Australia - 3 dead after eating wild mushrooms, Leongatha, Victoria, Aug 2023 #15 *Arrest*

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  • #201
3.26pm

Prosecution says deliberately, defence says accidentally​

By​

Erin Patterson’s defence barrister Colin Mandy QC, has raised questions about why, if the prosecution’s case was that by April 28, 2023, Patterson had all the death cap mushrooms that she would need – if, indeed she had planned to use them intentionally – would Patterson would have felt the need to go to get more on May 22, 2023? In fact, Mandy said, by the time June 24, 2023, came around and Patterson hosted an earlier lunch with her former parents-in-law Don and Gail Patterson, she already had enough death cap mushrooms to poison them.

“Prosecution says she had them deliberately. Defence says she had them accidentally,” Mandy said.

Mandy said the meal Patterson cooked for her guests on June 24, before the fatal lunch on June 29, did not have mushrooms and the couple did not need to be encouraged to attend, as they were happy to go.

Mandy said that the prosecution’s theory that Patterson wanted her estranged husband Simon to attend the fatal lunch on July 29, 2023 to kill him was absurd, since that would have resulted in her children losing their father, grandparents and great-aunt and uncle. He said that it was surely more likely that Patterson’s account that she had moved to Leongatha, away from her support system and wanted to “build bridges”, was true.

“Simon was her link to that community and she was feeling like she was being isolated,” Mandy said.
He said the children were not present at the lunch but they weren’t banned from being there.
“Every time we get to one of those ‘what’s more likely questions’ ... it always seems as though the answer of what’s more likely is in Erin’s favour and not the convoluted theories of the Crown,” he said.

He said that the defence case was that sometime in April or May, having openly bought a dehydrator to preserve mushrooms, Patterson had foraged on another couple of occasions, dried those mushrooms and put them in a Tupperware container in her pantry that contained other mushrooms.

1750224553496.webp

 
  • #202
15:19

Claim lunch plates were different colours is pulled apart​

Mr Mandy reminded the jury that the Crown said five poisoned beef Wellington parcels and one unpoisoned one were baked in the oven.
'If that was the case, it would be very important to make sure… you can tell which one is the non-poisonous one,' Mr Mandy suggested.
Mr Mandy reminded the jury Mr Wilkinson (pictured right) gave evidence all the Wellingtons came out of the oven on the same tray and he, his wife Heather and Don and Gail ate off four large grey plates and Patterson ate from a smaller colourful plate.
Mr Mandy said you'd need to mark the unpoisoned one to recognise it when it comes off the oven tray.
'So different coloured plates would not be required,' Mr Mandy said
Mr Mandy suggested Mr Wilkinson was wrong about the different coloured plate.
'On all of the evidence he's wrong, honestly mistaken,' Mr Mandy said.
Mr Mandy said the search by police in August was thorough and they found no plates that matched Mr Wilkinson's description in the house.
Mr Mandy also said Simon said Patterson did not have matching plates
'He believed Patterson had a random selection of plates,' Mr Mandy said
'Which is what police found during their search,' he suggested.

When was te last time that Simon had eaten there though? I'm sure Ian Wilkinson would remember if they all had multi coloured plates and so would poor Gail...
 
  • #203
now06.30 BST

Colin Mandy SC says if Patterson made an unpoisoned beef wellington for herself she would need to mark it in a way to differentiate it from the toxic ones.

“In which case you would not need different coloured plates,” he says.

Earlier in the trial, Ian Wilkinson said Patterson served beef wellingtons for her guests on grey plates while she ate from an “orangey-tan” coloured plate.

Mandy says “it has to be the case that Ian Wilkinson is wrong about what he says.”

He says Ian is “honestly mistaken”.

Mandy says when police searched Patterson’s house a week after the lunch they were aware of the plate issue and found no plates matching Ian’s description.

Simon’s evidence was that Patterson had no sets of matching plates, the court hears.

Simon also testified that the day after the lunch Heather Wilkinson raised Patterson’s mismatched crockery. Mandy points to the evidence of Patterson’s son’s friend who recalled seeing white plates after the lunch.

The video from the police search at Patterson’s house showed two white plates, a few colourful plates and some black plates, Mandy says.

