What the court heard on day three of Erin Patterson trial
Day three of Erin Patterson’s murder trial has wrapped up.
Here are five things the court heard today:
1. Text messages shown to the court revealed Erin had texted Simon on the eve of the mushroom lunch, saying she had she 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.
We’ll be back tomorrow to live blog day four from 10.30am.
Thanks for following along.
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Simon agrees child support was assessed at about $40 a month, the court hears.
“It was hardly anything,” he says.
Simon agrees up until this point he had been paying for the children’s school fees.
Mandy asks Simon about child support authorities advising him to stop paying school fees.
Simon tells the court he was advised he would be “double paying” if he paid Erin child support and paid the fees. He says this was before he knew the child support amount would only be $40 a month.
Simon agrees this created some friction between the couple.
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Jury shown Signal messages about child support application
Jurors are now being shown messages between Erin and Simon Patterson about child support payments on 21 November 2022.
Using the app Signal, Erin’s message to Simon reads:
FYI I put in child support application so that I can apply for family tax benefit, as I said I was going to do a few weeks back. Their procedure is try to contact you by phone or letter, idk which, to confirm basic details such as you accept you’re the father of the children and agree we’re separated etc. They asked for a date of separation, it’s kind of moot because the assessment doesn’t begin until the date I applied, which is November 18th, but I said September 14h for the sake of having a date. They’ll probably ask you to confirm that so that or information lines up. Just fyi.
Simon replies:
Thanks for the heads up.
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Erin 'not particularly happy' with herself in most aspects and lacked self esteem, Simon tells court
Mandy questions Simon about Erin’s weight gain and whether she felt self-conscious about this.
“Do you accept she wasn’t happy with the way she looked?” Mandy asks.
“Erin is not particularly happy with how she is ... probably most aspects. I don’t think she has high self esteem,” Simon replies.
Simon says Erin didn’t explicitly express weight gain as being a cause for low self esteem.
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Simon asked about Erin’s plates
Mandy is asking Simon about Erin’s crockery at her Leongatha home.
Simon says Erin had a “mixture of plates”.
“It’s not that they were all different to each other... she had a bunch of ceramic plates, generally, that weren’t all the same. There were a few the same as each other,” Simon says.
Mandy asks: “So there’s no set ones?”
Simon says it was a “a mismatched group of plates” with some matching ones in the collection. He recalls one coloured plate in the collection.
Simon agrees Erin had about eight to 10 plates in her house.
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‘She seemed like a devoted mother most of the time,’ Simon tells court of Erin
Mandy asks if Simon’s “wider family network” was an important part of Erin’s life.
“There were connections there, some good relationships I thought,” Simon says.
Simon agrees he and Erin attended many meals at his parent’s house for meals, but says generally other relatives also attended.
Simon is asked about his characterisation of Erin as a “devoted” mother.
“She seemed like a devoted mother most of the time,” Simon says.
He agrees Erin took her role as a mother seriously and allowed their children to pursue their interests.
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Court told of closeness between Erin and Simon’s father and shared interest in books
Colin Mandy SC has recommenced his cross-examination of Simon Patterson.
Mandy is asking Simon about his parents’ relationship with Erin. He touches on the closeness between Simon’s father, Don, and Erin, which included a shared love of books.
Simon agrees Erin had sought Don’s advice at times and trusted his opinion.
A reminder of the family tree:
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Court told of disagreement between Erin and Simon over whose name should appeal on property titles
Simon agrees that prior to 2020 he held hopes that he and Erin would reconcile.
He says in early 2021, they had a disagreement over whose name should appear on the titles of the property they owned.
Simon says as Erin was building her home in Leongatha, he questioned whether she was “using him” for his contacts.
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Simon asked about separation with Erin and attempt to reconcile in 2018
Mandy is pressing Simon on his use of the word “amicable” to describe the separation. Simon says the couple did not engage lawyers as part of their separation.
