Day 12 summary
Here’s a recap of what the jury heard on day 12 of Erin Patterson’s murder trial:
A juror has been discharged from the trial. Justice Christopher Beale told the jury he had received information the juror had been discussing the case with family and friends “contrary to my instructions”. The dismissal means 14 jurors remain on Patterson’s trial.
A child protection worker told the court Erin Patterson described her estranged husband, Simon, as “nasty”, “controlling” and “emotionally abusive”, and believed he was isolating her from his parents. The comments were made by Patterson on 1 August 2023 – three days after the deadly lunch, the court heard.
The child protection worker, Katrina Cripps, says Patterson did not respond when she asked her if she had foraged mushrooms used in the lethal beef wellington. Cripps says she asked this while conducting a home visit at Patterson’s house on 2 August. Patterson was on her phone at this time, the court hears.
Don Patterson and Ian Wilkinson tested positive for death cap mushroom toxins, which were found in their urine samples. Gail Patterson and Heather Wilkinson tested negative for the toxins.
Erin Patterson and her two children tested negative for death cap mushroom toxins.
Remnants of the lunch meal and debris from the dehydrator dumped by Erin Patterson in the days after the lunch tested positive for death cap mushroom toxins.
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Beale reminded jurors this morning of the directions he gave to them at the beginning of the trial.
He said:
You should only discuss the case with your fellow jurors.”
The discharging of the juror means 14 jurors remain on Patterson’s murder trial.
The jury was previously told only 12 jurors would be in the final cohort to deliberate on the verdict for Patterson’s trial.
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Juror discharged from Patterson trial
A juror has been discharged from Erin Patterson’s triple murder trial.
Earlier today, Justice Christopher Beale told the jury he had received information the juror had been discussing the case with family and friends “contrary to my instructions”.
He said he had not made a positive finding that the juror discussed the case with family and friends, but “neither could I discount the possibility that he had”.
He directed the jury not to contact the juror who had been discharged, directly or indirectly.
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The jury has gone home for the day.
We’ll bring you live updates on the trial from 10.30am tomorrow.
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Death cap mushroom toxin detected in beef wellington leftovers and dehydrator, toxicologist tells court
According to the toxicological analysis, the meat and mushroom paste sample contained beta-amanitin, the court hears.
Toxicological analysis was also conducted on “vegetable matter and debris” from the dehydrator dumped by Erin Patterson at the Koonwarra transfer station and landfill.
Some of the dehydrator samples were positive for alpha-amanitin and beta-amanitin, the court hears.
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The jury is shown photos of exhibits taken during the toxicological analysis.
One photo shows two blue bags that are labelled to show they contain “pastry parcels”.
Another photo shows pastries on trays.
Gerostamoulos says he received exhibits on 29 August 2023 to test for the toxins found in death cap mushrooms.
These included portions of food, a fruit platter, a white jug with brown liquid and vegetable matter or debris, the court hears.
Prosecutor Sarah Lenthall tells Gerostamoulos about previous evidence by a mycologist who on Wednesday told the court she did not find death cap mushrooms in two visual examinations of the lunch leftovers.
Lenthall asks Gerostamoulos to explain this to the jury. He replies:
We undertake an analysis at much lower levels than what the naked eye can detect.
We rely on sensitive instruments to be able to detect very low quantities that were not visible.
We’re looking for the chemical compounds ... they’re not visible.
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The jurors are shown the toxicology results for Patterson’s two children.
The children cannot be named for legal reasons.
Both children tested negative for alpha-amanitin and beta-amanitin, the court hears.
No death cap mushroom toxins found in Patterson's samples, toxicologist says
Gerostamoulos says nine antemortem samples from Erin Patterson were analysed.
The blood and serum samples from Monash Medical Centre were collected on 31 July, the court hears.
Gerostamoulos says alpha-amanitin and beta-amanitin were not detected in the samples.
The samples showed the presence of ondansetron, an anti-nausea drug, the court hears.
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The toxicology results are then shown for Ian Wilkinson, the sole lunch guest who survived.
Only antemortem samples were tested for Wilkinson, the court hears.
Gerostamoulos says beta-amanitin was detected in Wilkinson’s serum sample.
Wilkinson’s urine sample contained alpha-amanitin above the threshold, the court hears.
The jury is shown the toxicology results for Gail’s sister, Heather Wilkinson.
Gerostamoulos says a urine specimen was received for Wilkinson.
Gerostamoulos says no alpha-amanitin and beta-amanitin was discovered in the samples.
Jurors are shown the toxicology results for Patterson’s mother-in-law, Gail Patterson.
Gerostamoulos tells the court the institute received more than 50 antemortem samples from Dandenong hospital and the Austin hospital.
He says no urine was collected or suitable for analysis.
Gerostamoulos says the results show no detection of alpha-amanitin and beta-amanitin above the reportable threshold in any of blood specimens.
