VERDICT WATCH Australia - 3 dead after eating wild mushrooms, Leongatha, Victoria, Aug 2023 #16 *Arrest*

[Old Soul]

The children did not experience any symptoms of death cap mushroom poisoning, the court heard, with the prosecution arguing the children would have become unwell had they eaten the leftovers.

However Justice Beale told jurors to disregard this argument.

"You have no expert evidence as to if that would be the case," he said.

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

Erin Patterson jury deliberations to begin next week, judge tells court

The judge in Erin Patterson's triple-murder trial has told jurors they will not begin deliberations until next week.

www.abc.net.au

I hope the jury do not disregard this argument

 

[Spectrix]

I wish the police found phone A. I wonder where it is?

The police should have interrogated her nonstop until she revealed where that phone is

Maybe she use it as a "cork" during the police search?

 

[imstilla.grandma]

After a four-day break, the *trial of Erin Patterson* has resumed in Morwell.

https://www.ntnews.com.au/truecrimeaustralia/the-mushroom-cook/judge-gives-crucial-timing-update-in-mushroom-trial/live-coverage/b092399761add9b8f02c222d97435df7

https://www.heraldsun.com.au/truecrimeaustralia/the-mushroom-cook/judge-gives-crucial-timing-update-in-mushroom-trial/live-coverage/b092399761add9b8f02c222d97435df7

https://www.heraldsun.com.au/truecrimeaustralia/the-mushroom-cook/your-guide-to-the-erin-patterson-mushroom-murder-trial-all-the-evidence-witnesses-timeline-details-in-one-place/news-story/4437fc4fb4b4075a23ce67f2b5995f77

 

[JBowie]

I imagine it will be the same. The 14 jurors ballot cards go into the ballot box, the admin person draws out 12 and they form the jury.

imo

I did read somewhere that in Oz the foreperson cannot be balloted-off, so I guess that position is decided at the outset..

Edit:

Juries Act 2000 (Vic) s 48(2). The Victorian Director of Public Prosecutions submitted that as the foreperson is effectively exempt from being balloted off, their name should not be included in the ballot: Submission 12 (Victorian Director of Public Prosecutions).

 

[drsleuth]

‘You would be speculating if you go down that path’: Jury instructed to ‘disregard’ key argument by the prosecution.​

Justice Beale has instructed the jury to disregard a key argument made by the prosecution team in their closing address.

The statement came as he was taking the jury through the prosecution’s arguments about Patterson’s alleged incriminating conduct in relation to the lunch leftovers.

Their arguments include the proposition that the only source of information that the children actually ate the leftovers was Patterson herself.

The prosecution also argued the children would have experienced symptoms if they ate the leftovers and that Patterson told authorities her kids consumed the food because it would make it seem the poisonings were accidental.

Justice Beale noted the defence argued there was no evidentiary basis to the claim the children would have become sick from the leftovers.

Justice Beale said Rogers “overstated” the evidence that the amatoxins penetrated the meat and the jury should disregard that statement.

Justice Beale said no expert was asked whether if the mushroom paste and pastry had been scraped off the meat, if the children would have experienced symptoms.

“You have no expert evidence to whether that would be the case,” Justice Beale said.

“So I direct you to disregard that argument.

“You would be speculating if you go down that path.”

Alleged incriminating conduct - ‘reluctance’ to have the children treated​

Justice Beale has taken the jury to the prosecution’s allegation that Patterson was reluctant to have her children treated.

He referred to testimony provided by medical staff, who said the mother-of-two showed reluctance to have her children brought to hospital for assessment.

Justice Beale noted Patterson gave testimony that she had lost faith in the medical system due to previous negative experiences.

Patterson said she was stressed, confused, and trying to wrap her head around the situation when medical staff were advising her to have her children assessed.

She said she did not think there was a real risk her children could die, as expressed to her by medical staff, and that although she was reluctant at first, she accepted her children should be taken to hospital.

Justice Beale also noted arguments by the defence that nurse Kylie Ashton was mistaken about when she learnt about the children consuming the leftovers.

Ashton said Patterson told her that detail during her first visit to the hospital, but the defence argue she did not tell them until the second visit.

Alleged incriminating conduct - ‘reluctance’ for Patterson to receive treatment for herself​

Justice Beale has taken the jury through the prosecution’s allegation that Patterson engaged in incriminating conduct by showing reluctance to receive medical treatment.

Justice Beale referred to testimony from nurse Cindy Munro who said Patterson was reluctant to receive treatment.

Munro said Patterson said she “didn’t want any of this” (in relation to the treatments being provided) and did not want to be given IV fluid.

Munro said Patterson’s reluctance led her to go speak to a colleague, who went and spoke to Patterson to explain the importance of the medication.

During her testimony, Patterson said she did not say any of those things to Munro and that she accepted she needed treatment, which is why she had gone to the hospital.

Justice Beale said senior prosecutor Dr Nanette Rogers, in her closing address, said it was inexplicable that Patterson would not want treatment if she was actually sick.

Justice Beale noted defence barrister Colin Mandy, in his closing address, called the prosecution’s argument “contradictory” because if Patterson was trying to pretend to be sick, she would have requested the doctors give her treatment.

Alleged incriminating conduct - the disposal of the food dehydrator​

Justice Beale has taken the jury to the prosecution’s allegation Patterson engaged in incriminating conduct by disposing of the food dehydrator.

Justice Beale took the jury back to evidence provided by Koonwarra Transfer Station manager Darren Canty, who described how evidence was collected relating to Patterson visiting the tip.

The court was reminded toxicologist Dimitri Gerostamoulos and plant virologist Dr David Lovelock gave evidence that traces of death cap mushrooms were found in the food dehydrator.

Justice Beale said Patterson gave testimony that Simon said to her, in relation to the dehydrator, “is that what you used to poison my parents”.

Patterson said it was then she started to suspect that mushrooms she foraged were in the meal and she dumped it in a “panic” as she was “scared” she would be blamed for making her guests ill and authorities would remove her children.

Justice Beale noted the prosecution argued “panic” did not explain Patterson’s efforts to get rid of the dehydrator and her actions would not have been discovered if detectives had not found the tip transaction in her bank records.

He said the defence argued if Patterson was trying to get rid of her dehydrator to conceal a crime that she would have done it sooner.

Alleged incriminating conduct - Patterson’s phone and lies in her police interview​

Justice Beale has referred the jury to evidence regarding Patterson’s phone and lies in her police interview.

He recalled evidence from the child protection worker, who said Patterson had told her in the days after the lunch that she feared for her privacy and was planning on changing her phone number.

Justice Beale noted evidence in relation to the factory resets on phone B, which included two that occurred while her phone was in police custody.

The court also previously heard that Patterson told detectives her number ended in 835, but further checks revealed she had another number and the 835 card had only recently been activated.

Justice Beale then referred to photos from the police search which showed items sitting on a shelf in Patterson’s home, which the defence suggested were phones that police failed to seize.

Detective Leading Senior Constable Stephen Eppingstall told the court he did not believe the items were phones because, if they were, they would have been seized by police.

Justice Beale said Patterson gave evidence that she was changing her phone because she didn’t want Simon to be able to contact her and that she carried out three of the four factory resets.

The court previously heard Patterson had another phone, phone A, which was connected on 12 February 2023, but never recovered by police.

Police told the court Patterson also mentioned a Nokia phone in her interview with detectives, but the device was not seized.

The prosecution argued Patterson concealed phone A and factory reset phone B because she did not want detectives viewing the contents of her devices.

Justice Beale noted the defence argued police failed to seize her devices and Patterson carried out the factory resets because she “panicked”.

Court wraps up for the day​

Court has finished for the day.

Follow along tomorrow for more updates.

Judge delivers final speech to jury in Erin Patterson mushroom trial

The mother-of-two is on trial, accused of killing her three in-laws with poisonous death cap mushrooms.

