejects the evidence given by Cindy Munro, a nurse at Leongatha hospital, that Patterson said she didn’t want the children involved when she told her the children needed to undergo testing because they had eaten the leftovers of the meal.
Patterson agrees she told Munro she didn’t want to worry her children.
“I definitely would have said that,” Patterson says.
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Erin Patterson denies she was thinking of ways to ‘cover her tracks’ between hospital visits
Prosecutor Nanette Rogers SC says Patterson used the more than 90 minutes she was away from the Leongatha hospital to work out what to do next after she realised medical authorities were aware of the death cap mushroom poisoning.
She says tending to her animals and packing her daughter’s ballet bag did not take up the full period she was away from the hospital.
Erin says: “What are you saying I was doing?”
Rogers replies: “Thinking about ways to cover your tracks.”
Patterson says: “I’m sure I did some thinking during that time but it wasn’t about covering my tracks.”
The terse exchange is one of several during Patterson’s cross-examination today.
Rogers shows the court a bowel chart for Patterson, previously tendered, which shows five documented bowel motions on 31 July 2023 while at Leongatha hospital.
The consistency for each says “liquid”.
Mairim Cespon, a registered nurse at the hospital, previously told the trial that after the first bowel movement Patterson told her “it does look like a wee but it’s a bowel motion”.
Patterson says she “didn’t want to think I was an idiot” so explained it was a stool.
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Erin Patterson says she was not told she may have life-threatening poisoning in first hospital trip
Patterson says she rejects her estranged husband Simon Patterson’s evidence that she told him on the Monday she went home and lay down for 45 minutes.
She says she told him she lay down but not for 45 minutes.
Prosecutor Nanette Rogers SC says lying down is the “last thing you would do” if you had been exposed to a poison.
Patterson replies: “Might be the last thing you’d do but it was something I did.”
Rogers continues, asking if Patterson had been told she may have had a life-threatening illness.
Patterson says doctors did not tell her it could be “life-threatening” in the first conversation at Leongatha hospital.
Rogers says after Patterson left the hospital she “drove towards Outtrim”.
“I did not,” says Patterson.
Rogers says Patterson’s phone records “demonstrated she drove out of the Leongatha area, heading towards or into Outtrim”.
Patterson denies this. She says she did not leave her Leongatha home before returning to the hospital.
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Erin Patterson didn’t think anyone had consumed death cap mushrooms when she left hospital
Prosecutor Nanette Rogers is questioning Patterson about her time at Leongatha hospital on 31 July 2023 – two days after the fateful beef wellington lunch.
Rogers says Patterson left Leongatha hospital because she knew she had not consumed death cap mushrooms.
“I didn’t think any of us had,” Patterson says.
It wasn’t why I was leaving.
Rogers says Patterson did not need to head home and pack her daughter’s ballet bag, as she previously testified. Rogers says her daughter did not have ballet that day.
Patterson says her daughter had a rehearsal on the Monday evening.
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The jurors have returned to the courtroom in Morwell.
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Revisit this morning’s evidence in this report from our justice and courts reporter, Nino Bucci.
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The court has adjourned for a lunch break.
Erin Patterson’s cross-examination will continue at 2.15pm.
Erin Patterson recalls ‘anxiety’ at doctors suspecting death cap mushroom poisoning
Prosecutor Nanette Rogers SC says Kylie Ashton, a nurse at Leongatha hospital, told Erin Patterson her life was at risk when she tried to persuade Patterson not to discharge herself.
Patterson rejects this.
Patterson agrees she told Ashton she would come back to the hospital. She rejects that she told Ashton she would return in 20 minutes.
She says she indicated she lives about 10 minutes away from the hospital.
Rogers says Patterson was stressed at the hospital because doctors suspected death cap mushrooms in the beef wellingtons.
“That definitely was a cause of anxiety,” Patterson replies.
“I was anxious at the idea that we may have eaten those things.”
Rogers says Patterson was shocked doctors were “on to death caps so quickly.”
“Incorrect,” Patterson says.
Rogers says Patterson was worried she would get caught.
“Incorrect,” Patterson says.
