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The Guardian - AU
The Guardian - AU
National
Adeshola Ore

Erin Patterson trial day four – as it happened

Simon Patterson leaves the Latrobe Valley magistrates court
Simon Patterson will continue giving evidence in the Latrobe Valley magistrates court on Friday in the murder trial of his estranged wife, mushroom cook Erin Patterson, who has pleaded not guilty. Follow live updates. Photograph: James Ross/AAP

What we learned

Day four of the trial has wrapped up.

Here’s a recap of what the court heard today:

1. The court was shown text messages where Simon and Erin communicated about her “forgotten” invitation to her mother-in-law’s 70th birthday. Simon said at this point in time there was “tension” in Erin’s relationship with his parents and between the pair.

2. Simon told the court Erin had “struggled” with mental illness and postnatal depression after the birth of their first child.

3. Simon said his estranged wife “hates” hospitals as he was asked about her discharging herself from Leongatha hospital against medical advice.

We’ll be back on Monday morning to live blog day five from 10.30am.

Thanks for following along.

Updated

Erin Patterson trial adjourned for weekend

The court has adjourned for the weekend.

During the trial, the court will finish at around 1pm on Fridays.

Justice Christopher Beale KC tells the jurors that over the weekend they may see people who know they are on the jury who may be “extremely interested to chat to you about the case”.

“You have to shut that conversation down,” he says.

Beale reminds the jurors his instructions from earlier about not searching for any information about the case online or in newspapers.

“You’ve got to ignore those things,” he says.

He tells the jurors to “have a good weekend and come back refreshed”.

“I’ll only say this to you once. Switch off.”

Updated

Simon Patterson says Erin ‘extremely aggressive’ in dispute over finances

Simon says at this point Erin was being “extremely aggressive” and he believed a mediator would help the pair communicate.

Mandy says “aggressive” is not a correct characterisation and says she was “upset”.

The cross-examination then turns to the disagreement over child support payments.

Simon says the advice from child support authorities was he would be paying child support and should not pay Erin additional payments outside of that.

Mandy says child support payments of $38 a month over a year is “something less than $500”.

Simon replies “absolutely” and agrees it would not cover their children’s school fees.

He says on this date he didn’t know his required child support payment would only be $38.

Updated

Simon wanted a mediator for his and Erin’s communication, messages show

The jury is being shown further Signal messages between Simon and Erin.

On 6 December 2022, Simon writes to his estranged wife:

Hello Erin

Mum and Dad told me you asked them over to yours for a discussion yesterday, I understand there are two many issues. 1. How [our son] is going and 2. Finances for our kids.

I have read the messages you sent them in our Signal group chat since, and dad’s responses.

I am keen to talk to you about [our son] and how we can best work together to help him with where he’s at now, and for the future.

I am also keen to talk to you about the financial arrangements to try to come to an understanding and agreement between us.

Reading all the messages, the financial issues are very emotive now, and would likely be very difficult....

Three days later on 9 December Simon messages Erin:

I’ve learned more about the financial stuff this week and I think we can probably fairly easily sort that out, along the lines of what you’ve been messaging to mum and dad. I intend to ask a mediator to help you and me communicate about that

The children cannot be named in media reports for legal reasons.

Updated

Erin said she was given fentanyl at hospital, messages show

The court has been shown messages between Erin and Simon on 31 July – two days after the lethal lunch.

At 12.30pm, Erin messages Simon:

They’re arguing with me now saying I might have to go to Dandenong... this doctor is not listening to me and being a bit mean about it.

Simon says this related to Erin wanting to be at the same hospital as her children.

At 12.53pm, Erin messages Simon:

I’m going to Clayton. Squeaky wheel.

At 1.03pm Simon replies:

Nice work. We’re on our way there now, too. Kids are in good spirits.

At 4.03pm Erin messages Simon:

I feel nauseous and sore tummy but they have given me ondansetron and saline and fentanyl.

Updated

As the trial over the deadly 2023 beef wellington lunch continues in the Victorian supreme court, here’s what you need to know about the people involved.

Signal messages show dispute between Simon and Erin Patterson over son’s surgery bill

The court is being shown more Signal messages between Simon and his estranged wife, Erin, between 21 November 2022 and 15 August 2023.

The first message in November 2022 is Erin writing to Simon about their son’s surgery and an anaesthetist bill.

She requests Simon pay the bill.

Simon replies:

The department of human services instructed me not to pay you anything for the kids from now on, so I cannot pay that, I’m afraid.

Erin replied that the payment is not to her but to the anaesthetist.

Simon says this is “exactly the kind of thing they explicitly instructed me not to pay for”.

Updated

Erin’s relationship with in-laws ‘tense’, Simon tells court

Jurors have been shown messages between Simon and Erin between 14-15 October 2022 exchanged on the app Signal.

Simon says there was “a lot of tension” in his relationship with Erin at this point. He says her relationship with his parents was also tense.

In the messages shown to the court room, Erin says she is “very very hurt” she was not invited to Simon’s mother’s 70th birthday. Simon says this was due to a misunderstanding with his father, Don.

In a message to Erin on 14 October 2022, Simon says:

Hey are you coming to mum’s Birthday lunch.

Erin says she is not aware of it, to which Simon replies he thought his father had invited her. But says his father may have gotten mixed up.

Erin replies:

I’m not too sure how your dad could have been confused..... Seems that my invite tomorrow is a bit of an afterthought and not even from your parents so I might pass thanks...