7news.com.au

 

[drsleuth]

13:17

Jury reminded of Patterson's evidence about what she fed her kids​

Justice Beale has returned to Patterson's (legal team pictured) evidence about what she fed her kids after the lunch.
Patterson gave evidence she didn't want to cook anything on Sunday night so she fed the kids leftovers.
The prosecution suggested to Patterson she didn't feed the meat from the beef Wellingtons to her children.
The prosecution also suggested Patterson disposed of the meat from the Wellingtons after her guests left on July 29 and before she went to went Leongatha Hospital on July 31.
The jury heard the prosecution also suggested Patterson removed the meat from the pastry.
Patterson agreed and said the meat went 'into my children's stomachs'.
The jury heard Patterson remembered saying the kids ate leftovers but didn't remember saying the children ate leftovers from the lunch.
The trial is on a break and will resume at 2.15pm.


14:30

Prosecution's reason why Patterson allegedly lied about leftovers​

The prosecution submitted the only source of evidence the children ate the leftovers with pastry and mushroom mix scraped off only came from Patterson herself, the jury was told.
Justice Beale said Patterson's behaviour at hospital meant her leftovers claim was a 'lie'.
'Why would she feed kids leftovers from the lunch, the prosecutor asked rhetorically,' Justice Beale said.
'No reason to doubt that the kids ate steak, mash and beans on Sunday night.'
The prosecution submitted it wasn't the same beef consumed by Patterson's lunch guests.
Justice Beale said the prosecution argued the kids should have been sick too if they had really eaten the leftovers.
The prosecution submitted it helps Patterson's story that the death caps accidentally made it into the lunch if people knew her children ate leftovers from that meal.


14:37

Judge directs jury to disregard key prosecution argument​

Justice Beale has directed the jury to dismiss a key prosecution (Dr Rogers pictured right) argument that if the children had eaten the scraped-off meat from the lunch they would've experienced symptoms.
'You have no expert evidence as to whether that would be the case, and so I direct you to disregard that argument,' Justice Beale said.
'You would be speculating if you would go down that path.'
Justice Beale previously said experts couldn't say for certain that the toxins would have entered the meat and the mushroom paste had been unable to be separated from the sample.
Forensic experts said while death caps were found, it could only be said it was in the sample alone.
The defence submitted the leftovers in the bin could've been cross-contaminated from seeping juices.


14:46

Jury hears about calls made to Patterson after lunch​

Justice Beale has again reminded the jury about phone calls made to Patterson after the lunch.
The jury was reminded about the warnings Patterson received from medical staff about the need to have the children brought in.
Patterson was 'emotional and worried' about her children being 'stressed', a nurse claimed.
Justice Beale said Patterson told a doctor she didn't want to 'worry' her children before agreeing to have them taken to hospital.


14:59

Patterson claimed she was told 'bizarre' claim kids might die​

Patterson, in her evidence, said no one at Leongatha Hospital said anything to her about her children during her first visit on July 31.
The jury heard Patterson said she became 'upset' after speaking to Dr Webster (left) on her second visit.
Patterson agreed that Dr Webster gave evidence that he stressed the importance of getting the children to a medical facility for assessment.
The jury heard Dr Webster warned Patterson her children could be 'scared and alive, or dead'.
'I guess he made clear that my children's lives might be at risk, but I was trying to make sense of what was going on,' Justice Beale said Patterson had said.
'She told you that she thought it was a bizarre thing, "he was yelling at me", she since discovered that's his "inside voice".'
Patterson told the jury she thought it was 'bizarre' and didn't understand how her kids might be at risk.
'She told the jury she was stressed at hospital,' Justice Beale said.


15:09

Prosecution said Patterson would've 'moved mountains' to get kids to hospital​

Justice Beale said Crown prosecutor Dr Nanette Rogers SC emphasised Patterson's behaviour and said the jury should reject her claims about why she behaved the way she did at hospital.
Dr Rogers suggested Patterson should have 'moved mountains' to get the kids to hospital as soon as possible.
The prosecution submitted Patterson was reluctant to have her children treated because she knew the 'doting mother' knew they hadn't consumed death cap mushrooms.
Justice Beale said lead defence barrister Colin Mandy SC (pictured) said there was no evidence his client was told to bring her kids in on the first visit and Patterson made the arrangements to get her kids to hospital the moment she realised the seriousness of the situation on her second visit to the hospital.
Mr Mandy said it didn't take 'hours' for his client to take action on her children like the prosecution had suggested.


15:13

Prosecution theory about why Patterson refused treatment at hospital​

Justice Beale has now taken the jury to the topic of the reluctance of Patterson to accept treatment at hospital which the prosecution alleged was incriminating conduct.
The jury heard again how Patterson, who was described as 'teary' and kept saying 'I don't want this', initially refused treatment while at hospital.
Medical staff were eventually able to put Patterson on fluids and administer other drugs as doctors and nurses feared she would suffer like her lunch guests.
Patterson denied she had been argumentative with hospital staff about being treated, the jury was told.
Justice Beale said the prosecution claimed Patterson refused treatment because she knew she hadn't consumed the poison.


15:26

Patterson judge wakes up jury with coffee gag​

Justice Beale has commenced the afternoon session with a gag about how much coffee the jury has had to consume while sitting and listening to his instructions which are now deep into the third day.
The judge then got straight back at it, reminding the jury how Patterson claimed her kids didn't like to eat mushrooms.
Patterson had claimed her daughter had eaten mushrooms she'd hidden in her food, the jury told.


15:35

Patterson dumped the dehydrator because she was 'scared'​

The jury heard Patterson's fingerprints had been found on the dehydrator recovered from the local tip.
Justice Beale reminded the jury traces of death caps were later found within the dehydrator.
The jury heard expert witness Dr Lovelock tested the material found in the dehydrator and determined death caps had been in it.
Patterson claimed she dumped the dehydrator because child welfare were on her way to her home and she was scared people would blame her for the fate of her lunch guests.
'She was scared they would blame her for making everyone sick,' Justice Beale said.
'She didn't tell anyone that she'd come to the realisation that death cap mushrooms might have been in the meal, or that mushrooms she foraged might be in the meal.
'She thought there might be evidence of foraged mushrooms in the dehydrator.'
The prosecution suggested Patterson dumping the dehydrator amounted to alleged incriminating conduct.


15:47

Jury hears theories about dehydrator 'murder weapon'​

Justice Beale has laid out the prosecution and defence's explanations regarding Patterson's dehydrator and who she told about it.
'If not for careful analysis of bank records by detective [Senior Constable Meg] Crawford, no one would have known about the dehydrator,' Justice Beale said the prosecution submitted.
The prosecution also suggested 'panic does not explain the extensive and prolonged cover up of which this was about'.
The defence argued Patterson 'hadn't disposed of the dehydrator when she had dehydrated the mushrooms', the jury heard.
'Instead, she broadcast the fact that she had a dehydrator to her Facebook friends,' Justice Beale said the defence suggested.
'It wasn't just in any old Facebook group… she's posting pictures of the 'murder' weapon and the 'murder' method on social media to a true crime group [according to the prosecution case],' Mr Mandy (pictured right) said.
'On the prosecution's case, she purchases the dehydrator to dehydrate death cap mushrooms, planning a murder, she would have disposed of the dehydrator [when she dried the death caps].'
Justice Beale repeated the defence's suggestion Patterson panicked because 'people would wrongly think that she poisoned them'.