“There weren’t any orangey-tan plates,” he says.
 
  • #204
Geeeze....Mandy is really glossing over that huge cancer lie and trying to dismantle it.

Seems he ignored her lies about wanting to tell her family she had ovarian cancer so she would have help with childcare while her 'scheduled' bariatric surgery was taking place.

THAT ^^^ was the intricate LIE that Erin told the jury. Come to find out she had no scheduled surgery. So the defense now trying to say 'Hey, she made alit mistake, thought they did stomach stapling---My Bad---- >>>That's not enough of an explanation, IMO
As one would suspect, Mandy knows where the landmines are and he is carefully stepping around them. His selective memory not dissimilar to Patterson herself.
 
  • #205
As one would suspect, Mandy knows where the landmines are and he is carefully stepping around them. His selective memory not dissimilar to Patterson herself.
Don't tell me he's cherry picking :rolleyes: :rolleyes: :rolleyes:
 
  • #206
Key Event
1m ago

Defence addressed how much Ms Patterson ate at lunch​


By Judd Boaz​

Mr Mandy turns to how much Erin Patterson ate at the lunch.

Ms Patterson says she only ate around one half of her portion, which Mr Mandy says is not contradicted by other witnesses.

He says it is an inexact estimation, and would be difficult to measure.

"How would you know if you ate exactly half or not?" he asks the jury.

Mr Mandy says Ms Patterson was never asked how much of the meal she ate at hospital, and says if she had, the prosecution would have used it as an example of "incriminating conduct".

"Damned if you do, damned if you don't," he says.

 
  • #207
Key Event
1m ago

Defence addressed how much Ms Patterson ate at lunch​

By Judd Boaz​

Mr Mandy turns to how much Erin Patterson ate at the lunch.

Ms Patterson says she only ate around one half of her portion, which Mr Mandy says is not contradicted by other witnesses.

He says it is an inexact estimation, and would be difficult to measure.

"How would you know if you ate exactly half or not?" he asks the jury.

Mr Mandy says Ms Patterson was never asked how much of the meal she ate at hospital, and says if she had, the prosecution would have used it as an example of "incriminating conduct".

"Damned if you do, damned if you don't," he says.

OMG Seriously, it's not hard to know how much you ate, or for others to see how much you ate!
 
  • #208

Different plate theory a 'colourful piece of evidence'​

While he said he did not want to make a pun, Mr Mandy called the evidence of the plates a “colourful piece of evidence”.
Since it made more sense to mark the unpoisoned serve than to serve it on a different plate, he said Ian “had to be wrong” about what he said about the four grey plates for the guests and a smaller, orangey-tan plate for Erin.
“It makes no sense logically,” Mr Mandy said.
“He’s honestly mistaken.”
He took the jury to Simon’s evidence that Erin did not have a “matching set of plates”, describing them as a “mismatched group”.
Mr Mandy then said Erin’s son told an investigator he helped his mum clean up the kitchen after the lunch and remembered the plates being “plain white” dinner plates.
During her evidence-in-chief, Erin told the jury she served the beef wellingtons on a “couple of black”, a “couple of white” and black/red plates.
Mr Mandy said there was likely at “least three different coloured plates” at the lunch table that day, such as two black, two white and the coloured plate.
And he said it would make “perfect sense” for the guests to take the two matching plates.

Defence address turns to the lethal lunch​

Mr Mandy has arrived to the part of his closing address centered on the lunch.
He reminded the jury of the prosecution case that there were five poisoned beef wellingtons and one unpoisoned beef wellington.
He said, if that was the case, it would be important for the cook to be able to tell the unpoisoned serve from the other serves.
Mr Mandy said the cook could “lose track” of the unpoisoned serve while it is in the oven with the others, especially with the tray coming in and out.
But he said a “logical way” of getting around that was marking the unpoisoned serve, perhaps on the pastry, to be able to recognise it.
“Easy to do,” he said.
He then continued: “In which case, you would not need different coloured plates.”

 
  • #209
I understand it's part of it that NPDs often don't get a formal diagnosis, as it is inherent that they cannot accept they would have anything "wrong". It's everything and everyone else. So it's probably very unlikely it woud ever come up in court.