Mandy asks Simon about an attempt to reconcile in 2018 when they had visited South Africa with their children. Simon agrees this was not successful.
Erin’s mother died in 2019 and left her estate to her two children, the court hears. Erin used this inheritance to buy a property in Mount Waverley in Melbourne and her home in Leongatha.
Mandy says that despite the separation, both houses were bought under the couple’s name as a joint title. Simon agrees it was a sign of “good will”.
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Simon tells court of visit to church and Erin being ‘moved’ by communion
Mandy is now taking Simon back to the early days of the couple’s relationship.
He asks about them travelling to Korumburra during a trip with other friends and visiting the town’s Baptist church. Simon agrees up until that time he knew Erin to be an atheist.
Mandy asks if Erin was “moved by the sermon”. Simon recalls her leaving the church building and looking “upset”.
“She was actually moved by what was happening during the communion part of the service, not the sermon.”
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Erin helped Simon’s siblings with interest-free loans, court told
Colin Mandy SC is asking Simon about his relationship with Erin.
He asks if Erin was “generous” with the $2m she received as an inheritance when her grandmother died in 2006.
Simon says the money was used to help the couple buy a property in Quinninup, in Western Australia.
Mandy says Erin also assisted Simon’s siblings with interest-free loans. Simon agrees these helped his siblings buy properties.
“Money’s not been the most important motivation to either Erin or me,” he says.
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Prosecutor Nannette Rogers SC has concluded her examination.
Erin’s Patterson’s lawyer Colin Mandy SC is commencing his cross-examination of Simon.
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Erin Patterson did ‘blind taste test’ with daughter using dehydrated mushrooms, Simon tells trial
While in the hospital on 1 August, Simon recalls Erin saying she did a “blind taste test” with their daughter using dehydrated mushrooms in muffins.
Erin remarked that the daughter had preferred the muffin containing mushrooms despite not liking mushrooms, Simon says.
Under questioning by Rogers, Simon says this was the first time he had heard about the “taste test”. He says he does not know what time this occurred.
“It felt like news to me that she dehydrated food,” he says.
Simon tells the court he was not aware of Erin owning a dehydrator.
• This post was amended at 16.38 AEST. A previous version referred to a taste test for the children, however Simon Patterson said it was for the daughter.
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No apparent signs of ‘urgency’ or vomiting when Erin went to toilet in hospital, Simon tells court
Simon Patterson says he observed Erin in her hospital room and while she did go to the toilet there didn’t appear to be signs of “urgency”.
“There was no sign to me of diarrhoea and vomiting,” he tells the court.
“She went to the toilet once. Not the frequent toileting she had been telling me about.”
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For those just joining our live coverage, our reporter Nino Bucci is in the court room in Morwell.
Here’s his report from Simon’s earlier evidence:
Simon Patterson picked up children from school and drove them to hospital, court told
Simon Patterson is continuing to give evidence about picking up his children from school on 31 July – two days after the lunch.
He says he told them they needed to be tested because they had consumed leftovers of the lunch meal, and he was driving them to Monash Children’s hospital in Melbourne.
Simon says the children told him they had eaten steak, mashed potato and beans as leftovers from the lunch. His daughter said they didn’t eat mushrooms. He says it was “well known” in the family his daughter did not like mushrooms.
The children were admitted and found not to be ill but kept overnight, the court hears.
Simon says Erin was in a room nearby to the children at the Monash Medical Centre.
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Who are the key figures in the trial?
While we wait for the court to resume, he’s an explainer on the key figures in the alleged triple murder case:
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Court adjourns until 2.15pm
The court has now adjourned for a lunch break and will return at 2.15pm.
Simon Patterson will then continue giving evidence.
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Erin Patterson told hospital staff she had fed leftovers to children, Simon Patterson tells court
While Simon is en route to Dandenong hospital to visit his parents, Erin calls him, the court hears.
Simon says Erin tells him she has been to Leongatha hospital and has told medical staff that she had fed their children leftovers from the lunch meal.