15:56

Questions over Patterson's phones​

Justice Beale is now addressing the topics the prosecution alleged were incriminating conduct relating to the various devices and sim cards police seized or knew Patterson to have used or owned.
The jury has been told many times Patterson owned two Samsung A23 phones known as Phone A and Phone B.
Justice Beale has reminded the jury Phone A was never recovered but Phone B was handed to police after the search at her Leongatha home on August 5.
Justice Beale said Phone B, which prosecutors claimed was a 'dummy phone', had no data to be extracted.
On August 5, Phone B was in police custody at Homicide Squad HQ on Spencer Street in Melbourne when it was remotely factory reset.
The jury was told Phone B was not put in flight mode while in police custody.
Justice Beale further reminded the jury about allegations Phone A had been missed by police during their initial search.
It was a claim police denied.
The jury heard Phone A had been Patterson's main phone up until just before the search of her home.
The jury was taken to CCTV footage of Patterson at hospital, which the prosecution claims shows her with Phone A in a pink case.
The phone Patterson handed over to police appeared to be in a different coloured case.
Justice Beale also referenced Patterson had a Nokia which was also never recovered.
That phone was later termed Phone C.


16:12

Patterson's claims about Phone B​

Patterson claimed she told child services officer Katrina Cripps (pictured) on August 4 she wanted to change her phone number because she was worried about Simon.
Patterson said Phone B had been her phone until her son damaged his phone so she gave him Phone B and she got a new one.
Patterson claimed she left Phone B on the ottoman at her home because her son dropped it in mud while on a school camp several weeks earlier.
Patterson gave evidence she started using Phone B again in May 2023 after deciding her new phone 'wasn't cutting it'.
Justice Beale said Patterson admitted factory resetting Phone B three times.
The jury was told Patterson claimed she knew Phone B contained photos of mushrooms and the dehydrator and so she 'panicked'.
Patterson also claimed she wanted to check if police were 'silly' enough to leave Phone B on the network while it sat in their locker so she wanted to see if the device would remote reset 'and it did'.
'She wondered if police were silly enough to leave it connected to the internet,' Justice Beale said.
'So she hit the factory reset to see what happened, and it did [reset remotely].'


16:34

Defence claims Patterson would've thrown out Phone A 'long ago' if guilty​

Patterson claimed, when police searched her home for a second time on November 2, she possibly dumped Phone A during a clean-up earlier in 2023.
Patterson maintained Phone A had been inside her home during the initial police search and police missed it in 'plain view'.
Dr Rogers (pictured) said Phone A had been in use up to and during the August 5 police search.
The prosecution suggested Patterson wanted to conceal the contents of Phone A which they argued was her 'usual phone'.
Dr Rogers said the jury can infer Phone A connected to base stations at Outtrim and Loch and suggested Patterson used the device to photograph death cap mushrooms.
The defence responded by asking why would Patterson go to all the trouble to conceal Phone A if she was a 'murderer'.
The jury heard the defence suggested if Patterson was a killer she would've reset the phone or gotten rid of it earlier.
'The defence said, "look, why would she go to all the trouble on the third of August?"' Justice Beale said, repeating what Mr Mandy had told the jury.
'She didn't know the search was going to come on the fifth of August, if she was a murderer who wanted to conceal the contents of Phone A why wouldn't she just do a factory reset on Phone A, get rid of Phone A?
'She'd been planning a murder since the 28th of April, which is the prosecution's case, Phone A would have been long gone.'
Justice Beale said the defence suggested the prosecution 'concocted convoluted theories and explanations for evidence that doesn't exist'.
The trial has concluded for the day and Daily Mail Australia's live coverage will resume at 8am local time on Friday June 27.

Erin Patterson mushroom murder trial LIVE updates

Follow Daily Mail Australia's live coverage of accused mushroom chef Erin Patterson's murder trial here.

www.dailymail.co.uk

 

[Observe_dont_Absorb]

I wish the police found phone A. I wonder where it is?

The police should have interrogated her nonstop until she revealed where that phone is

Where is Phone A

Also why haven't they made a 'thing' of the plates?

To my mind, EP (if guilty) carefully took those plates, cutlery, water glasses, napkins, etc, that the four victims had used or so much as touched and put them straight into a large container, maybe a really useful plastic box with a lid or a waste bin with a lid in her butler's pantry. She would have refused offers of help. We just know those women would have been fussing and saying let us help you clear, old skool. We know for a fact she refused to allow them to view her butler's pantry room.

We have the living victim testimony. Where are the plates that were used to serve BW?

We have the son's testimony. The small white plates, used for cake and fruit no doubt.
What happened in between? How much of EP's crockery is missing?
Why was she not directly asked about each surviving plate in her home - is this the one you ate off? this? this? this?

I'll bet there are four dinner plates and one orange plate missing. And four sets of knives, forks, water glasses, missing. Her children would know roughly what's what. Also did she not have a cleaner? They would know.

I make a lot of these plates but they were effectively the vehicle of the murder weapon and IMO am astounded there hasn't been several days worth of mention in court.

JMO MOO

 

[Observe_dont_Absorb]

Judge Beale sure is dragging this process out, IMO.

Justice Beale seems to have forgotten he is not the defence lawyer. What gives?

JB might want to consider how many more people will die if EP is let loose. JMO

 

[drsleuth]

Key Event
4h ago

Prosecution suggests children weren't fed leftovers​

By Mikaela Ortolan​

Justice Beale takes the jury to Erin Patterson's evidence on the leftovers.

The accused previously said she didn't want to cook anything on the Sunday night after the lunch so she gave her children leftovers.

She told the jury she had one full beef Wellington left over as well as what she didn't eat of her own portion.

The accused previously gave evidence that she scraped the mushrooms off the meat before serving it to her children along with mashed potatoes and beans. She said she might have had a bowl of cereal herself.

The prosecution pointed out that Ms Patterson was aware that Gail and Don Patterson were unwell at about 2:30pm on the Sunday and suggested that Ms Patterson "certainly did not feed [the leftovers] to your children".

The accused disagreed with this statement.

Justice Beale highlights that in her evidence, Ms Patterson said she didn't remember saying they were the "lunch" leftovers to her children but she agreed she told them they were leftovers.

Key Event
3h ago

The jury is back​

By Mikaela Ortolan​

The jury has returned to the courtroom.

Before the break, Justice Beale was summarising evidence from Erin Patterson that she fed her children leftovers from the fatal lunch.

In cross-examination, the prosecution put to Ms Patterson that she never fed her children the leftovers. Ms Patterson disagreed.

Justice Beale flags a couple of issues with some of the arguments made by the prosecution and says he'll come back to those issues.

Key Event
3h ago

Prosecution says children were not sick​

By Mikaela Ortolan​

The judge is spending a little more time on the question of leftovers before turning to the next alleged instance of incriminating conduct.

We've previously heard that Erin Patterson knew some of her guests had become unwell by the Sunday evening after the lunch.

Justice Beale reminds the jury that during the trial, the prosecution rehtorically asked, "Why would she feed the kids leftovers if she thought this was the case?".

He highlights evidence in the trial that the children were completely symptom-free, and points to other evidence that if the children had eaten the leftover meat, they would have experienced at least some symptoms.

The prosecution argued that "people would more readily believe that this was a shocking accident" if Ms Patterson gave her children the same meal.

Key Event
3h ago

Jury told to disregard suggestion children would be sick from leftovers​

By Mikaela Ortolan​

Justice Beale tells the jury to disregard the argument that toxins would have penetrated the leftover meat Erin Patterson says she fed her children.

The prosecution suggested the children would have become unwell if they ate the leftovers, but the judge says no expert was asked whether they would still experience symptoms if the mushroom paste and pastry had been scraped off the leftover meat.

"You have no expert evidence as to if that would be the case, so I direct you to disregard that evidence," he says.

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

Key Event
2h ago

Turning now to the children's medical treatment​

By Mikaela Ortolan​

The judge turns his focus to another alleged incriminating act: Erin Patterson's reluctance to get medical treatment for her children.

Justice Beale returns to evdience given by Kylie Ashton, a nurse at Leongatha hospital, who told the trial about a conversation she had with Ms Patterson.

The nurse said she told Ms Patterson that scraping the mushroom paste off the leftovers she fed to her children would not guarantee they wouldn't get sick.

