12.59pm
Nine seconds ‘not enough’: The timeline of toilet stops
ByMarta Pascual Juanola and Erin Pearson
Erin Patterson has been taking notes with a blue pen as she sits in the dock while prosecutor Nanette Rogers, SC, presents her closing arguments to the jury.
Patterson is doing so, while members of the Patterson and Wilkinson families, including Ian Wilkinson, who survived the lunch, listen to Rogers speak.
Rogers told the jury that when Erin Patterson went to Leongatha Hospital on July 31, 2023 – two days after the lunch – she told staff she had experienced diarrhoea all day the previous day.
Rogers said according to evidence given by Department of Health manager Sally Ann Atkinson, Patterson described her explosive diarrhoea continuing through the night on Saturday, July 29, 2023, and into the following Sunday, before it slowed down throughout Sunday.
“On the morning of Sunday, [her son] came downstairs to find the accused drinking coffee at the dining table. She told him she felt sick and had to go to the toilet a few times during the night. [The boy] said she looked normal,” Rogers told the jury.
She said that on the afternoon of July 30, 2023, Patterson’s son had a flying lesson scheduled in Tyabb, a 90-minute trip from their home in Leongatha.
“[The boy] said they didn’t have to go if she felt unwell but the accused was quite persistent,” Rogers said.
But when the flight instructor rang Erin Patterson asking to push the session back as he was running late, this was “yet another opportunity for the accused ... to cancel the lesson, but she did not”, Rogers said.
“They drove for one hour and five minutes before the instructor called to cancel the lesson due to poor weather,” she said.
Patterson’s son hadn’t mentioned in his evidence that his mother had to stop on the side of the road to empty her bowels in the bushes, the prosecutor said.
“We suggest that if his mother had had to make an emergency toilet stop on the side of the road, that is something he would have recalled when he was asked if she’d had to go to the toilet during this trip,” Rogers said.
Rogers also reminded the jury of the CCTV footage from the Caldermeade BP on that Sunday, that shows Patterson “leisurely” walking to the entrance of the service station, and that she was in the toilet for nine seconds before she left the toilet and bought food.
Nine seconds was “obviously not enough” time to got to the toilet, Rogers said.
“There was nothing in her behaviour on the CCTV to indicate that she was suffering [from an illness, let alone frequent diarrhoea],” she said.
Rogers said it would take more than nine seconds for Patterson to go to the toilet and clean herself.
“Or at the minimum wash her hands,” Rogers said.
Rogers said it was the prosecution’s case that it was very unlikely that Patterson would have chosen to take a two-hour car trip for an “entirely optional activity” on a day that she claimed she was experiencing explosive diarrhoea.
The only reason she was able to travel to Tyabb, the prosecutor said, is because Patterson did not have diarrhoea on the Sunday “at all”.
Prosecutor Nanette Rogers, SC, is arguing to the jury that accused killer Erin Patterson faked a cancer diagnosis to her lunch guests and deliberately deviated from a beef Wellington recipe.
www.theage.com.au