12.51pm
Lies spun from insecurity, not malice
ByMarta Pascual Juanola
Erin Patterson was a woman who struggled with her weight, image, and binge-eating, her defence lawyer, Colin Mandy, SC, has told the jury.
He said evidence from the leading detective in the case, Stephen Eppingstall, was that Patterson had purchased dieting books and that her medical records showed she had complained to a medical professional about her weight.
“That’s a theme consistent with her evidence,” Mandy said.
In April and May 2023, Patterson contacted the Enrich clinic, which offered liposuction, but that all she had done was make an appointment. Mandy said all she had done was make an appointment, and thought they offered a whole range of treatments including liposuction and gastric bypass, but she was mistaken.
“She often thought there was something wrong with her. Often this worry was without substance,” Mandy said, and that it wasn’t surprising that leading into April and May 2023, “a lump on her painful elbow would result in concern and worry in this same way”.
Patterson had lied to her relatives about her health leading up to the lunch, her lawyer acknowledged.
“Erin often thought that she had issues with her health that ended up going nowhere... that’s not made up, that’s not a lie, that’s for everyone to see in her medical records and the conversation she had with other people, including Simon,” Mandy said.
Patterson had moved to Leongatha further away from Don and Gail, with whom she had a good relationship, and Mandy said it was probably true that she felt that Simon might have been isolating her again from the broader Patterson family and that a lie about her health was understandable when put into the context of isolation when she wanted love and care. He said there was no malicious intent behind it.
He told the jury that if they put themselves in Patterson’s shoes at the time, it might be more understandable.
“She is not on trial for lying. This is not a court of... moral judgment. You shouldn’t take the lead from this lie about the lump on her elbow to finding her guilty of triple murder. Those two things are a very long way apart,” Mandy said.
“She was trying to gain something. The continuation of Don and Gail’s care and concern, love and attention. And if it wasn’t for the lunch no one would have found out that it was a lie,” Mandy said.
“Don and Gail, and Ian and Heather were not told anything about it. The evidence is that they did not know the reason or the purpose for the lunch on July 29, 2023. If it had been a rouse to get them all there, to mislead them to come to the lunch for some reason she would have given them that explanation before the lunch ... but she didn’t,” Mandy said.
Patterson’s barrister will continue his closing address in Morwell’s courtroom four on Thursday, after the judge warned jurors to expect a long direction from the bench next week.
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