The judge says another health worker stressed the urgency with which Ms Patterson should take the children to hopsital for assessment.

The judge mentions how Ms Patterson asked one of the doctors if a blood test could tell whether or not the children were sick.

He says Ms Patterson said she initially didn't want to worry the children, but eventually agreed to bring them to hospital.

2h ago

More detail on the children's treatment​

By Mikaela Ortolan​

We hear how Erin Patterson lacked trust in the healthcare system due to past experiences including the birth of one of her children.

Justice Beale then points out that Ms Patterson said she felt puzzled because she could not see how death cap mushrooms may have ended up in the meal.

He tells the jury that Ms Patterson gave evidence that she wanted to collect her children from their school herself.

She said when a doctor at the hospital told her that death cap mushroom toxins may have gotten into the leftover meat, she understood the reason her children needed to be assessed, the judge adds.

Justice Beale highlights how Ms Patterson did not take immediate action to contact the school and didn't speak to Simon Patterson until about 11:30am.

She admitted she was initially reluctant to have the children assessed and she did not think there was a real risk that the children might die.

2h ago

Prosecution argued Erin Patterson knew her children did not consume death caps​

By Mikaela Ortolan​

Recapping the arguments on this point from each side now, Justice Beale says the prosecution told the jury they should reject Ms Patterson's suggestion that she was only "initially" reluctant to seek help for her children because she wanted to better understand what was going on.

The judge points to Ms Patterson's evidence that she didn't want to stress the children, which the prosecution said was "an extraordinary attitude”.

The prosecution argued "the only reasonable explanation for this reluctance is that the accused, who you heard is a doting mother, knew they had not eaten death cap mushrooms," the judge says.

The prosecution told the jury a parent would get their children to hospital "as quickly as possible" if they thought they had consumed deadly mushrooms.


2h ago

Defence argued timeline doesn't add up​

By Mikaela Ortolan​

Recapping the defence position on this topic, the judge says Erin Patterson's lawyers said the prosecution argument relies heavily on the evidence of nurse Kylie Ashton.

The defence said Ms Ashton was mistaken about when she received the information about the children eating the leftovers, Justice Beale says.

The defence argued the nurse learned about the leftover meal much later than she said in her evidence.

Key Event
2h ago

Ms Patterson's reluctance to receive treatment​

By Mikaela Ortolan​

We then move on to the next topic of incriminating conduct which is on Ms Patterson's alleged reluctance to receive medical treatment for herself.

The jury is reminded of evidence given by nurse Cindy Munro who said Ms Patterson said she didn't want any IV fluids, medication or intervention.

Ms Patterson later gave evidence that she didn't say any of those things because the whole point of being in hospital was to receive treatment.

The prosecution argues the evidence of Ms Munro should be accepted and that Ms Patterson was resistant to treatment.

Dr Nanette Rogers SC questioned why Ms Patterson would be so reluctant to receive treatment if she ate the same meal as her guests.

The defence argued that she was sick but she was anxious about being in hospital.

Defence lawyer Colin Mandy SC argued that if Ms Patterson was pretending to be sick, like the prosecution suggested, she would have told hospital staff to "hook me up" and provide medical intervention.

2h ago

A few more topics to cover​

By Mikaela Ortolan​

The jury returns after a short break and Justice Beale indicates there are a few more alleged instances of incriminating conduct to revisit.

These are:

• The disposal of the dehydrator
• Erin Patterson's conduct regarding the phones
• Her alleged lies about being unwell

He then moves on to evidence Simon Patterson gave about mushrooms that Ms Patterson said she dehydrated and put into muffins that were to their daughter.

In that evidence, Mr Patterson said he wasn't aware that Ms Patterson owned a dehydrator.

Key Event
2h ago

The disposal of the dehydrator​

By Mikaela Ortolan​

We turn now to CCTV footage from the Koonwarra waste station showing a woman arriving in a car and disposing of items.

There is no dispute that the woman is Erin Patterson.

An employee then observed a dehydrator in one of the bins, which was later recovered by police.

The jury heard evidence that Ms Patterson's fingerprints were found on the dehydrator.

The judge then reminds the jury of evidence that "alpha" and "beta amanita" were detected samples collected from the dehydrator. These are toxins linked to death cap mushrooms.

2h ago

More on the disposal of the dehydrator​

By Mikaela Ortolan​

The jury is directed to evidence Erin Patterson gave about the disposal of the dehydrator.

We start with the discussion between Simon and Erin Patterson about dehydrating mushrooms.

Ms Patterson later told the court that Mr Patterson asked her if that was how she poisoned his parents, which the accused said made her scared and worried.

The accused took the dehydrator to the tip about three days after the lunch.

She gave evidence that she dumped the item because child protection officers were attending her house that afternoon and she was worried they would remove custody of her children if they thought she was responsible for her relatives' sickness.

Justice Beale points to four calculated deceptions or cover-ups argued by the prosecution, including the disposal of the dehydrator.

The prosecution argued if it were not for careful investigation of bank records, no-one would have known about the dehydrator.

On the other hand, the defence argued that Ms Patterson publicised the fact that she owned a dehydrator to her Facebook friends, and disposed of it in panic afer the conversation with Mr Patterson.

Mr Patterson denied asking Ms Patterson the question about using the device to poison his parents.

1h ago

Erin Patterson and Phone B​

By Mikaela Ortolan​

The focus turns to a phone known to the trial as Phone B.

The jury is reminded of evidence about a police search of Ms Patterson's home, after which she gave a mobile phone to police.

Ms Patterson had been allowed to use her phone unobserved during part of the search, the judge reminds the jury.

Justice Beale talks about a factory reset of the phone that took place either during the search, when it was in Ms Patterson's possession, or after it was seized by police, depending on conflicting time zones.

1h ago

Erin Patterson's various devices​

By Mikaela Ortolan​

Justice Beale is now discussing phone identification codes that indicate a SIM card changed from one device into another.

The SIM in question was at some stage put into Phone B, the device Ms Patterson handed to police that had several factory resets.

There is another phone, Phone A, which was connected on February 12, 2023.

Police later searched Ms Patterson's home for Phone A but it was never located.

Officers said Ms Patterson also mentioned a Nokia phone in a police interview which was also not seized.

1h ago

Back to phone records​

By Mikaela Ortolan​

Justice Beale spends some time on mobile phone records that the jury has already seen.

Members of the jury are directed to some photographs from the searches of Ms Patterson's home, showing items in various places.

He says it's a matter for the jury to decide whether some of these items show a phone or something else.

1h ago

The factory resets on Phone B​

By Mikaela Ortolan​

Justice Beale moves on to factory resets Erin Patterson agreed she carried out on Phone B. She said one was done by her son.

She told the jury one of the factory resets was to get her son's data off the phone.

Ms Patterson has previously said she reset the phone again because she knew there were photos of mushrooms and the dehydrator on it. Her defence team said she panicked and didn't want investigators to see them.

After the police search, Ms Patterson said she carried out another factory reset because she wondered if police had been silly enough to leave it connected after it was seized.

1h ago

A little on Phone A​

By Mikaela Ortolan​

Erin Patterson gave evidence that she didn't know where Phone A was when police conducted a search of her home.

She told the jury Phone A went into a skip bin, which is something she occasionally did.

She also mentioned feeling puzzled when she noticed Phone A hadn't been seized during the police search of her home.

1h ago

The prosecution argued Erin Patterson wanted to conceal Phone A​

By Mikaela Ortolan​

Justice Beale says that the prosecution argued a phone number ending in 783 was Ms Patterson's regular mobile number.

The prosecution highlighted phone records showing the accused used it to visit various websites and it was listed on her hospital admission documents.

Justice Beale reminds the jury of the prosecution argument that there are four phones linked to Ms Patterson, only one of which was seized by police.

Prosecutor Nanette Rogers SC said Ms Patterson used Phone A in hospital on July 31 and in August to contact Simon Patterson.

