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

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  • #201
2m ago12.20 AEST
Beale turns to Patterson’s evidence about the dried mushrooms.

He says Patterson said she realised on 2 August 2023 that she may have put foraged mushrooms in a Tupperware container including store-bought mushrooms that she used in the beef wellington.

Beale says Patterson said she did not lie in her police interview when she told investigators she purchased dried mushrooms from an Asian grocer in Oakleigh in April 2023 and used these in the beef wellington.

While testifying, Patterson agreed she did not mention to Dr Chris Webster from Leongatha hospital she used dried mushrooms from an Asian grocer, the court hears.

 
  • #202
12:10

Patterson's 'confusion' when doctor told her death caps may have been in the lunch​

Justice Beale has now turned to the evidence of Patterson.
Justice Beale said Patterson claimed she bought the dried mushrooms in April but she thought they didn't smell right and put them in a container which remained in her pantry at her Gibson St home.
Justice Beale said Patterson dehydrated mushrooms in May 2023 and placed them in a container that had other mushrooms in it.
On July 31, when Patterson arrived at hospital, she claimed the doctors had been expecting her.
The jury heard Patterson believed Dr Chris Webster (pictured) asked her where the ingredients for the lunch came from and she said 'Woolies'.
Patterson gave evidence she 'expressed confusion' that death caps could have been in the lunch when informed by Dr Webster.
Patterson also confirmed she told her brother-in-law Matthew Patterson the mushrooms came from Woolies and an Asian grocer.

2m ago12.20 AEST
Beale turns to Patterson’s evidence about the dried mushrooms.

He says Patterson said she realised on 2 August 2023 that she may have put foraged mushrooms in a Tupperware container including store-bought mushrooms that she used in the beef wellington.

Beale says Patterson said she did not lie in her police interview when she told investigators she purchased dried mushrooms from an Asian grocer in Oakleigh in April 2023 and used these in the beef wellington.

While testifying, Patterson agreed she did not mention to Dr Chris Webster from Leongatha hospital she used dried mushrooms from an Asian grocer, the court hears.

So she was told by Dr Webster that they were concerned about death cap poisoning on the 31st , but took her until the 2nd August to realise that she may have used death cap mushrooms!

So what happened between the 31st July & 2nd August :


This is from a rough Timeline I did

July 31st 2023 Monday

Doctors at Leongatha and Dandenong Hospital confer about the poisonings. Don, Gail, Heather and Ian are transferred to the Austin Hospital in Melbourne.

Erin drops her children to school, then texts Simon and asks him to take her to hospital, but he tells her to get there herself.

Erin presents to Leongatha Hospital around 8am, but allegedly declines a full examination and checks herself out. Erin returns to the hospital around 9:48am. She is transferred to Monash Medical Centre, and meets Simon and her children there.

Don and Gail arrive at Austin Hospital.

Ms Cripps from the Department of Health was first contacted after receiving reports the 2 children were in hospital

August 1st 2023 Tuesday

Heather and Ian arrive at Austin Hospital.

Despite escalating medical treatment, Donald, Gail and Heather continue to deteriorate.

Erin is assessed by a doctor at Monash, who says she appears clinically well and all her vital signs are within normal limits. She is discharged from hospital about 1pm.

The Department of Health interviews Erin about the lunch. She says she bought dried mushrooms from an Asian grocer in Melbourne's south-east.

Erin interviewed at the hospital with both kids by Ms Cripps for the first time in the afternoon Evidence of Ms Cripps 15/5/25

Erin discharged from hospital

August 2nd 2023 Wednesday

Erin allegedly conducts a factory reset on Phone B, which she had been using before February 12.

Erin in her red MG SUV, registration number 1XZ-40Z, about 11.30am on August 2, 2023 arrived at Koonwarra tip

Monash Council begins visiting Asian-style grocery stores in Melbourne's south-east to find products matching Erin's description.

On August 2, Ms Cripps says she spoke with Sally-Anne Atkinson, a Department of Health official, she was having difficulty getting hold of Erin . Said she had a pre-arranged appoint with Erin & would get her to call . Saw Erin at her home ( no kids ) in the afternoon.