She later messages Simon:

What I recon is everybody forgot to actually invite me to this thing and I feel very very hurt about that..

Simon says Erin is free to “choose to think whatever you want”. But he says the birthday event is “very important” to his mother, Gail.

Erin later messages that she’ll attend the lunch and will bring their children.

The following evening, Erin sends a message to Simon:

I’m sorry for shouting at you this afternoon. I was feeling very hurt and lashed out... I’d like to not do that again.

Simon says “thanks for that” and says he is “sorry I raised my voice and tone too”.

Updated

Simon Patterson agrees Erin ‘hates hospitals’

Simon is being questioned about Erin’s actions at Leongatha hospital after the mushroom lunch.

Under cross-examination by Mandy, he agrees Erin “hates hospitals” when asked about her leaving the hospital against medical advice.

Mandy also tells Simon there was “some sensitivity” about the need for their children to attend the hospital.

Simon agrees, saying his two children both had past experiences with hospitals which were “difficult”.

Updated

Simon Patterson says he didn’t ask his father ‘lots of questions’ about what he remembered about the lunch

Mandy questions Simon about a conversation he had with his father, Don, on 30 July when he was hospitalised after the mushroom lunch.

Mandy says at this point Don had been “distressed, physically, for a long period of time”.

“You couldn’t and didn’t ask him lots of questions about what he remembered about the lunch,” Mandy says.

“That’s correct,” Simon replies.

Mandy puts to Simon that Don told him about Erin’s potential cancer diagnosis rather than a “certainty.”

Simon says his understanding was that Don said Erin had been diagnosed with cancer.

“That wasn’t in doubt ... how to treat it is where the uncertainty was.”

Mandy reiterates that Don told Simon about Erin’s “suspected diagnosis” rather than a “confirmed diagnosis”.

Simon disagrees and says this is highly unlikely.

Updated

Erin ‘struggled a lot with mental illness’, Simon says

Mandy says Simon did not contact Erin after the lunch to inquire about the “medical issue” she had mentioned.

“Is it not the case over the years that Erin often complained about medical issues and thought she was unwell for various reasons?” Mandy asks.

Simon replies: “Yes.”

Mandy suggests these were unsubstantial. Simon says Erin told him she struggled with a heart condition which affected her sleeping.

“I have no reason to disbelieve that,” he says.

Simon says this required hospitalisation at times.

“She struggled a lot with mental illness, postnatal depression ... I believe that was real,” he says.

Mandy says in October 2021 Erin expressed concern about having ovarian cancer.

“Erin has never told me she had ovarian cancer,” Simon says.

Updated

Mandy has now turned to Erin inviting Simon to the mushroom lunch which was held on 29 July 2023.

Mandy points to Simon’s evidence yesterday that Erin had informed him she had “important” and “serious” medical news to share when she invited him to lunch.

“Let me put this to you, Erin did not say the words ‘important’ or ‘serious’ when she spoke to you that day,” Mandy says.

Simon replies that he can’t remember the exact words she said but that “important and serious are reasonable descriptions of what she communicated”.

Mandy suggests that the words “important” and “serious” were not used in his police statement.

Simon does not refute this.

Updated

Mandy begins by asking Simon about the relationship between his parents and children.

He shows the courtroom a video, showing Simon’s son and his father, Don, playing with a rocket-propelled car in the back yard. Mandy says it was captured on 17 July 2023 – weeks before the fateful mushroom lunch.

As he’s shown the video, Simon wipes away tears from his eyes.

Updated

Simon Patterson returns to witness stand

Simon Patterson is back in the witness stand in the courtroom.

Erin Patterson’s lawyer, Colin Mandy SC, is continuing his cross-examination of Simon.

Updated

We’re waiting to begin.

Our reporter Nino Bucci was in the courtroom yesterday on day three of Erin Patterson’s murder trial, when her estranged husband Simon Patterson started his evidence.

Here’s Nino’s report filed from Morwell in Victoria’s Gippsland region:

Updated

Day three recap

Before today gets under way, here’s a recap of what the jury heard yesterday:

1. Text messages shown to the court on Thursday revealed Erin had texted Simon on the eve of the mushroom lunch, saying she had spent a “small fortune” on buying eye fillet steak for her “special meal” of beef wellingtons. She said she hoped Simon would change his mind after he turned down the invitation.

2. Simon recalled Erin saying she had conducted a “blind taste test” with her daughter by putting dehydrated mushrooms in muffins. He told the court Erin remarked it was “interesting” that their child preferred the muffin that contained mushrooms given she didn’t like mushrooms.

3. Jurors also heard details about Erin’s relationship with Simon’s parents. He told the court Erin was particularly close with his father, Don.

4. Asked about Erin’s self-esteem, Simon said his estranged wife was “not particularly happy with how she is”.

“I don’t think she has high self-esteem,” he told the court.

5. Simon recalled Erin’s mixed plate collection at her home in Leongatha. Under cross-examination, he described her collection, saying there were some plates that matched and a single colourful plate.

Updated

Welcome to day four of the trial

Welcome to day four of Erin Patterson’s murder trial.

We’re expecting the trial to get under way at 10.30am. The court will wrap up at 1pm today.

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, regional Victoria, in July 2023.

She has pleaded not guilty to the charges. The defence’s case is that the events were an accident and Patterson never intended to harm her lunch guests.

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