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Don Patterson's toxicology urine samples showed 'clear detection' of alpha-amanitin and beta-amanitin
Gerostamoulos confirms he was sent antemortem and postmortem samples for Patterson’s father-in-law, Don Patterson.
He tells the court samples included stomach contents, a small section of liver and fluid from the eye.
He confirms a number of the specimens were tested for alpha-amanitin and beta-amanitin.
The jury is shown a table of the toxicology results for Don Patterson.
Prosecutor Sarah Lenthall asks Gerostamoulos about the results.
An antemortem urine sample shows a “clear detection” of alpha-amanitin and beta-amanitin, the court hears.
Gerostamoulos says postmortem blood and serum samples, collected days after Don presented to hospital, did not detect alpha-amanitin and beta-amanitin.
He tells the court when blood samples are collected after 24 hours of ingestion, they are unlikely to show levels of alpha-amanitin and beta-amanitin.
He says:
We know they persist in urine for some time longer.
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Gerostamoulos says the institute’s laboratory has a “reportable threshold” when testing a specimen for the presence of a compound. This is a concentration that can be reliably and repeatedly reported in a specimen, he tells the court.
He says if it falls below the threshold it is reported as “not detected”.
The reportable threshold for alpha-amanitin and beta-amanitin in samples like blood is “0.5 nanograms per mL”, he says.
Gerostamoulos tells the court testing for these toxins requires specialised techniques. He says:
We developed a technique that we know works reliably.
Gerostamoulos confirms the institute received a range of specimens for testing in this case.
He says these included antemortem, taken while the person is alive, and postmortem samples, taken when the person has died.
Samples collected soon after the ingestion are the most reliable.
Gerostamoulos tells the court the lethal dose of amatoxins for a 70kg adult would be about three tablespoons.
But he says the exact lethal dose will “depend on how much of the toxins are there”.
Gerostamoulos says the studies have been conducted in animals including mice and dogs.
He says:
They’re very toxic compounds.
Gerostamoulos says a small amount of amatoxins are found in the death cap mushrooms. He says:
Less than 10% of the mushroom actually contains the alpha-amanitin and beta-amanitin.
Gerostamoulos tells the court a person who has ingested the amatoxins will experience diarrhoea, vomiting and progressively get worse if a person is not treated.
He says the liver cannot process these amatoxins like a “normal drug”. He says:
Once a foreign drug is ingested, the body will look to remove that.
He says alpha-amanitin and beta-amanitin can be detected in the body when someone has ingested death cap mushrooms.
He says:
They have a very short half-life which means they don’t persist in the body for a long time.
He says the toxins may remain in the urine for a few days.
Gerostamoulos tells the court toxins in death cap mushrooms are not usually tested for at the institute.
He says when testing for death cap mushrooms the institute looks for the presence of amatoxins.
He says the amatoxins produced by death cap mushrooms are alpha-amanitin, beta-amanitin and to a lesser extent gamma-amanitin.
These can lead to a range of symptoms including liver failure and cell death, the court hears.
The prosecution has called their next witness, Dr Dimitri Gerostamoulos.
Gerostamoulos is the head of forensic science and chief toxicologist at the Victorian Institute of Forensic Medicine, the court hears.
Prosecutor Sarah Lenthall re-examines child protection worker Katrina Cripps.
She asks Cripps about her evidence regarding how much of the beef wellington meal Patterson consumed.
Cripps reviews the notes from the meeting with Patterson on 1 August 2023 – three days after the lethal lunch.
Lenthall asks how much of the meal Patterson told Cripps she ate.
“Half,” Cripps replies.
Cripps’ evidence concludes.
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Court resumes in Patterson trial
The jurors have returned to the courtroom in Morwell.
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The jurors have been sent out of the courtroom for an early lunch break.
The trial will resume at 2.15pm.
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Sophie Stafford questions Katrina Cripps on her timeline about when Erin Patterson knew the parents of her estranged husband, Simon, were unwell after the lunch.
Stafford says Cripps has provided evidence about Patterson recalling two conversations with Simon to her on the Sunday and Monday after the lunch.
Regarding the conversation on Sunday, Stafford tells Cripps that Patterson “did not tell you that Simon had told her that the others were unwell at that time”.
Cripps replies:
You can suggest it but I’m certain.
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Erin Patterson’s defence lawyer, Sophie Stafford, is cross-examining Cripps.
Stafford says Cripps is “not very clear” on what Patterson said about how much she ate at the lunch in July 2023. Cripps agrees.
Stafford says:
Is it your recollection that firstly she didn’t eat her entire portion?
Cripps says:
Yes. She indicated she didn’t eat it all.
Cripps agrees Patterson said she ate “some” of the beef wellington lunch.
Under cross-examination, Cripps says Patterson told her she put two plates aside from the lunch for her children to eat.