Ms Cripps said she spoke with a public health officer at about 11.13am on August 2, 2023.

Erin did not answer when asked by Ms Cripps if she picked the mushrooms
 
  • #203
12:23

Patterson wanted to be 'truthful and accurate' about mushroom source​

Patterson agreed she never mentioned dried mushrooms to Dr Webster but she did mention them when phoned by Matthew Patterson later.
The jury heard Patterson said she knew it was important to be 'truthful and accurate' because she knew Don's health was at stake
Justice Beale said Patterson gave evidence she later provided more information on the mushrooms to other doctors.
Patterson also agreed she told paramedics she spoke of the dried mushrooms but couldn't remember where she'd got them.
The jury heard Patterson agreed she told several others she believed she bought the mushrooms from an Asian grocer.
Patterson claimed on August 1, while at the Monash Medical Centre, she mentioned to Ms Cripps several locations where she may have purchased the dried mushrooms.
Justice Beale also said Patterson accepted the mushroom source was a 'public emergency' while the jury was reminded about the various different locations Patterson told different people.

 
  • #204
6m ago

Erin Patterson's evidence on the dried mushrooms​


By Mikaela Ortolan​

The judge is continuing to focus on the dried mushrooms, revisiting an earlier stage when the accused did not believe death cap mushrooms were in the meal.

Ms Patterson gave evidence that she did not lie in a police interview about purchasing mushrooms from an Asian grocer and using them in the beef Wellington.

Then we turn to Ms Patterson's accounts of various conversations she had with people about where she purchased the dried mushrooms.

She previously disagreed with some recollections of what she told them about where the dried mushrooms came from.

 
  • #205
33m ago12.01 AEST
Judge outlines evidence from child protection worker and virologist

Beale
says child protection worker Katrina Cripps testified that she first spoke to Patterson on 1 August 2023.

Cripps said Patterson told her she bought fresh mushrooms from Woolworths and dried mushrooms from an Asian grocer in Oakleigh or Clayton. When asked on 2 August 2023 if she had picked the mushrooms used in the beef wellington meal, Patterson was looking at her phone and did not reply, Cripps said.

Beale reminds the jury of evidence from Dr David Lovelolock, a virologist at Agriculture Victoria in August 2023 who analysed leftovers of the beef wellington meal.

Lovelock said death cap mushrooms were found in two out of seven test tube samples containing substance from a dehydrator dumped by Patterson in the days after the mushroom lunch.

15m ago12.20 AEST
Patterson did not lie to police about buying dried mushrooms from Asian grocer, judge says

Beale
turns to Patterson’s evidence about the dried mushrooms.

He says Patterson said she realised on 2 August 2023 that she may have put foraged mushrooms in a plastic container including store-bought mushrooms that she had used in the beef wellington.

Beale says Patterson said she did not lie in her police interview when she told investigators she purchased dried mushrooms from an Asian grocer in Oakleigh in April 2023 and used these in the beef wellington.

While testifying, Patterson agreed she did not mention to Dr Chris Webster from Leongatha hospital she used dried mushrooms from an Asian grocer, the court hears.

 
  • #206
12:35

Patterson's admissions on mushrooms pointed out to jury​

Justice Beale is again going through all the evidence Patterson gave about her mushrooms.
The jury heard Patterson mentioned she felt the mushrooms she bought smelt 'strong' rather than 'funny' as had been suggested by others.
Patterson also claimed she believed she dehydrated the already dried mushrooms to 'crisp them up'.
She again claimed she likely paid cash for the dried mushrooms.
Justice Beale said Patterson agreed she gave descriptions of the packaging but couldn't provide details on the actual shop to health authorities.
Patterson also agreed she put those mushrooms in a Tupperware container.

 
  • #207
2m ago

Prosecution argues Asian grocer was a lie​


By Mikaela Ortolan​

Justice Beale is now summarising the prosecutions argument in regards to the dried mushrooms.

It argues Ms Patterson was not forthcoming about the store where she purchased the dried mushrooms and continued to change the possible location of the store she bought them at.