He recalls Erin saying she wanted to pick the children up from school so they could be tested. Simon tells Erin he is happy to pick up the children, jurors are told.
“She was really keen for the children to be taken to the same hospital she was at,” Simon says.
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Court hears Erin Patterson requested that Simon Patterson drive her to hospital on 31 July
On the morning of 31 July, Erin calls Simon and asks to speak, the court hears.
Simon says he tells Erin he has only had a couple of hours’ sleep and requests to speak later.
Patterson was “indignant” with his response, Simon says:
She said, somewhat sarcastically, I’ll sort out my own problems.
She says she has frequent diarrhoea, about every 20 minutes, and she thought she should go to hospital.
She was worried she may have an accident if she drove herself to the hospital due to the duration of the car trip, Simon says. Erin requested Simon drive her to the hospital.
I said ‘no, I won’t’. I suggested she get an ambulance.
I suggested she should go to hospital.
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Erin Patterson told Simon she had experienced diarrhoea after 29 July lunch, court hears
Don and Gail Patterson are moved to Dandenong hospital on the evening of 30 July and are in separate rooms, the jurors are told.
Simon says he speaks to Erin on the phone that evening and informs her his relatives are “crook”.
Erin tells Simon she had experienced diarrhoea which began the afternoon after the lunch, the court hears.
“I think she was saying it [diarrhoea] started in mid to late afternoon on the Saturday and continued in the night,” Simon says.
Simon returns to his home in Korumburra at about 2.30am on 31 July, the court hears.
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Simon Patterson tells court he had ‘never heard of’ Erin’s cancer diagnosis
Simon Patterson later attends Korumburra hospital to visit his parents, arriving late morning on 30 July, the court hears.
Nanette Rogers asks Simon how they appeared. Simon says:
Dad was substantially worse than mum. He was really struggling.
He was lying on his side, hunched quite noticeably. Really discoloured face, struggling … speaking was an effort.
His voice was strained … he wasn’t right inside.
Simon’s father, Don Patterson, tells him Erin Patterson had revealed at the lunch she had been diagnosed with ovarian cancer.
Simon says Erin had not told him about undergoing medical tests.
“I’d never heard of her cancer diagnosis,” he says.
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Heather Wilkinson told Simon Patterson she noticed Erin’s food was on different coloured plate, court hears
The following morning – 30 July – Simon’s father, Don, calls him. He says he and Gail have been unwell, Simon tells the jury.
Don tells Simon his aunt and uncle, who attended the lunch, are experiencing similar symptoms. Simon then drives to his aunt and uncle’s house. He later calls an ambulance for the pair.
When Ian is out of the room, Simon says Heather looks “puzzled”.
“She said: ‘I noticed Erin served her food on a coloured plate which was different to the rest,” Simon says.
Simon then decides to drive his aunt and uncle to the local hospital because the ambulance is taking too long.
As he drives his aunt and uncle to Leongatha hospital, Heather asks Simon: “is Erin short of crockery?”
Simon replies: “yes, Erin doesn’t have that many plates and that may have been the reason.”
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Simon Patterson was not in touch with parents or aunt and uncle on 29 July, court told
As Simon is dropping off the children, he notices his parents’ car outside Erin’s house in Leongatha.
He doesn’t see or talk to anyone as he drops off his son and friend. Simon and his daughter then drive back to his home in Korumburra which he describes as their usual Saturday routine.
He returns to Erin’s house in Leongatha to drop off his daughter around 9pm.
Simon says he had no communication with his parents or his aunt and uncle that evening.
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On the day of the lunch, Simon called his son at midday. His children, who cannot be named for legal reasons, were at McDonald’s in Leongatha at the time. His son’s friend was also with the pair.
They planned to attend the cinemas in Leongatha afterwards, Simon says.
Simon also spoke to his daughter on the phone and planned to pick the three children up from the cinemas. He then drove them to Erin’s house.