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Erin Patterson did not answer when asked if she picked the mushrooms herself, court told
Katrina Cripps says during the home visit, Erin Patterson described the packaging of the dried mushrooms to her as “in a bag that was not re-sealable” with a white label.
Patterson said she had opened the bag previously but decided to not use the dried mushrooms, Cripps says.
Patterson said she had been planning to use them in a carbonara dish but had decided against it as they had a “strong smell”, Cripps says. She then placed them in a container, the court hears.
She says Patterson told her she decided to use the mushrooms with the strong smell in the beef wellington meal because they “wouldn’t be the primary flavour”.
Cripps says she asked Patterson if she picked the mushrooms used in the dish.
Prosecutor Sarah Lenthall asks Cripps if Patterson answered the question.
Cripps says she did not. She says Patterson was on her phone when she asked the question.
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Katrina Cripps says Erin Patterson told her she did not eat all of the beef wellington meal.
Cripps says child protection determined Patterson’s two children would remain in the custody of their mother.
On 2 August, Cripps made arrangements to see Patterson, the court hears. She says:
The arrangement was to conduct a home visit.
Patterson’s children were at school during the home visit, the court hears.
During the visit, Cripps facilitated a conversation with a health department employee who wanted to speak to Patterson about where she had sourced the mushrooms used in the beef wellington. The employee earlier that day told Cripps she could not get hold of Patterson, the court hears.
Cripps recalls what Patterson told the department of health official:
She could not recall where she purchased the mushrooms from.
She says Patterson looked at her online bank statements before she spoke to the department of health employee on the phone, the court hears.
Cripps says:
I saw her scrolling on her phone. I did not see the screen.
She says Patterson did not find a record of buying the mushrooms and said she may have paid cash because it was a small purchase.
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Erin Patterson described Simon as ‘controlling’, child protection worker tells court
Asked about how Erin Patterson described her relationship with Simon Patterson, Katrina Cripps says she described Simon as “controlling” and “emotionally abusive”:
She did say they had a good relationship until recently.
Cripps says Patterson said she wanted to discuss a medical issue at the lunch.
Cripps says Patterson told her she found the beef wellington recipe in a RecipeTin[Eats] cookbook.
She says Patterson said she “wanted to do something new and special”.
She says Patterson said she bought pre-sliced mushrooms from Woolworths and dried mushrooms from an Asian grocer.
Cripps recalls Patterson telling her that mushrooms from an Asian grocer would “add a nice flavour to the beef wellington”.
Patterson said the children had eaten the leftovers of the lunch but she had scraped off the mushrooms for them, she says.
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Child protection worker tells court Erin Patterson said she felt ‘isolated’ from in-laws
Katrina Cripps recalls Erin Patterson saying a dispute over Simon listing himself as “separated” on his tax return in late 2022 had led to a strain in the pair’s relationship.
She says Patterson described her relationship with Simon’s parents:
She said that Don and Gail had been like the parents she hadn’t had … They’d always treated her like a daughter-in-law … that relationship had changed recently. She felt isolated from them.
She said the relationship between her and Simon had changed.
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Katrina Cripps works as a child protection practitioner at the Department of Families, Fairness and Housing, the court hears.
On 31 July, the department received a report regarding Erin Patterson’s two children.
On 1 August, Cripps and a colleague spoke to Patterson, her estranged husband, Simon Patterson and her two children.
Cripps tells the court she has a copy of notes her colleague made from these meetings.
Patterson said she and Simon separated in 2015, Cripps says.
She says Patterson told her the children had discussed not wanting to visit Simon on weekends because he “yelled” at them and slept a lot on the weekends.
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The jurors have entered the courtroom in Morwell.
The prosecution calls their next witness, Katrina Cripps.
The jurors have not entered the court room yet.
While we wait for today’s proceedings to kick off, here’s a report from our justice and courts reporter, Nino Bucci, on what the trial heard yesterday:
What we learned yesterday
While we wait for today’s proceedings to begin, here’s a recap of what the jury heard yesterday.
1. Dr Camille Truong, a mycologist, said she did not find death cap mushrooms in two visual examinations of leftovers of the beef wellington lunch that were provided to her.
2. Truong says it was highly unlikely mushroom poisoning would occur from fungi bought from supermarkets or smaller supply shops because they cannot be cultivated.
3. Prof Andrew Bersten, an intensive care specialist, who reviewed Erin’s medical records from 31 July – the day of the lunch – to 1 August 2023 said he thought there was was evidence she had a “diarrhoeal illness”.
4. The jury was shown CCTV footage of a woman disposing of a dehydrator at a tip, the Koonwarra Transfer Station And Landfill, on 2 August – four days after the lunch.
5. The defence raised the case of a Victorian woman who died by accidentally poisoning herself with death cap mushrooms in an unrelated incident a year after the fateful beef wellington lunch.
Welcome
Good morning.
Welcome to day 12 of Erin Patterson’s triple murder trial.
We’re expecting today’s evidence to begin shortly after 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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