Dr Rogers called on the jury to reject the accused's suggestion that she changed phones.

Justice Beale highlights evidence that Phone A was still in use up until the police search on August 5, saying the prosecution argued it was being handled during the search without investigators' knowledge before losing connection. They say it later reconnected to a Nokia device.

The prosecution has called Phone B a "dummy phone".

It argues Ms Patterson wanted to conceal Phone A. It also says police found nothing on Phone B because of the factory resets.

Phone B was linked to a number ending in 835 which was connected on 11 July 2023 and, other than three calls, it was used just for data, the prosecution said.

1h ago

What the defence argued in relation to the phones​

By Mikaela Ortolan​

Meanwhile, Justice Beale reminds the jury, the defence questioned why would Erin Patterson would go to all that trouble.

Defence lawyer Colin Mandy SC said if his client was a murderer who wanted to conceal all the evidence, why didn't she just do a factory reset of Phone A?

He argued that Ms Patterson did not know police were going to search her home on August 5, and that the phone would have been "long gone" if the prosecution's case was accurate.

58m ago

Court adjourns for the day​

By Mikaela Ortolan​

Justice Beale tells the jury he has one more topic to cover in relation to alleged incriminating conduct.

He says when the jury returns tomorrow, he'll address Erin Patterson's alleged lies about being unwell.

The jury is then sent out and court is adjourned until tomorrow.

Judge continues instructions for jury in Erin Patterson triple-murder trial — as it happened

The judge in Erin Patterson's triple-murder trial is continuing to deliver his final instructions to the jury. Ms Patterson is accused of deliberately poisoning her relatives by serving them a meal containing death cap mushrooms. Follow the proceedings as it happened.

www.abc.net.au

 

[Scuffy35]

I wish the prosecution called a rebuttal expert about this! And also about whether vomiting the meal hours post-lunch would have affected the toxicity if Erin had consumed the Death Caps!

When I mentioned this some time ago, was it you, or maybe someone else said that the judge may not have allowed for rebuttal evidence?

If it was due to the fact that the prosecution did not ask to present rebuttal evidence, then I think it is a colossal mistake that hey have made, and compounds the mistake of not having an expert testify on these in the standard part of the trial where the prosecution presents its case.

If the prosecution loses this case, I think it will be due to not having expert witness to testify on these two aspects. of DC poisoning. Those being that there would be dangerous contamination from the mushroom duxelles into the meat and whether vomiting has any impact on the health outcome if poisoned.

IMO

 

[drsleuth]

3h ago00.33 EDT
Jury heard ‘no expert evidence’ on leftovers with mushrooms scraped off

The prosecution argued if Patterson’s children ate leftover meat they would have experienced some symptoms, the court hears. Beale says no expert testified about whether the children would become ill if they ate meat with the mushrooms and pastry scrapped off.

He says:

You have no expert evidence as to whether that be the case.


You would be speculating if you went down that path.

3h ago15.03 AEST
Court hear about Patterson’s reluctance to have her children medically assessed

Beale turns to the next incriminating conduct that the prosecution has alleged –Patterson’s reluctance to have her children medically tested.

Simon testified that both children had past unpleasant experiences at hospitals. Dr Chris Webster said he told Patterson, who said she was concerned her children would be frightened if tested, they could be “scared and alive or dead.”

Dr Veronica Foote said while assessing Patterson at Leongatha hospital she was told the children had eaten beef wellington leftovers, with the mushrooms and pastry scraped off.

Foote recalled imploring her to not drive to collect her children, warning she could become very unwell.

Patterson said she asked Dr Foote why medical staff assumed it was death cap mushroom poisoning. Foote said she could not provide more information due to privacy, Patterson said.

Patterson said she did not think it was a real risk that her children might die from the leftovers despite the warning from Dr Chris Webster.

The prosecution argued Patterson was reluctant to have her children medically tested despite medical staff warning her of a lethal risk. The prosecution said the jury should reject Patterson’s testimony that she was only reluctant at first as she wanted to understand the medical concerns.

The defence argued Patterson made arrangements for her children to be brought to hospital to be assessed when the seriousness of it was explained to her.

Patterson’s defence lawyer, Colin Mandy SC, said this was not hours of delay.

3h ago06.14 BST
The next alleged incriminating conduct the prosecution has alleged is Patterson’s reluctance to have herself medically tested at hospital.

Leongatha hospital nurse Cindy Munro testified that while assessing Patterson on 31 July 2023 she said multiple times she didn’t want any medical interventions, including IV fluids and a cannula. When Foote arrived, she convinced her to be treated with IV fluids.

Patterson was commenced on NAC - a liver function medication - shortly after midday, the court hears.

Patterson testified that she was reluctant to receive treatment during her first presentation at the hospital, where she discharged herself within minutes of arriving, but not the second.

Patterson rejected Munro’s evidence that she told her she didn’t want to be cannulated, Beale says.

He reminds them of Patterson’s testimony:

The whole point of being in hospital was to get treatment.

The prosecution said Patterson was reluctant because she knew she was not suffering death cap mushroom poisoning, Beale says.

The defence said the evidence that Patterson was initially reluctant to receive treatment was contradictory to a person faking an illness.

2h ago06.36 BST

Judge outlines evidence relating to dumped dehydrator​

Beale turns to the disposal of the dehydrator which the prosecution has argued is incriminating conduct.

Simon said Patterson told him while at Monash hospital on 1 August 2023 that she had done a blind taste test with their daughter using dehydrated mushrooms, Beale says.

Simon said he did not know Patterson owned a dehydrator before this conversation.

Patterson said during this conversation Simon asked if she used the dehydrator to poison his parents at the lunch. During cross-examination, Simon rejected this.

Dr Dimitri Gerostamoulos, chief toxicologist at the Victorian Institute of Forensic Medicine, said death cap mushroom toxins were detected in samples collected from the dehydrator, the court hears.

Patterson said she dumped the dehydrator on 2 August 2023 because child protection were visiting that day and she feared she would be blamed and have her children removed.

Prosecutor Nanette Rogers SC said the alleged sustained cover-up by Patterson included the disposal of the dehydrator. Patterson dumped the appliance within a few months of purchasing it and the only reasonable explanation of this was incriminating conduct, the prosecution argued.

Patterson’s defence lawyer, Colin Mandy SC, argued his client did not dispose of the dehydrator when she first dehydrated mushrooms. Instead, she broadcasted this to her Facebook friends whom she met in a true crime group. Mandy said Patterson dumped the dehydrator after the lunch because she thought people would wrongly think she deliberately poisoned the lunch guests.

1h ago07.26 BST
Beale turns to the next alleged incriminating conduct – lies in Patterson’s formal police interview about her usual mobile phone number.

Police never located one of Patterson’s mobiles – dubbed Phone A– when they searched her Leongatha home on 5 August 2023, a week after the lunch, the court hears. Police said Patterson also mentioned a Nokia phone which was not seized.

Patterson’s defence lawyer, Colin Mandy SC, said police did not seize all the technological devices that were visible at Patterson’s house during the search. Mandy pointed to an image taken during the search, showing an item in a black case, and suggested it was Phone A.

During cross-examination, Det Leading Sen Const Stephen Eppingstall, the informant or officer in charge of the investigation, said this was a matter for the jury.

1h ago07.26 BST
The prosecution argued evidence showed a mobile number ending in “783” was Patterson’s normal phone number. Rogers said there were four phones Patterson used in the case.

Rogers said Phone A which Patterson began using in February 2023 was her usual mobile. She said Patterson’s Phone B - which she handed to police - was a dummy phone. Phone B had four factory resets performed on it during 2023, the court heard.

The prosecution argued Patterson did this because she wanted to conceal the contents of her usual phone. The prosecution argued Phone A was the mobile Patterson used to take photos of death cap mushrooms.