It's just personally interesting to me and I have wondered what the chances are that there is anyone on the jury with longterm experience of an NPD person, and what, if any difference that might make.

Knowing about NPD in this case really does make those otherwise inexplicable pieces all "fall intoI no to place". For me at least. And I believe some others here.
RSBM
I am finally recovering from the impact of my Narcissist (my diagnosis) "friend", who returned to her home country several years ago, and with whom I eventually managed to lose touch.
Knowing her caused me to find out more about this condition. I remember learning that they seldom present to a doctor, as Lisa4 said. However they do sometimes see a doctor in later life, presenting with depression, as of course by then they have no friends at all, having alienated everyone around them.
 
  • #210
@MaxDecimus13

This is an excellent post - and I think you are coming to the dark side despite your resistance

Without a doubt, Erin is a very intelligent person. She is methodical. She is obsessive in researching and fact gathering I would even suggest she is quite OCD in this way. She would make an excellent investigator. I've said before that it's a mistake to underestimate her mental faculties like I have seen many people do. It is without doubt that someone who qualifies as an Air Traffic Controller has a high level of intelligence.

However, nobody is a purely rational actor. She is quite rigid and I can imagine that any 'spanner in the works' (such as the hospital being onto the Death Cap cause quickly) caused irrational and careless actions post-lunch. However, that doesn't explain the one thing that has always given me pause, and that is - how could someone plan to kill 4 or 5 people and expect not to have intense focus on them?

But I think this explains it; assuming Erin was driven by a revenge mindset, she could have convinced herself her story would be believed through a blend of emotional distortion and irrational self-deception. Feeling wronged due to marital tensions, losing control of Simon who she saw as her possession rather than a partner, child-support disputes, and in-law conflicts she may have convinced herself her actions were justified emotional retaliation rather than murder, fostering motivated reasoning that reframed lethal intent as a kitchen mistake . This emotional fog likely triggered tunnel vision, so she fixated on immediate details (the cooking, the lunch) and ignored systemic consequences like forensic testing or rapid police probing and data connections .

Each time she imagined her narrative, that she panicked, not plotted her brain’s dopamine-driven reward circuits reinforced that belief, making it feel rational and believable. This would be further exacerbated by the fact it was long planned and she didn't discuss it with anyone else, which leads to confirmation bias, and eroding of rationality because other peoples thoughts on it aren't being reflected back at her to tighten up her logic. Similar to what happens with conspiracy theorists in echo chambers.

Finally, she likely overestimated the power of her emotional narrative - no motive, no symptoms, expressions of shock, believing that emotional testimony would outweigh hard forensic evidence, even as investigators found toxin DNA, chemical traces, and phone data inconsistencies.

In short, maybe revenge fuelled self-deception and emotional overconfidence blinded her to the reality that the tools of modern investigation wouldn’t be swayed by personal narratives, especially when she has been so adept at manipulating people and situations with her personal emotional narratives in the past.

Edit: To add to this, she was telling her only friends and social network (the online FB group) this emotionally deceptive narrative about her awful in-laws and estranged husband, which we saw during the prosecution case invited comments and perhaps further confirmations that her feelings of wanting to "get rid of them" were valid. Innocent comments from her support group who have been deceived on the truth about her in-laws like "You need to remove these toxic people from your life" could have very much helped fuel her self-deceptions and righteousness in getting rid of them in the most literal sense, IMO.

IMO only.
Excellent post De
@MaxDecimus13

This is an excellent post - and I think you are coming to the dark side despite your resistance

Without a doubt, Erin is a very intelligent person. She is methodical. She is obsessive in researching and fact gathering I would even suggest she is quite OCD in this way. She would make an excellent investigator. I've said before that it's a mistake to underestimate her mental faculties like I have seen many people do. It is without doubt that someone who qualifies as an Air Traffic Controller has a high level of intelligence.

However, nobody is a purely rational actor. She is quite rigid and I can imagine that any 'spanner in the works' (such as the hospital being onto the Death Cap cause quickly) caused irrational and careless actions post-lunch. However, that doesn't explain the one thing that has always given me pause, and that is - how could someone plan to kill 4 or 5 people and expect not to have intense focus on them?