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Erin Patterson’s estranged husband told her he was ‘too uncomfortable’ to attend mushroom lunch, murder trial hears
Jurors are now being shown text messages between Simon and Erin on the evening of 28 July – the night before the lunch.
Simon texted Erin at 6:54pm saying:
Sorry, I feel too uncomfortable about coming to the lunch with you, mum, dad, Heather and Ian tomorrow, but am happy to talk about your health and implications of that at another time if you’d like to discuss on the phone. Just let me know.
Patterson then replies at 6:59pm:
That’s really disappointing. I’ve spent many hours this week preparing lunch or tomorrow which has been exhausting in light of the issues I’m facing and spent a small fortune on beef eye fillet to make beef wellingtons because I wanted it to be a special meal as I may not be able to host a lunch like this again for some time. It’s important to me that you’re all there tomorrow and that I have the conversations that I need to have. I hope you’ll change your mind. Your parents and Heather and Ian are coming at 12:30. I hope to see you there.
Simon says Erin’s text messages did not change his mind and he told his parents he would not be attending the lunch.
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Erin Patterson first invited Simon Patterson to lunch on 16 July 2023, court hears
Simon says he first heard about what would be the fatal lunch on 16 July 2023 – two weeks prior.
He says on the day he was attending a service at the Korumburra Baptist church, where he provided technology support.
Erin approached Simon after the service and said she had “important medical news” and invited him to lunch at her house because she wanted advice on how to break this to the children.
She told him she had also invited Simon’s parents, Don and Gail Patterson and his aunt and uncle, Ian and Heather Wilkinson. He says:
She said she was keen for it to not be with the kids … she wanted to talk about … this serious matter.
Simon says he was a “bit reluctant” but agreed to attend the lunch.
He says he did not see Erin again before the lunch was held on 29 July.
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Erin Patterson ‘got on well’ with in-laws, Simon Patterson tells court
Nanette Rogers is asking Simon Patterson about a group chat on the messaging platform Signal. It included Erin Patterson, Simon and his parents.
Simon says Erin complained about him not agreeing to his request to pay the school fees equally in late 2022.
Rogers asks Simon about Erin’s relationship with his parents.
“They got on very well, I think,” he says.
Simon says Erin “especially got along with dad”.
“They shared a love of knowledge and learning, and interest in the world.”
He becomes teary as he says Erin loved his father’s “gentle nature”.
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Map of the key locations in the Erin Patterson case
Here is a map showing the key locations in the alleged triple murder:
Leongatha, where Erin Patterson lived, is where the fatal lunch occurred in July 2023, the court has been told.
Erin Patterson had invited Simon Patterson’s family to lunch during a service at the Korumburra baptist church, where Ian Wilkinson was the pastor, on 16 July 2023.
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Erin Patterson was ‘upset’ about Simon using ‘separated’ term on tax return, court hears
Simon has recounted an incident in late 2022 when Patterson asked why Simon had referred to himself as “separated” on his tax return for the previous financial year.
Patterson told Simon she was therefore obliged to receive child support payments from him which had “never happened before,” the jurors here.
“She was upset about it,” Simon says.
Rogers asks Simon how Patterson found out about this. He says he’s unsure.
He describes it as a “miscommunication between my accountant and me”. An offer to amend it was rejected by Patterson who was unhappy, he says. It was then resolved that Patterson would formally apply for child support payments.
After this, Simon says messages he sent to Patterson were sometimes ignored and the previous “chatty” tone of their correspondence had vanished.
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After this, Patterson pushed for the pair to equally split the costs of their children’s school fees.
Simon says he had been advised by the “child support people” not to do this because these fees would be covered in his payments to Patterson.
“I was sure she was very upset about that,” he says.
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Patterson received a “substantial” inheritance of about $2m when her grandmother passed away in 2006, Simon says.
“They dribbled it out really slowly, the executors,” he says.