The defence said Patterson did not know police would search her house on 5 August 2023 and it would have been easier to perform a factory reset if she needed to conceal evidence. The prosecution relied on convoluted arguments but Patterson’s account was the “simplest” and “fitted the evidence the best”, Beale says.

1h ago07.32 BST
The court has adjourned for the day.

Beale will continue instructing the jury from 10.30am tomorrow. We’ll bring you live updates then.

1h ago07.36 BST

Summary​

Here’s a recap of what the jury heard today:

1. Justice Christopher Beale said jurors would begin deliberating after he concludes his instructions to them on Monday. He said he expected he would finish before lunchtime.

2. The jury heard no evidence about whether Patterson’s children would become ill if they ate the leftover meat from the beef wellingtons with the mushrooms and pastry scraped off, Beale said. He told the jury to disregard the prosecution’s argument that if the children ate the leftover meat they would have also experienced symptoms. “You would be speculating if you went down that path,” he said.

3. Beale said the jury should also set aside the prosecution’s argument that death cap mushroom toxins must have penetrated the meat used in the beef wellingtons.

Erin Patterson mushroom trial day 38 – as it happened

This blog is now closed

www.theguardian.com

 

[drsleuth]

1:33 PM
Jun 26, 2025

The topic of leftovers
Justice Beale has started summarising the evidence relating to Erin allegedly lying about feeding her children the leftovers of the beef wellington with the mushrooms and pastry scraped off.
He took the jury to the evidence of Erin’s estranged husband Simon Patterson and her two children, as well as the evidence of the accused.
Erin testified that she scraped off the mushrooms and pastry from the sixth beef wellington she had prepared and served the meat with mashed potato and beans to her children for dinner on July 30.
She also said the leftovers found in her outside bin comprised the scraped off mushrooms and pastry, as well as the remainder of her beef wellington from the lunch.
Justice Beale said he would summarise the prosecution and defence arguments on the leftovers after the lunch break.

2:42 PM
Jun 26, 2025

Jury told to disregard some Crown arguments
The lunch break is over and Justice Beale has returned to summarising the prosecution and defence arguments.
He said the prosecution argued that considering the children did not experience any symptoms, her story about feeding them the leftovers must be a lie to “cover her tracks”.
But Justice Beale told the jury no expert witness was asked whether they would have expected the children to have experienced some symptoms of death cap mushroom poisoning after eating the meat with the mushrooms and pastry scraped off.
“You have no expert evidence as to whether that would be the case,” he said.
He added: “You would be speculating if you were to go down that path.”
Justice Beale also told the jury the prosecution had “overstated” the evidence by suggesting that death cap toxins would have penetrated the meat, instructing them to “disregard that argument”.
But he added that the prosecution had also questioned why Erin would feed the leftovers to her “beloved children” when there was evidence to suggest she knew by that stage on July 30 that Don and Gail were unwell.
Justice Beale said the defence argued that it did not make sense that Erin would scrape the mushrooms and pastry off the sixth beef wellington for any other reason.
“The simple explanation is that … she fed the meat to her children,” he said.

3:16 PM
Jun 26, 2025

'Wasn't hours of delay' for medical examination
Justice Beale has started summarising the evidence relating to Erin allegedly refusing to obtain treatment for her children.
He took the jury to the evidence of witnesses from Leongatha Hospital, including doctor Veronica Foote and nurse Kylie Ashton, and once again the evidence of the accused.
He said the prosecution argued that she was reluctant to have her children assessed because she knew they had not consumed death caps.
But he said the defence argued that Ms Ashton’s evidence – that she found out her children had consumed the leftovers when Erin first presented to hospital – was inconsistent with the evidence of her colleagues.
Justice Beale told the jury the defence said the evidence suggested that Erin told staff at Leongatha Hospital she had fed her children the leftovers when she re-presented to hospital.
“So there wasn’t hours of delay as suggested by the prosecution,” he said.
He added that the defence argued that when Dr Foote explained to Erin that death cap toxins could have penetrated the meat, she made arrangements for her children to be brought to hospital.
Justice Beale also summarised the evidence and the arguments relating to Erin allegedly refusing to accept treatment during this second presentation for herself.

3:38 PM
Jun 26, 2025

The dumping of the dehydrator
Justice Beale has moved on to summarise the evidence relating to Erin discarding her dehydrator at the tip.
He reminded the jury that Erin testified that she panicked after she said Simon accused her of poisoning his parents with the dehydrator.
He said she told the jury she was scared she would be “blamed” for “making everyone sick”.
Justice Beale brought the jury back to the “four deceptions” alleged by the prosecution in its closing address, including the “sustained cover-up”, which involved dumping the dehydrator.
He said the prosecution argued that panic did not explain the “extensive and prolonged cover-up” she embarked on, adding that if it was not for careful police work, the dehydrator would have never been found.
Justice Beale said the defence argued that if Erin was planning a murder, she would have disposed of the dehydrator “much earlier”.
He added that the defence also argued she would not have posted photos of the “murder weapon and murder method” to a Facebook group chat.

4:43 PM
Jun 26, 2025

The Game of Phones
Justice Beale has turned to the evidence relating to Erin resetting Phone B multiple times; providing police Phone B, instead of Phone A; and lying about her phone number ending in 835 during her record of interview.
He reminded the jury that the prosecution allege Erin concealed Phone A, her usual phone, from police during a search of her house and instead handed over Phone B, a “dummy phone”, which she factory reset multiple times.
He said the prosecution argued that Erin concealed Phone A because it would have “implicated” her in the deliberate poisoning of her guests.
On the other hand, he said the defence argued that Erin would not “go to the trouble” of setting up Phone B as a “dummy phone” when she could have factory reset Phone A and discarded it straight after the lunch.
Justice Beale added that Erin testified that Phone A was not seized during the search and was left on a window sill, untouched by police.
She also testified that she set up Phone B because Phone A was damaged and she wanted to change phone numbers after Simon accused her of poisoning his parents.
Justice Beale said the defence argued that the prosecution was coming up with “convoluted theories” for why there was an absence of evidence and that the explanations provided by Erin were the most reasonable.
He told the jury he will summarise the remainder of the alleged incriminating conduct tomorrow.

https://www.heraldsun.com.au/truecrimeaustralia/the-mushroom-cook/judge-gives-crucial-timing-update-in-mushroom-trial/live-coverage/b092399761add9b8f02c222d97435df7#/entry/32427256

 

[JBowie]

Justice Beale seems to have forgotten he is not the defence lawyer. What gives?

JB might want to consider how many more people will die if EP is let loose. JMO

As I opined at the outset, this is a tech-heavy trial and my concern has been that the jurors could be bamboozled by it.

However, I did not expect the judge to methodically dismiss a lot of it. His instruction that it was up to the jurors to either “accept or reject” expert evidence, saying they did not need to accept it more than they would other evidence simply because it was provided by an expert, is bizarre IMO.

Under what circumstances would a juror feel capable of rejecting the evidence of an expert witness, such as a doctor? Nuts!

 

[Scooby-Doo]

Where is Phone A

Also why haven't they made a 'thing' of the plates?

To my mind, EP (if guilty) carefully took those plates, cutlery, water glasses, napkins, etc, that the four victims had used or so much as touched and put them straight into a large container, maybe a really useful plastic box with a lid or a waste bin with a lid in her butler's pantry. She would have refused offers of help. We just know those women would have been fussing and saying let us help you clear, old skool. We know for a fact she refused to allow them to view her butler's pantry room.

We have the living victim testimony. Where are the plates that were used to serve BW?

We have the son's testimony. The small white plates, used for cake and fruit no doubt.
What happened in between? How much of EP's crockery is missing?
Why was she not directly asked about each surviving plate in her home - is this the one you ate off? this? this? this?

I'll bet there are four dinner plates and one orange plate missing. And four sets of knives, forks, water glasses, missing. Her children would know roughly what's what. Also did she not have a cleaner? They would know.