But I think this explains it; assuming Erin was driven by a revenge mindset, she could have convinced herself her story would be believed through a blend of emotional distortion and irrational self-deception. Feeling wronged due to marital tensions, losing control of Simon who she saw as her possession rather than a partner, child-support disputes, and in-law conflicts she may have convinced herself her actions were justified emotional retaliation rather than murder, fostering motivated reasoning that reframed lethal intent as a kitchen mistake . This emotional fog likely triggered tunnel vision, so she fixated on immediate details (the cooking, the lunch) and ignored systemic consequences like forensic testing or rapid police probing and data connections .

Each time she imagined her narrative, that she panicked, not plotted her brain’s dopamine-driven reward circuits reinforced that belief, making it feel rational and believable. This would be further exacerbated by the fact it was long planned and she didn't discuss it with anyone else, which leads to confirmation bias, and eroding of rationality because other peoples thoughts on it aren't being reflected back at her to tighten up her logic. Similar to what happens with conspiracy theorists in echo chambers.

Finally, she likely overestimated the power of her emotional narrative - no motive, no symptoms, expressions of shock, believing that emotional testimony would outweigh hard forensic evidence, even as investigators found toxin DNA, chemical traces, and phone data inconsistencies.

In short, maybe revenge fuelled self-deception and emotional overconfidence blinded her to the reality that the tools of modern investigation wouldn’t be swayed by personal narratives, especially when she has been so adept at manipulating people and situations with her personal emotional narratives in the past.

Edit: To add to this, she was telling her only friends and social network (the online FB group) this emotionally deceptive narrative about her awful in-laws and estranged husband, which we saw during the prosecution case invited comments and perhaps further confirmations that her feelings of wanting to "get rid of them" were valid. Innocent comments from her support group who have been deceived on the truth about her in-laws like "You need to remove these toxic people from your life" could have very much helped fuel her self-deceptions and righteousness in getting rid of them in the most literal sense, IMO.

IMO only.
Excellent post Detechtive.
 
  • #211
Key Event
Just now

Defence maintains that Erin Patterson was ill after lunch​

By Judd Boaz​

The defence asks the jury if it is possible that Ms Patterson ate part of the same meal and did not get as ill.

Mr Mandy says the accused must have been tasting the mushroom duxelles while cooking the beef Wellington, hours before the lunch.

He then says Ms Patterson reported feeling ill on Saturday evening, before the other lunch guests reported feeling ill.

Mr Mandy referenced Ms Patterson's claim that she threw up soon after the lunch after binge-eating an orange cake.

He tells the jury that if his client had been lying, she would have been more specific about the contents of that vomit.

 
  • #212
1m ago06.35 BST
Mandy says the evidence of Simon and Erin Patterson’s children aligns with his client’s testimony about the plates.

He says there may have been two black plates but not four grey plates.

Mandy says when Heather asked if Patterson was short of plates, Simon said she was.

Ian previously told the court that Heather and Gail took the four grey plates to the table before Patterson carried the odd-coloured plate to her seat.

Mandy says Heather and Gail are not told which plates to take to the table before lunch.

“There was no instruction,” he says

“There was no holding back one of the plates.”

Mandy says the plates were “randomly selected by the guests.”
 
  • #213
Key Event
Just now

Defence maintains that Erin Patterson was ill after lunch​

By Judd Boaz​

The defence asks the jury if it is possible that Ms Patterson ate part of the same meal and did not get as ill.

Mr Mandy says the accused must have been tasting the mushroom duxelles while cooking the beef Wellington, hours before the lunch.

He then says Ms Patterson reported feeling ill on Saturday evening, before the other lunch guests reported feeling ill.

Mr Mandy referenced Ms Patterson's claim that she threw up soon after the lunch after binge-eating an orange cake.

He tells the jury that if his client had been lying, she would have been more specific about the contents of that vomit.

Mr Mandy says the accused must have been tasting the mushroom duxelles while cooking the beef Wellington, hours before the lunch.

One should never assume Colin.
 
  • #214
I think Simon was the main hit. She was not happy that he was not attending.

But I am sure she wanted the whole lot gone, in one go, so they weren't in her and the kids' lives again

But I can't understand why she just didn't postpone the lunch, so Simon could attend as well?
The killer of Mary Yoder (also by poisoning), didn't kill Mary's son- her ex-boyfriend, she killed his mother to make him suffer- and tried to frame him for it as well.
 