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Simon Patterson tells court he and Erin Patterson remained friends after separation
Under examination by Nanette Rogers, Simon Patterson agrees he indicated to Erin Patterson that he wanted to reconcile the marriage.
The pair separated numerous times until late 2015, the court hears. Simon says:
When we lived together, it was always her leaving me.
He agrees the relationship remained friendly after the separation in 2015 and they managed the care of their children well.
Simon appears to become emotional and requests tissues as he says: “It’s good to be friends with the person you’re married to.”
He says he is “struggling to answer the question”.
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Split in 2015 was a ‘permanent separation’, Simon Patterson tells court
Simon is detailing to the court the early years of the couple’s marriage.
In 2007, the pair travelled to Western Australia where they lived for two years. Their first child was born in 2009.
During this time, they separated for about six months, Simon says. They returned to Victoria in 2013. Their second child was born in 2014.
Simon says they bought a house in Korumburra. They lived there until 2015, when the couple separated. Patterson then decided to buy herself a “separate house and move into it”, also in Korumburra, Simon says. She moved into the house alone.
Under examination by Rogers, Simon agrees the split in 2015 was a “permanent separation”:
It was strained, there was tension in it.
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Estranged husband says Erin Patterson inviting guests over was 'very rare'
Simon Patterson describes Erin Patterson as “very intelligent”:
I guess some of the things that attracted me to her in the first place was definitely her intelligence. She’s quite witty and can be quite funny.
He says during the pair’s marriage, she performed home duties and also undertook studies including legal and science courses.
Nanette Rogers asks if it was rare for Patterson to invite guests over to the family home.
Simon replies:
Very rare
He says that after the pair’s separation wider family gatherings involving his siblings and parents were not held.
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The jurors are being shown a diagram of the Patterson and Wilkinson families.
It shows that Simon’s aunt, Heather Wilkinson, married Ian Wilkinson.
Here’s a diagram:
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Estranged husband arrives
Patterson’s estranged husband, Simon, will begin giving evidence today as the prosecution’s first witness.
The pair had an amicable relationship despite their separation in 2015 until November 2022, according to the prosecution.
Until November 2022, Simon had maintained hope the couple would reconcile, the court heard.
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Jurors arrive
The jurors have entered the court for day three of Erin Patterson’s murder trial.
The proceedings will begin shortly.
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Day two recap
Here’s a recap of what we heard on day two of Erin Patterson’s trial.
The prosecution has told jurors that Patterson had invited her estranged husband, Simon, and his relatives to her house in July 2023 to discuss “medical issues” she had and how to break the news to her two children.
Nanette Rogers SC, the prosecutor, said Patterson had told them she had cancer, but the prosecution allege she did not have cancer, and concocted the story about medical issues to ensure that the children were not present for the lunch.
The defence told the court it was not in dispute that Patterson had never been diagnosed with cancer. Patterson’s lawyer, Colin Mandy SC, also said she had lied to police about never foraging for mushrooms but denied ever having deliberately sought out death cap mushrooms.
The defence’s case is that the three deaths were a tragedy and a terrible accident. Mandy said the main issue in the case was that Patterson did not deliberately serve poisoned food to her guests.
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Good morning
Hello and welcome to Guardian Australia’s live coverage of the Erin Patterson trial, which is expected to restart at 10.30am this morning.
Patterson is accused of murdering her in-laws, Don and Gail Patterson, and Gail’s sister Heather Wilkinson by feeding them a beef wellington dish allegedly laced with death cap mushrooms in July 2023. The lunch took place in the regional Victorian town of Leongatha, in Australia’s south-east.
Patterson is also accused of attempting to murder Heather’s husband, Ian Wilkinson, who recovered from the lunch after becoming ill.
She has pleaded not guilty to murdering or attempting to murder the relatives of her estranged husband, Simon Patterson.
The trial is expected to run for five to six weeks. The supreme court trial is being held in Morwell in Victoria’s Gippsland region.
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