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Erin Patterson denies that she ignored doctor’s phone calls after she discharged herself from hospital
Erin Patterson is asked about discharging herself from Leongatha hospital against medical advice.
She rejects a suggestion by prosecutor Nanette Rogers SC that she did not answer Dr Chris Webster’s phone calls or voicemails when she discharged herself.
Patterson says she responded twice to Webster’s phone calls by ringing the hospital.
Rogers says Patterson left Leongatha hospital at 8.10am and returned at 9.48am.
Patterson says she cannot remember the specific time.
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Erin Patterson says she told doctor she bought most ingredients of lunch at Woolworths
The line of questioning turns to Patterson’s arrival at Leongatha hospital on 31 July 2023 – two days after the lunch.
Patterson arrived shortly after 8am, the court hears.
She rejects that Dr Chris Webster asked her where she bought the mushrooms for the beef wellingtons.
Patterson says she remembers Webster asking if she bought or made the beef wellingtons.
That stuck in my memory because I didn’t know you could buy them pre-made.
Patterson says she told him the majority of ingredients were bought from Woolworths.
Patterson recalled asking Webster why he thought the lunch attendees had consumed death cap mushrooms.
She says he walked away and is unsure if he heard her.
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Erin Patterson denies she was drinking coffee two days after lunch
Prosecutor Nanette Rogers SC takes Erin Patterson to evidence her children gave about the Monday following the Saturday lunch.
Erin’s daughter recalled seeing her mother drinking coffee that morning, the court hears.
Erin says she was sitting at the dining table with a mug but it did not contain coffee.
Her estranged husband, Simon Patterson, gave evidence that Erin called him that morning and said she still had diarrhoea every 20 minutes and asked him to drive her to the hospital.
“I don’t remember if I did that or not,” Erin says.
She says she cannot remember if she mentioned the frequency.
Erin agrees she asked Simon if he could drive her to the Leongatha hospital.
But she rejects that she told him she could not drive because she was worried about soiling herself.
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Court reminded of prior evidence that Erin Patterson didn’t use toilet in 90 minutes
Prosecutor Nanette Rogers SC takes Patterson to her son’s evidence that he did not see his mother use the toilet on the 90-minute one-way drive to his flying lesson in Tyabb on Sunday, 30 July 2023.
Patterson previously told the court that during this trip she went to the toilet in a bush on the side of the highway.
The flying lesson was cancelled due to poor weather, the court hears.
Patterson says on the way back her son bought her a coffee.
She says she had a “little” bit of the coffee.
Erin Patterson rejects estranged husband's evidence about 'poo my pants' statement
Prosecutor Nanette Rogers SC says Erin Patterson’s son gave evidence that he said they didn’t need to go to his scheduled flying lesson but his mother was keen to take him.
Patterson agrees that she was “pretty keen to take him”.
Rogers takes Patterson to a phone conversation she had with her estranged husband Simon Patterson on 30 July 2023 – the day after the lunch.
Rogers asks if Patterson told Simon she was having frequent diarrhoea, about every 20 minutes.
“I might have,” Patterson says.
Patterson rejects Simon’s evidence that she told him she had diarrhoea which began on the day of the lunch.
Rogers says Simon gave evidence that Patterson told him she was worried she would “poo my pants” while driving.
“I did not tell him I was afraid I would poo my pants, no,” Patterson says.
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The court has returned from a short break and the prosecution is continuing its cross-examination of Erin Patterson.
Erin Patterson repeatedly accused of lying about lunch by prosecution
Prosecutor Nanette Rogers SC says Erin Patterson’s son gave evidence that she did not tell him she was sick on the day of the lunch.
“I don’t know if I did or I didn’t,” Patterson says.
She says she would not have shared that with her son’s friend.
Rogers says Patterson’s daughter gave evidence that she believed her mother began to feel sick the day after the lunch.
Patterson says she doesn’t know if she told her daughter she was sick on the day of the lunch.
Rogers says Patterson’s son also gave evidence that he saw his mother on the Sunday – the day after the lunch – drinking coffee in the morning.
Patterson says her son is mistaken.