Last edited:
  • #215
14:31

No evidence Patterson went to Loch looking for death caps, defence says​

Mr Mandy said there was no evidence at all Patterson saw the 'McKenzie iNaturalist' post about a death cap sighting in Loch in April 2023.
It's been a key part of the prosecution case Patterson visited Loch on April 28 after the iNaturalist post was placed online.
The prosecution said phone data records can place Patterson at Loch but Mr Mandy said the evidence on his client's phones was unclear.
Mr Mandy said death caps had been seen in the Loch area once only and Christine Mckenzie had picked them all.
'So, they must have grown back because Christine McKenzie picked them all on the 18th,' Mr Mandy said.
Mr Mandy said the evidence was Ms McKenzie picked every death cap she saw but she accepted more could grow back
'Dr Tom May wasn't asked if the death caps would grow back,' Mr Mandy said.


14:32

Doubt case over images of 'death caps'​

Mr Mandy said images found on Patterson's computer 'appeared to be death caps' but they could have been something else.
The barrister also said the jury couldn't say for sure they were death caps.
'It's hard to say,' Mr Mandy said.
'Even if they were death cap mushrooms it doesn't mean they were foraged intentionally.'

What about the phone pings?
 
  • #216
15:29

Prosecution dismissed evidence on plates, defence argues​

Mr Mandy said Patterson, Simon, her kids, her son's friend and the police search video contradicted the evidence about the plates.
He said Patterson's daughter told police they had 'black and red ones and some white ones'.
'Black on top and red on the bottom,' she told police.
Mr Mandy said the descriptions were consistent, but the prosecution said they were all wrong.
Mr Mandy said Dr Rogers (pictured) ignored Patterson's daughter's evidence on the plates and reiterated his claims Mr Wilkinson was wrong about his description of the plates.
'Nah, nah, nah, Ian's right and they're all wrong… or in Erin's case, she's lying…,' Mr Mandy said, reiterating what the prosecution had argued.
'There's no evidence of any grey plates except from what Mr Wilkinson said.'


15:31

Defence continues attacking different plate theory​

Mr Mandy said it was likely there were three different coloured plates at the lunch.
'It would make perfect sense for the guests to take the two sets of matching plates for themselves to the table,' Mr Mandy said.
He further suggested it would have been easier to identify the safe pastry by marking the pastry rather than using a different coloured plate.
Mr Mandy also reminded the jury Heather (pictured left with Ian) and Gail took two plates themselves.
'There was no holding back one of the plates … so it could be reserved for Erin,' Mr Mandy said.
He claimed Patterson took the last remaining plate after the guests had taken theirs.
Mr Mandy said Mr Wilkinson was unfamiliar with the Patterson house.
'Ian wasn't right about those plates, honestly mistaken,' he said.


15:32

Patterson was never asked at hospital how much she ate​

Mr Mandy suggested the length of the lunch meant it was 'inconsistent' his client purposely killed her guests while casting doubt on assertions how much his client actually ate.
He also said no-one contradicted Patterson's claims she didn't eat all her Wellington.
And Mr Mandy reminded the jury Patterson was never asked at Leongatha Hospital how much she had eaten.
'She was never asked that question at Leongatha and if she volunteered it, they'd say she was a liar,' Mr Mandy said.


15:38

Defence argues why Patterson 'felt sick' earlier than guests​

Mr Mandy suggested his client may have felt sick earlier than her guests because she had been sampling the mushrooms while she prepared and cooked the meal.
Mr Mandy previously told the jury what amount of Wellington the other guests ate and repeated his client's evidence she ate two-thirds of a cake after the lunch and made herself sick.
Mr Mandy suggested Patterson told the truth about vomiting up the cake.
'If she had lied, she would have mentioned throwing up the Wellington, but she didn't,' Mr Mandy said.
Mr Mandy said there was a sensible reason why Patterson got sicker earlier than the others.
'That was because she had tasted the mushrooms while preparing the lunch earlier,' Mr Mandy suggested.

 
  • #217
Mr Mandy says the accused must have been tasting the mushroom duxelles while cooking the beef Wellington, hours before the lunch.