I make a lot of these plates but they were effectively the vehicle of the murder weapon and IMO am astounded there hasn't been several days worth of mention in court.

JMO MOO

Exactly, and was her blender forensically examined?

Nothing much has been mentioned about the blender and the blades, which can harvest tiny bits of food when the blades are removed

 

[Sarahlou]

Justice Beale seems to have forgotten he is not the defence lawyer. What gives?

JB might want to consider how many more people will die if EP is let loose. JMO

It sure feels like he's on her payroll. (I know he's not, obviously, but it's very odd.)

 

[drsleuth]

1.29pm

Judge addresses dried mushroom arguments​

By​

Justice Christopher Beale has begun his charge regarding the second piece of alleged incriminating conduct: the dried mushrooms that accused killer Erin Patterson says she bought from an Asian grocery store in Melbourne and used in the beef Wellington.

Beale summarised the prosecution’s arguments on this topic:

• The prosecution said medical staff were desperate to know the source of the mushrooms so they could properly treat the sick lunch guests, but Patterson was not forthcoming with that information – including to the Department of Health.
• The prosecution alleges that on July 31, 2023, Leongatha Hospital doctor Chris Webster asked Patterson where the mushrooms came from, but the accused maintains he asked her where the meal ingredients came from – not the mushrooms specifically – and that’s why she told him Woolworths only.
• The prosecution alleges Patterson also gave differing accounts of the suburb where the store may have been located to various people between July 31 and August 3, 2023. She allegedly told Matthew Patterson, the brother of her estranged husband, that they were from a shop in Oakleigh; Dr Connor McDermott that they were from Glen Waverley; and Health Department official Sally Ann Atkinson that they were from Mount Waverley.
• The prosecution pointed out that Patterson once worked for Monash City Council (which includes those suburbs) and lived in Oakleigh East, before later buying a home in Mount Waverley, so it was “difficult to see how she could not recall the store”.
• The prosecution alleges Patterson sat on her hands and was slow to respond to questions. She appeared to have a remarkable memory about certain days in 2023, but not the shop, which “beggars belief”.
• Beale said the prosecution argued that “the story about the Asian grocer just couldn’t be true”.

Mushroom Investigation​

City of Monash environmental health safety officer Troy Schonknecht visited 14 stores on August 2 and August 2023

The judge then summarised the defence’s arguments on this topic:

• The defence alleged the prosecution cherry-picked its evidence and ignored nuances of human behaviour.
• The defence maintained Patterson was consistent about the source of the mushrooms, and that she had many conversations with many people – and when people tell stories multiple times, there will be variations. “People have imperfect, mistaken memories,” defence barrister Colin Mandy, SC, said during the trial.
• The defence said there was evidence that their client bought a dehydrator for a long-term project, not to kill her lunch guests, and that the prosecution failed to investigate Asian groceries in Glen Waverley.

3.21pm

Warning against ‘speculating’ over kids’ alleged dinner of beef Wellington leftovers​

By​

Justice Christopher Beale moves on to his charge relating to the third piece of alleged incriminating conduct: the prosecution’s claim that accused mushroom cook Erin Patterson lied when she said she’d served beef Wellington leftovers to her children the evening after the poisonous lunch.

Beale noted that during Patterson’s evidence, she told the jury she didn’t want to cook on the Sunday evening, so she scraped the pastry and mushroom paste off the meat in the beef Wellington leftovers, and gave her two children the reheated steak, mashed potatoes and green beans for dinner.

Beale said Patterson agreed, while under cross-examination, that she knew from about 2.30pm on Sunday that Saturday lunch guests Don and Gail Patterson were unwell.

“I suggest that you certainly did not feed that steak to your children, but we’ve been over that, and you no doubt disagree with me,” Crown prosecutor Nanette Rogers said during the trial.

“Correct,” Patterson replied at the time.

Beale said the prosecution argued that people would more readily believe this was all a shocking accident if Patterson had given the same food to her beloved children.

How the fatal mushroom lunch saga unfolded​

• June 24, 2023​

  Marta Pascual Juanola
  Erin Patterson has her in-laws, Gail and Don Patterson over for lunch. No one falls ill.

• July 16, 2023​

  Erin extends another lunch invitation to the Pattersons and local pastor Ian Wilkinson and his wife Heather, saying she needs their advice about some medical issues.

• July 28, 2023​

  Simon Patterson texts his former wife to say he won't be coming to lunch because he is uncomfortable attending.

• July 29, 2023​

  Jason South
  Erin serves a beef Wellington lunch to the Pattersons and the Wilkinsons. The four guests fall ill with vomiting and diahorrea.

• July 30, 2023​

  All four guests are hospitalised.

• July 30-31, 2023​

  The four are transferred to hospital in Melbourne and doctors diagnose them with death cap mushroom poisoning.

• July 31, 2023​

  Jason South
  Erin goes to hospital in Leongatha reporting that she also ate the beef Wellington and was unwell. She discharges herself without treatment and doctors call police. Police go to her home looking for her, retrieving leftovers of the beef Wellington while they are there. Erin returns to hospital. She tells medical staff the fresh mushrooms in the beef Wellington were bought at a supermarket in Leongatha while the dried mushrooms came from a grocer in Oakleigh.

• August 4, 2023​

  Gail Patterson and Heather Wilkinson die in hospital in Melbourne.

• August 5, 2023​

  Don Patterson dies in hospital.

• September 19. 2023​

  Jason South
  Ian Wilkinson is released from hospital after seven weeks of treatment, most of which he spent in a coma.

• November 2, 2023​

  Joe Armao
  Erin is arrested by police at her Leongatha home.

• November 3, 2023​

  Erin faces court for the first time charged with three counts of murder and one of attempted murder over the fatal lunch.

• May 7, 2024​

  Erin elects to have her case fast-tracked to the Supreme Court and enters not guilty pleas to all charges.

• April 29. 2025​

  Paul Tyquin
  Jury is selected to hear Erin's trial over six weeks in Morwell.
• 
  
  
  “There is no other reasonable explanation for why she could tell such a lie about something as important as the health of her children. This was a lie to help cover her tracks,” Rogers said during the trial.
  
  The prosecution also argued that scientific evidence indicated the toxins would have penetrated the leftover meat and could not have been entirely separated, but the defence argued there was no evidence to back up this claim.
  
  Beale told the jury to disregard the question of evidence with regards to toxins and leftovers, saying that no expert had been asked if the children would have experienced some symptoms if the mushroom paste and pastry had been scraped off the meat.
  
  “You have no expert evidence as to whether that would be the case. So I instruct you to disregard that argument,” Beale said.
  
  “You would be speculating if you would go down that path.”
  
  
  
  
  3.40pm
  

  Patterson’s alleged reluctance to have children assessed​

  By​

  Justice Christopher Beale has moved on to another point of alleged incriminating conduct: accused mushroom cook Erin Patterson’s alleged reluctance to have her children medically assessed.
  
  Beale said the prosecution’s case is that witnesses stressed the importance of getting the children to a medical facility, with Leongatha Hospital doctor Chris Webster telling Patterson the children could be “alive and scared, or dead”.
  
  The judge said Patterson gave evidence that her daughter’s health issues as a baby left her mistrustful of the health system. She agreed that Webster said there was a concern she’d been exposed to death cap mushrooms, but maintains she was confused and felt puzzled by this, especially when she was told she needed to go to a Melbourne hospital.
  
  
  “I was trying to make sense of what was going on … he was yelling at me … I have since learned that was his inside voice,” the accused told the jury earlier in the trial. “Yes, initially, I was reluctant to have the children medically assessed, but before too long, I was willing.”
  
  Beale said the prosecution’s argument was that Patterson was reluctant to have her children medically assessed because she knew they had never been exposed to death cap mushrooms.
  