Patterson’s son said his mother said she was feeling unwell and had diarrhoea. He said his mother reported waking up during the night to use the toilet and said they may not be able to go to church that morning.
Patterson says her memory of this conversation is “very different”.
She says she came downstairs and found her son in the TV room.
The first thing he said to me was something like: I’ve got a sore tummy.
Patterson says her son said “can we not go to church?”.
Patterson says her son was the first person to raise not attending church on Sunday.
“I suggest that’s a lie,” Rogers says.
“It’s not,” Patterson says.
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Erin Patterson says she doesn't know what was in her vomit day of the lunch
Prosecutor Nanette Rogers SC says what Erin Patterson gave her children were not her leftovers of the lunch.
“Incorrect,” Patterson says.
Rogers turns to Patterson’s evidence that after the lunch she binge ate about two-thirds of an orange cake that her mother in law, Gail Patterson, had brought to her house and then vomited.
Rogers asks if it is Patterson’s evidence that the vomit was “partly constituted by the beef wellington”.
Patterson says she has “no idea” what was in the vomit.
How could I? It’s vomit. Unless you can see a bean or a piece of corn.
Rogers says “you didn’t have corn at the lunch”.
“That was an example,” Patterson says.
Patterson says she doesn’t know what time she vomited. She agrees it was before “dinner time.”
• In Australia, the Butterfly Foundation is at 1800 33 4673. In the UK, Beat can be contacted on 0808-801-0677. In the US, help is available at nationaleatingdisorders.org or by calling ANAD’s eating disorders hotline at 800-375-7767. Other international helplines can be found at Eating Disorder Hope
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Erin Patterson denies lying to medical staff about how much of beef wellington she ate
Prosecutor Nanette Rogers SC asks Erin Patterson about how much of her beef wellington she ate at the lunch.
Rogers suggests Patterson ate her whole portion of beef wellington at lunch but told Prof Rhonda Stuart, a doctor at Monash hospital, that she only ate half in an effort to explain to medical authorities why her symptoms were not as serious as the lunch guests.
“Incorrect,” Patterson says.
Pressed by Rogers that she previously gave evidence that she did not remember speaking to Stuart, Patterson maintains this is her evidence.
Rogers says Patterson told Katrina Cripps, a child protection worker, that she only ate half of her beef wellington.
Patterson says her memory is she ate “about half” of her beef wellington.
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Erin Patterson tells court she doesn’t own four of the same plates
Prosecutor Nanette Rogers SC says Simon Patterson gave evidence that the day after the lunch Heather Wilkinson said she recalled Patterson had served her beef wellington on a different coloured plate which was different to the other plates.
Simon also said that on route to hospital Heather asked if Erin was short of crockery and therefore needed to use mismatched plates, Rogers says.
“Heather Wilkinson was correct in her observations wasn’t she....” Rogers says.
“I don’t know,” Erin says.
Erin says she “doesn’t have a matching set of plates.”
I don’t have five plates the same so somebody would have had different plates.
I don’t have four plates the same either.
When I plated the food, it wasn’t for particular people.
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Erin Patterson tells court Ian Wilkinson’s evidence about her plates was incorrect
Prosecutor Nanette Rogers SC takes Erin Patterson to questions about the plates used to serve the beef wellingtons at the fateful lunch on 29 July 2023.
Earlier in the trial, Ian Wilkinson said Patterson served beef wellingtons for her guests on four large grey plates while she ate from a smaller “orangey-tan” coloured plate. (Ian is Erin’s estranged husband’s uncle).
Rogers says Patterson’s evidence that she only had white, black and red and black plates was a lie. Patterson rejects this.
Rogers asks if Patterson believes Ian gave incorrect evidence about the plates.
“Yes, I do,” Patterson replies.
Patterson says there were no grey plates used.
Rogers asks if it was the case that “people sat where they liked” at the dining table.
“Yes,” Patterson says.
Patterson rejects the suggestion by Rogers that she ate from a smaller plate.
Patterson says: “There was no smaller plate.”
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Erin Patterson says she does not remember ever visiting website iNaturalist
Prosecutor Nanette Rogers SC takes Erin Patterson to a digital report of a computer that police seized from her house a week after the lunch.