The prosecution said Ms Patterson appeared to have a "remarkable" memory when it came to other details in the trial but couldn't recall the shop or even the suburb the dried mushrooms were purchased at.

It said her stories about packaging became more elaborate, initially saying she didn't have the mushroom packaging, then saying she put the mushrooms into a container, and eventually gave details about the packaging including that it had a hand written name.

The prosecution argued it was "strange" that Ms Patterson could form a detailed account of the packaging but could not remember the store name.

"The story about the Asian grocery just couldn't be true," Justice Beale tells the jury the prosecution said.

He also highlighted evidence before the jury that death cap mushrooms do not grow in China and no one else got sick in the community.

 
  • #208
12:39

Prosecution rubbished Asian store story​

Justice Beale has told the jury about the prosecution's submissions on Patterson's claim she couldn't remember where the Asian store was.
The prosecution highlighted Patterson lived in the Mount Waverley/Monash area for several years and the fact she couldn't remember the name of the store 'beggars belief'.
Justice Beale also said Patterson was accused of giving conflicting descriptions of the packaging.
The jury heard the prosecution argued it was 'odd' Patterson 'seemed to have a decent memory of the packing but little idea where the shop was'.
Justice Beale said prosecutors claimed Patterson had not tried to assist Ms Atkinson.
He added prosecutors claimed the Asian grocer story 'just simply wasn't true' and highlighted evidence from fungi expert Dr Tom May (pictured) who said death cap mushrooms weren't found in China.
The jury heard prosecutors also questioned why Patterson would have dehydrated already dried mushrooms, branding the claim a 'ridiculous lie'.

 
  • #209
now12.45 AEST
Patterson said she told Dr Conor McDermott that dried mushrooms may have been purchased from an Asian grocer in Oakleigh or Glen Waverley, the court hears.

McDermott testified that Patterson only mentioned Oakleigh.

The prosecution argued Patterson’s story about the source of the dried mushrooms kept changing and she was not forthcoming with the Department of Health, Beale says. The prosecution argued Patterson “sat on her hands” and was slow to respond to the department, the court hears.

The defence said Patterson spoke to 21 people in a 24-hour period after the lunch and delays could impact recollection of events, the court hears. The defence said Patterson never said she was certain about the location of the Asian grocer. No investigation of Asian grocers in Glen Waverley was conducted despite Patterson mentioning this suburb, the court has heard.

 
  • #210
She said she rehydrated the dried mushrooms, chopped them up then added them to the supermarket mushrooms for the beef Wellington dish months later.
This will be a sticking point IMO - no chopped up mushrooms other than button mushrooms were found by the experts in the duxelles
 
  • #211
2m ago

Defence argued Erin Patterson was never certain of store location​

By Mikaela Ortolan​

Justice Beale then recaps the defence argument in relation to the dried mushrooms.

Defence lawyer Colin Mandy SC argued the prosecution "cherry picked" evidence about the issue.

He argued Ms Patterson was consistent in the evidence she gave and that she was never certain of the suburb where she claimed to have bought the mushrooms.

He said she had many conversations with many people — about 21 over a 24-hour period — and some variations could be put down to imperfect memories or mistaken recollections.

The defence also pointed out the presence of a second kind of mushroom that weren't death cap mushrooms, which was supported evidence from Dr Lovelock, the plant virologist.

We take a quick five minute break.
 
  • #212

Alleged lie about feeding lunch leftovers to the kids​

Justice Beale has now taken the jury through the prosecution’s allegation that Patterson lied about feeding leftovers from the lunch to her two children the next day.

Justice Beale recapped testimony from Simon Patterson, in which he described how Patterson called him to ask if he could bring the children to the hospital because they had eaten the lunch leftovers.

Simon previously told the court he asked the children during the car ride what they had eaten, and his daughter said meat, beans and potatoes.

Justice Beale recalled the children’s testimony to detectives in which they described the leftovers and how much they ate.

He also noted the evidence provided by various medical professionals who spoke to Patterson about her children eating the leftovers.