  “If your children had come within cooee of a poisoned meal, you move mountains to get them to hospital as quickly as possible,” Crown prosecutor Nanette Rogers, SC, said during the trial.
  
  Beale said the defence said the jury needed to look at all the evidence, and not just the bits the prosecution had invited them to consider.
  
  
  
  3.51pm
  

  Accused said she was reluctant to be treated on first presentation, but not second​

  By​

  Justice Christopher Beale has moved on to another point of alleged incriminating conduct: accused mushroom cook Erin Patterson’s alleged reluctance to receive medical treatment herself upon first presenting at Leongatha Hospital.
  
  The court heard she first arrived about 8.05am on July 31, 2023, then left a few minutes later, after telling staff she wasn’t adequately prepared to be admitted to hospital at that time.
  
  Beale reminds the jury that Patterson gave evidence that she returned at 9.48am that day, ready to be admitted, with her phone, toothbrush and toothpaste packed. Patterson said she was reluctant to be treated on her first presentation, but not on her second.
  
  The prosecution says witness Cindy Munro, a nurse, was truthful when she said that Patterson did not want interventions, including IV fluids, when she attempted to cannulate her.
  
  The defence argued this did not make sense and that their client willingly returned for treatment and was both sick and anxious about being in hospital.
  
  
  
  4.13pm
  

  The disposal of the dehydrator​

  By​

  Justice Christopher Beale has moved on to another point of alleged incriminating conduct: the disposal of the dehydrator by accused mushroom cook Erin Patterson.
  
  Patterson told the jury she disposed of the dehydrator because she was scared people would think she was intentionally responsible for the deaths of her lunch guests, and feared her children would be taken away.
  
  She said after being released from hospital, she dropped her kids off at the bus stop on August 1, 2023, before returning home to get the dehydrator and dump it at the local tip.
  
  Beale noted that Simon Patterson, Erin’s estranged husband, told the jury he’d never known her to own a dehydrator.
  
  Once the dehydrator was seized, testing found traces of death cap mushrooms, Beale said.
  
  The judge said the prosecution argued that dumping the dehydrator was one of the accused woman’s four deceptions, part of a sustained cover-up of her alleged crimes.
  
  The defence argued this made no sense as their client did not dispose of the dehydrator when she dehydrated the mushrooms – instead, she broadcast the fact that she had one to her Facebook friends.
  
  Defence barrister Colin Mandy, SC, said that according to the prosecution’s theory, if true, this meant the accused killer posted the method of her crime and murder weapon to her online friends – who were not just any Facebook friends, but part of a true crime group.
  
  “She panicked,” Mandy said during the trial, regarding the disposal of the dehydrator.
  
  
  
  
  4.55pm
  

  Patterson’s phones and alleged lies during her police interview​

  The final incriminating conduct topic Beale covered on Thursday was Erin Patterson’s alleged conduct regarding her phones and her alleged lies to police in her record of interview.
  
  Beale took the jury through the evidence from child protection worker Katrina Cripps who recalled the accused telling her on August 4, 2023, that she intended to change her phone because she was worried about her security and privacy after Simon Patterson allegedly accused her of killing his parents, something he denies saying to her at Monash Medical Centre.
  
  After police seized items from her home on August 5, 2023, Erin Patterson handed over what the prosecution allege was a “dummy phone” known as phone B instead of her usual phone.
  
  The prosecution says her usual phone, phone A, has never been found. The accused told the jury she threw that phone in a skip bin during a house clean in September 2023.
  
  Patterson told the jury she panicked and reset phone B because she knew there were pictures of mushrooms in her dehydrator on it and she did not want police to see them.
  
  She said she gave police phone B, and not phone A, because that was the phone she was holding when police searched her home.
  
  Beale said the prosecution allege Erin Patterson wanted to conceal the contents of her phone, as they may implicate her in a deliberate poisoning, and couldn’t truthfully claim phone B was her usual phone, with evidence she again began using phone A after the police raid.
  
  Crown prosecutor Nanette Rogers, SC, had also told the jury, Beale said, that the prosecution believed there may have been evidence of visits to known death cap mushroom growing areas of Loch and Outtrim in April and May 2023.
  
  The defence has argued that it made no sense for their client to go to all this trouble and if she wanted to conceal a murder, why not simply factory reset phone A.
  
  Defence barrister Colin Mandy, SC, labelled the prosecution case in this regard as “convoluted”, with no evidence the accused accessed the iNaturalist website on her phone. But there was evidence police missed devices during their search of the Leongatha home, he said.“They said the stupidest thing [she did] was factory reset phone B,” Beale said
  
  
  The judge said he would cover the final incriminating conduct topic on Friday.
  
  “The overarching one: lying about being unwell and faking death cap mushroom poisoning. That’s what we’ll get stuck into tomorrow,” Beale said.
  
  This concludes our coverage of court proceedings for the day.
  
  The trial continues.
  The judge said he would cover the final incriminating conduct topic on Friday.
  
  “The overarching one: lying about being unwell and faking death cap mushroom poisoning. That’s what we’ll get stuck into tomorrow,” Beale said.
  
  This concludes our coverage of court proceedings for the day.
  
  The trial continues.
  
  
  

  Erin Patterson murder trial day 40 LIVE: Jury begins its deliberations after judge finishes instructions; verdict must be unanimous

  The jury in the trial of Erin Patterson, accused of murdering three people with a poisonous mushroom meal, is now deliberating its verdict.

  www.theage.com.au
  
  

 

[Observe_dont_Absorb]

Exactly, and was her blender forensically examined?

Nothing much has been mentioned about the blender and the blades, which can harvest tiny bits of food when the blades are removed

Maybe the prosecution is (painfully) aware that EP successfully disposed of every kitchen implement that went near a DC mushroom. Maybe they hunted high and low and couldn't get a hook on it. Strange, so what did she do with it all? I don't know the geography of her area but maybe she tipped it in a ravine or the bottom of the deepest lake or dismantled it all and smashed things to smithereens and dispersed them?

I suppose if she did stuff like that, it doesn't serve them well to say we found zero DC residue on any tupperware, mortar, pestle, knife, fork, plate, napkin, table cloth, tumbler, blender, chopping board, etc. But those children, or Simon, or any house guest, must have surely noticed EP madly cleaned the kitchen and some stuff seems to be gone?

EP was not seemingly the tidiest and cleanest person in the world and they should surely have noticed a marked difference in her behaviour.

Why is there not more testimony from the children? Are they exempted from giving evidence maybe?

JMO MOO

 

[drsleuth]

Apologies for all the LONG posts!!!

 

[Observe_dont_Absorb]

Apologies for all the LONG posts!!!

Thanks for posting it all. You're documenting history for us!

 

[Scuffy35]

Where is Phone A

Also why haven't they made a 'thing' of the plates?

To my mind, EP (if guilty) carefully took those plates, cutlery, water glasses, napkins, etc, that the four victims had used or so much as touched and put them straight into a large container, maybe a really useful plastic box with a lid or a waste bin with a lid in her butler's pantry. She would have refused offers of help. We just know those women would have been fussing and saying let us help you clear, old skool. We know for a fact she refused to allow them to view her butler's pantry room.

We have the living victim testimony. Where are the plates that were used to serve BW?

We have the son's testimony. The small white plates, used for cake and fruit no doubt.
What happened in between? How much of EP's crockery is missing?
Why was she not directly asked about each surviving plate in her home - is this the one you ate off? this? this? this?

I'll bet there are four dinner plates and one orange plate missing. And four sets of knives, forks, water glasses, missing. Her children would know roughly what's what. Also did she not have a cleaner? They would know.

I make a lot of these plates but they were effectively the vehicle of the murder weapon and IMO am astounded there hasn't been several days worth of mention in court.

JMO MOO

My thoughts exactly. Also It doesn't seem that the police really knew what needed to be searched for and properly catalogued / collected during the house search. Same with the blender that Scooby-Doo just mentioned. IMO