The court previously heard that electronic records from the computer showed it had been used to visit webpages listing sightings of death cap mushrooms on the citizen science website iNaturalist in May 2022.
Patterson says she does not remember ever visiting iNaturalist.
Rogers says Patterson was familiar with the website because she entered it as the search term on the search engine.
“I would have to disagree,” Patterson says.
Asked about her interest in death cap mushrooms, Patterson says she only wanted to know whether they grew in South Gippsland.
The court has previously heard that a URL visited minutes afterwards on the same computer on 28 May 2022 appeared to show an order for food had been placed at the Korumburra Middle Hotel.
Rogers says Patterson placed this order.
Patterson says “I don’t know.”
As Rogers moves to a new topic, Patterson begins to interject about a “second visit to Bricker Reserve.”
Rogers says “I’m the person who asks the questions.”
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Erin Patterson cross-examined about evidence regarding weight loss surgery appointment
Prosecutor Nanette Rogers SC says on Friday Erin Patterson told the jury she had a pre-surgery appointment for gastric bypass procedure for weight loss at the Enrich clinic in Melbourne. She said it was booked for September 2023.
Rogers says the clinic provides services in cosmetic surgery.
“I don’t know,” Patterson says.
Rogers says Patterson cancelled the September appointment.
Rogers puts to Patterson: “The Enrich clinic does not offer gastric bypass surgery ... Agree or disagree?”
“I don’t know,” Patterson says.
Rogers says the clinic also does not offer appointments for gastric bypass surgery or gastric sleeve surgery.
“I don’t know,” Patterson says.
I’m a bit puzzled.
Rogers says the appointment had “nothing to do with gastric bypass surgery”.
Patterson says it “would have been related to weight-loss surgery”.
I was looking into liposuction as well.
Rogers says Patterson’s evidence that she had an appointment at the clinic for gastric bypass surgery was a lie.
Patterson says it “wasn’t a lie”.
That’s what my memory was.
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The jurors have entered the room in Morwell.
Prosecutor Nanette Rogers SC is cross-examining Erin Patterson, who is dressed in a dark paisley shirt.
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While we wait for proceedings to begin, here is a recap of what the jury heard on Friday:
1. Erin Patterson said she could not recall accessing posts about death cap mushroom sightings on the citizen science website iNaturalist in May 2022.
2. Patterson said on 1 August 2023 – three days after the lunch – she realised foraged mushrooms may have been in a Tupperware container storing store-bought mushrooms and used in the beef wellingtons. This occurred after her estranged husband Simon Patterson asked if she used a dehydrator to poison his parents, Erin said. She agreed she did not tell anyone about this realisation.
3. Under cross-examination, Erin denied that the purpose of the fateful lunch on 29 July 2023 was to discuss advice about a medical issue she had. Erin acknowledged she told Simon about “some medical stuff” when she invited him to the lunch about two weeks prior.
4. Erin says the medical issues referred to gastric bypass surgery for weight loss she was planning to have. She said she had a pre-surgery appointment booked for this.
5. Erin said she felt “ashamed” about a message she sent to her Facebook friends in December 2022 where she wrote “fuck em” in relation to her in-laws, Don and Gail Patterson. She rejected the prosecution’s suggestion that messages in a group Facebook chat reflected her true feelings towards Don and Gail.
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Welcome to day 29 of Erin Patterson’s triple-murder trial
Patterson, who began testifying on Monday afternoon, will return to the witness box for a fifth day.
Prosecutor Nanette Rogers SC will continue cross-examining Patterson.
The trial, which is in its sixth week, will resume from 10.30am.
Patterson, 50, faces three charges of murder and one charge of attempted murder relating to a beef wellington lunch she served at her house in Leongatha in regional Victoria on 29 July 2023.
She is accused of murdering her in-laws, Don and Gail Patterson, and her estranged husband’s aunt, Heather Wilkinson. The attempted murder charge relates to Heather’s husband, Ian.
She has pleaded not guilty to the charges.
The prosecution alleges Patterson deliberately poisoned her lunch guests with “murderous intent”, but her lawyers say the poisoning was a tragic accident.
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