The estranged husband of an Australian woman accused of feeding a poisonous mushroom dish to her in-laws said she never asked about the sick guests.
Simon Patterson returned to take the stand in the Supreme Court of Victoria on Friday for cross-examination by the defence counsel in Ms Patterson’s trial, in which she is accused of killing his three family members.
Ms Patterson, 50, is charged with three counts of murder and one of attempted murder for allegedly feeding her estranged husband’s parents and his aunt and uncle poisonous beef Wellington at a party at her home in July 2023.
The four guests were admitted to hospital with symptoms of death cap mushroom poisoning the next day, and three of them later died.
Ms Patterson has pleaded not guilty to all charges.
Mr Patterson testified that during a call following the lunch, his separated wife described feeling sick but did not ask after her lunch guests – his parents Don and Gail Patterson and his aunt and uncle Heather and Ian Wilkinson – who had fallen seriously ill.
“It intrigued me that she didn't actually ask,” he said, adding that Ms Patterson knew that her guests had been taken ill. “We didn't have that conversation, I think, at any time."
Ms Patterson called him two days after the lunch to say she had been experiencing diarrhoea every 20 minutes since that afternoon, and asked him to take her to hospital, Mr Patterson testified. She also reported feeling nauseous and having a sore stomach.
“She was worried she might poo her pants driving,” he said. “She asked me to come and take her to hospital.”
He declined and suggested she call an ambulance. Later that day she called again, saying she had gone to Leongatha Hospital but had left, against medical advice.
Ms Patterson had presented at the hospital with similar symptoms, the court heard, but discharged herself upon learning that she would be treated for mushroom poisoning.
Defence lawyer Colin Mandy cross-examined Mr Patterson after the prosecutor alleged that Ms Patterson had not eaten the same death cap mushroom meal as her guests.
The lawyer argued that she did fall ill afterwards but not to the same extent as Mr Patterson’s father, mother and aunt.
Mr Mandy said Ms Patterson had often complained about various medical issues over the years and informed her former husband about her health.
“Is it not the case over the years that Erin often complained about medical issues and thought she was unwell for various reasons?” the lawyer asked.
Mr Patterson replied that she had told him about struggling with a heart condition, which affected her sleep and required stays in hospital.
He also said Ms Patterson “struggled a lot with mental illness”, especially postnatal depression after their son was born. “I believe that was real,” he said.
Mr Mandy also objected to Mr Patterson’s use of the words “important” and “serious” while speaking about Ms Patterson wanting to discuss medical news when she invited him to lunch.
Mr Patterson agreed he did not remember the exact words but said that “important and serious are reasonable descriptions of what she communicated”.
In his testimony on Thursday, Mr Patterson had said his relationship with Ms Patterson deteriorated over the years, with text messages revealing “extremely aggressive” messages about child support payments.
The court heard that although the couple separated in 2015, tensions grew from 2019, after disputes over parenting and finances.
Mr Patterson said his former wife had sent him "inflammatory" and "aggressive" messages and agreed with the defence's suggestion that their behaviour had at times become petty.
If you are experiencing feelings of distress, or are struggling to cope, you can speak to the Samaritans, in confidence, on 116 123 in the UK and ROI, email jo@samaritans.org, or visit the Samaritans website to find details of your nearest branch.
If you are based in the USA, and you or someone you know needs mental health assistance right now, call or text 988, or visit 988lifeline.org to access online chat from the 988 Suicide and Crisis Lifeline.
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