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AAP
AAP
National
Emily Woods

Mushroom jury told to 'disregard' kids leftovers claims

The jury in Erin Patterson's triple-murder trial will start considering its verdicts next week. (James Ross/AAP PHOTOS)

A judge has urged jurors to "disregard" prosecution claims that Erin Patterson's children would have become sick from eating meat leftover from toxic beef Wellingtons.

Patterson, 50, has claimed she scraped off the mushroom paste and pastry from individual beef Wellington leftovers and served the meat to her two kids the next day.

But prosecutor Nanette Rogers SC argued in her closing address that the accused triple-murderer had lied about this "to help cover her tracks".

Prosecutor Nanette Rogers (file)
Nanette Rogers said Erin Patterson had lied about giving her kids leftovers to deflect suspicion. (James Ross/AAP PHOTOS)

"The only reason the accused would tell such a lie was because she knew she had included death cap mushrooms in the beef Wellingtons, eaten by the lunch guests," she said.

"And thought that if she said she had also fed it to her children, it would deflect any suspicion that she deliberately did so.

"People would more readily believe that this was all a shocking accident if she'd given the same food to her beloved children."

The two Patterson children were assessed at hospital after eating the leftovers but did not become sick or suffer any poisoning symptoms.

Dr Rogers argued the evidence "strongly suggests" that if the children had eaten the leftover meat they would have "at least experienced some symptoms".

However, Justice Christopher Beale on Thursday told the jury there was no expert evidence during the trial to test whether the children would have suffered any symptoms.

"You have no evidence as to whether that would be the case and so I direct you to disregard that argument," he said.

"You would be speculating if you were to go down that path."

Heather Wilkinson, and Don and Gail Patterson
Heather Wilkinson, and Don and Gail Patterson died after eating Erin Patterson's beef Wellingtons. (HANDOUT/INTRAWORK BUSINESS SERVICES)

The triple-murder trial, which began at the end of April, has reached week nine in the regional Victorian town of Morwell.

Patterson, 50 has pleaded not guilty to three murders and one attempted murder over serving her estranged husband's family death cap mushroom-laced beef Wellingtons.

Her former in-laws, Don and Gail Patterson, 70, and Gail's sister Heather Wilkinson, 66, all died in hospital days after eating the lunch prepared by Patterson on July 29, 2023.

Heather's husband Ian Wilkinson became unwell but was the only lunch guest to survive.

Patterson claims the lunch was a terrible accident and she did not intend to poison her guests.

Earlier, the judge informed jurors they would not be sent away to deliberate until Monday, bringing the trial into week 10.

Ian Wilkinson (file)
Ian Wilkinson became unwell but was the only lunch guest to survive. (Joel Carrett/AAP PHOTOS)

"We will be stopping, as we normally do, at one-o'clock tomorrow," Justice Beale said on Thursday morning.

"You'll be able to go home for the weekend. 

"I'll be completing my charge prior to lunchtime on Monday, at which point we'll have the ballot and away you go, so to speak."

Fourteen jurors will be balloted down to 12, who will be tasked with deciding whether Patterson is guilty or not guilty of each of the charges.

The judge reminded the jury that they will be sequestered at the end of each day during their deliberations.

The trial will resume on Friday, when Justice Beale will continue to summarise the case and explain legal directions, known as the charge.

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