One should never assume Colin.
Didn’t Erin say she didn’t taste the duxelles again after adding the stinky dehydrated mushrooms? Things aren’t making sense, is Mandy just throwing out everything and hoping something will stick?
 
  • #218
3.41pm

Different coloured plates just ‘colourful evidence’​

By​

In Morwell’s courtroom four, accused killer Erin Patterson’s defence lawyer Colin Mandy, SC, has turned his attention back to the day of the fatal lunch, after addressing evidence from other witnesses.

Mandy said that the prosecution’s case was that there were five poisoned parcels of beef Wellington and one non-poisonous one, but if that were the case it would be very important to make sure it was possible to tell which one of the meals in the oven was the non-poisonous one. Baptist pastor Ian Wilkinson’s evidence was that they came from a tray.

“There’s only one logical way of getting around that problem ... and that would be to mark that unpoisoned one wrapped in pastry in some way so that you could recognise it,” Mandy said. “In which case you would not need different coloured plates.“

Mandy said the evidence about the plates at the lunch was “very colourful”, but when one looked at the plates in Patterson’s house Wilkinson had to have been wrong. “It makes no sense logically that you would use that method to deliver an unpoisoned parcel. He then reminded the jury of Patterson’s ex-husband Simon’s evidence that she did not have a full set of matching plates. He also pointed the jurors to evidence from Patterson’s son and his friend who reported seeing white plates.

“There were certainly two white plates and a couple of colourful plates ... but there were no orangy-tan plates,” Mandy said, and that evidence from Simon, the two children and the search warrant video were all consistent. ”The prosecution says: ‘Nah, nah, nah, Ian’s right and they are all wrong’,” Mandy said. “In Erin’s case she is lying.”

Mandy said prosecutor Dr Nanette Rogers had concentrated on Wilkinson’s account and a passage from Patterson’s son’s evidence on the plates, and ignored evidence from Patterson’s daughter, asking the jury to rely on this “colourful piece of evidence” from Wilkinson.

Mandy said it was likely there were at least three different coloured plates at the lunch and it would make perfect sense for the guests to take the matching set for themselves to the table. He said Wilkinson had never been to Patterson’s house before, while Don and Gail had, and would have been more familiar with the crockery.

“There’s the issue of how much everyone ate. Erin said she ate about half. Varying accounts about that from her. But question is, members of the jury, is how would you know if you ate half or not,” Mandy said, suggesting one would have to measure the parcel, cut it in half and only eat one half in order to know, and that no one had contradicted Patterson’s account that she didn’t eat it all.

He said staff at Leongatha hospital did not ask her how much she had eaten and suggested that if she had volunteered that information to staff at the medical centre the prosecution would have accused her of lying.
“Damned if you do, damned if you don’t,” Mandy said.

 
  • #219
2m ago06.42 BST
Mandy says his client’s evidence that she ate about half of her beef wellington portion is not contradicted by other witnesses.

He says Patterson was never asked how much she ate when she attended hospital.

Mandy says his client has told the jury that after the lunch guests left she binge ate about two-thirds of an orange cake that Gail had bought, before vomiting. Patterson said it happened later in the afternoon.

Mandy says if Patterson was lying she would have said it happened earlier as a reason why she did not become as unwell as the others.

“Erin did get sick, later that day – obviously her symptoms were milder than others and started earlier,” he says.

Mandy says there is an explanation for this – Patterson was tasting the mushroom paste for the beef wellington while she was cooking the meal.

He points to her evidence that she added dried mushrooms to the dish because it tasted bland.

“At least a few hours before anyone else ate it, she had some,” he says.
 
  • #220
Key Event
2m ago

Lower grade illness is possible from death cap poisoning, defence says​


By Judd Boaz​

Mr Mandy raises the testimony of Victoria's chief toxicologist Dimitri Gerostamoulos, who he cross-examined earlier in the trial.

He reiterates the expert evidence that those with death cap poisoning can experience different levels of illness, including the less damaging grade one severity.

Mr Mandy tells the jury that — contrary to the prosecution's claims — a person may experience a grade one severity illness after eating the same meal as people experiencing higher grades of illness.

 
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