 
  • #213
12:54

Jury reminded of defence case​

Justice Beale said the defence argued the prosecution had 'ignored the nuances of human behaviour'.
The jury heard the defence claimed Patterson had numerous conversations with various people in quick succession and sometimes the answers differed.
The defence also claimed people 'didn't have perfect memories' and 'details can be forgotten'.
'Memory is not an audio recording,' Justice Beale said
The defence claimed Patterson was not immune from such issues but the accused killer's description of the packaging had been 'consistent'.
Justice Beale said the defence claimed Ms Atkinson had been confused about where Patterson told her she had possibly purchased the mushrooms.
The defence also claimed Patterson's purchase of the dehydrator was 'part of a long term project she had planned'.
The defence also highlighted shops in Glen Waverley had not been investigated despite claims Patterson had mentioned that area as a possible source.

 
  • #214
2 minutes ago

The topic of the Asian grocers
Justice Beale has turned to the arguments relating to Erin allegedly lying about using dried mushrooms from an Asian grocer.
He said the prosecution argued that Erin’s story about the Asian grocer “kept changing” and became “more elaborate” because the suburbs she was providing to the doctors and health officials were not consistent.
He added that the prosecution alleges she “sat on her hands” and was slow to respond to the questions by the Department of Health.
He also referred the jury to the prosecution argument that it “beggars belief” that Erin was able to recall dates, evidence and details easily during her evidence, but could not remember the exact location of the grocer.
But Justice Beale said the defence argued that Erin was largely consistent when she answered questions about where she had purchased the mushrooms and that the prosecution had “ignored the nuances of human behaviour”.
He also said the Department of Health did not investigate Asian grocers in Glen Waverley despite Erin mentioning the suburb, which could explain why health officials were unable to find dried mushrooms on store shelves matching Erin’s description.

 
  • #215
11:54

Patterson didn't answer health department foraging question​

Justice Beale is telling the jury about Patterson's meeting with child welfare officer Katrina Cripps (pictured) at her Leongatha home on August 2.
Ms Cripps gave evidence she overheard a phone conversation between Patterson and Ms Atkinson which took place while she was present.
The jury heard Ms Cripps said she heard Patterson say she planned to use the dried mushrooms in a carbonara but they had a 'very strong smell', so she put them into the Tupperware container.
Ms Cripps also overheard Patterson say she put the dried mushrooms in the beef Wellingtons because 'they wouldn't be the primary flavour'.
Justice Beale also said Patterson did not answer a question about if the mushrooms were foraged.
Ms Cripps said Patterson had been 'looking at her phone and simply didn't answer' when Ms Atkinson asked the foraging question.
"Ms Cripps said Patterson had been 'looking at her phone and simply didn't answer' when Ms Atkinson asked the foraging question."

I do wish Ms Cripps had repeated that question. Seems like a crucial one. Why did she just allow Erin to stare at her phone and ignore the question?

I'd think a CPS worker would be good at asking hard questions.
 
  • #216
12:59

Questions over Patterson's kids eating leftovers​

Justice Beale has moved to a new topic of allegations Patterson fed leftovers from the lunch to her children.
Simon Patterson gave evidence his wife rang him and told him the kids ate the leftovers and they needed to go to the hospital.
Patterson wanted to go and pick them up but she had to remain at hospital.
Simon told Patterson 'I'm glad you're feeling well enough to pick up the kids' before collecting the children himself.
The jury heard Simon asked what they had eaten for dinner and was told they had steak, mash and beans.
Simon said Patterson had told the children it was the leftovers.
Justice Beale said Patterson's son described the steak as 'some of the best he'd ever eaten'.
Patterson's daughter said she ate the leftovers on the Sunday too and noted her mother claimed 'not to be very hungry'.


13:00

Patterson left hospital after being warned kids could've ingested toxins, jury hears​

The jury was reminded nurse Kylie Ashton had carried out initial tests on Patterson when she presented at Leongatha Hospital.
Ms Ashton claimed Patterson, during her first visit to the hospital, told her about scraping the mushrooms off the leftovers she fed the kids.
Justice Beale said Ms Ashton said she warned Patterson the toxins could still have penetrated the meat her kids ate.
However, the jury heard Patterson claimed she needed to leave to sort things out before coming back with her kids.
Justice Beale said when Patterson returned, at 9.48am, Dr Webster said he saw Patterson and asked her if anyone else had eaten the Wellingtons.
Patterson told him the kids had had the leftovers.

 
  • #217
Key Event
6m ago

Alleged lies about feeding the children leftovers​


By Mikaela Ortolan​

We return from the break and move on to the next topic: what the prosecution argues are lies Erin Patterson told about feeding her children leftovers the day after the lunch.

Justice Beale starts with evidence given by Simon Patterson about conversations he had his estranged wife.

In one of the conversations, Ms Patterson mentioned feeding the children the leftovers and that they needed to be picked up from school and assessed in hospital.

Mr Patterson picked the children up, and his evidence was that one of them mentioned eating steak and vegetables for dinner the night before.

We're then brought to the children's interview with police, where they said their mother told them the dinner was leftovers but they didn't see her prepare it.

 
  • #218
1m ago

We turn to the toxicology report​


By Mikaela Ortolan​

The judge reminds the jury that during Ms Patterson's second hospital presentation, Dr Chris Webster asked her if anyone else had eaten the beef Wellington.

Justice Beale tells the jury that she replied "only the meat, not the mushrooms or the pastry".

We are now taken to a toxicology report from leftovers found in the bin.

The report found beta-amanitin (or death cap mushroom toxins) was detected in the mushroom paste sample and in the meat sample collected from the leftovers.

 
  • #219

Alleged lie about feeding lunch leftovers to the kids​

Justice Beale has now taken the jury through the prosecution’s allegation that Patterson lied about feeding leftovers from the lunch to her two children the next day.

Justice Beale recapped testimony from Simon Patterson, in which he described how Patterson called him to ask if he could bring the children to the hospital because they had eaten the lunch leftovers.

Simon previously told the court he asked the children during the car ride what they had eaten, and his daughter said meat, beans and potatoes.

Justice Beale recalled the children’s testimony to detectives in which they described the leftovers and how much they ate.

He also noted the evidence provided by various medical professionals who spoke to Patterson about her children eating the leftovers.

More has been added to this up date

Alleged lie about feeding lunch leftovers to the kids​

Justice Beale has now taken the jury through the prosecution’s allegation that Patterson lied about feeding leftovers from the lunch to her two children the next day.

Justice Beale recapped testimony from Simon Patterson, in which he described how Patterson called him to ask if he could bring the children to the hospital because they had eaten the lunch leftovers.

Simon previously told the court he asked the children during the car ride what they had eaten, and his daughter said meat, beans and potatoes.

Justice Beale recalled the children’s testimony to detectives in which they described the leftovers and how much they ate.

He also noted the evidence provided by various medical professionals who spoke to Patterson about her children eating the leftovers.

Justice Beale then recapped Patterson’s evidence on the topic.

Patterson told the court she gave the kids the leftovers because she didn’t feel like cooking anything.

She also said all of the leftovers recovered from her bins were all of the leftovers from the lunch and that her children were “mistaken” when they told detectives she also ate some of the leftovers with them.
 
  • #220
4m ago04.06 BST
Judge outlines evidence on whether children had eaten lunch leftovers

Beale turns to evidence about Patterson’s alleged lie about feeding her children leftovers of the beef wellington lunch.

Simon testified that on 31 July 2023 Patterson mentioned their children had eaten the leftovers of the meal. Patterson’s children said their mother told them they were eating leftovers the day after the lunch, the court hears.

Webster said Patterson told him on 31 July 2023 her children had consumed the leftover meat from the beef wellingtons, Beale says.

Dr Veronica Foote from Leongtha hospital said when she reviewed Patterson later that day she said her children had eaten the leftovers, with the mushrooms and pastry scraped off.

Patterson disputed the prosecution’s suggestion that she lied about feeding her children leftovers off the beef wellington.

4m ago04.06 BST
The court has adjourned for a lunch break.

Beale will continue instructing jurors from 2:15pm.

 
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