4.05pm
Signs of death cap mushrooms in beef Wellington leftovers found in bin
The jury is now being told about the forensic evidence in the case.
Prosecutor Nanette Rogers, SC, said fingerprints found in the dehydrator matched those on Erin Patterson’s left hand. An analysis of the leftover beef Wellington taken from Erin’s bin, and vegetable matter taken from the dehydrator – discovered at the tip – also found signs of death cap mushrooms.
Prosecutor Nanette Rogers, SC.Credit: Jason South
Rogers said death cap mushroom toxins were detected in urine samples taken from Don Patterson and Ian Wilkinson in hospital. No toxins were detected in the biological samples taken from Gail Patterson and Heather Wilkinson, but Gail’s autopsy findings were compatible with pathology typically seen from ingesting death cap mushrooms, and in Heather’s case, the acute liver failure that contributed to her death was compatible with the consumption of death cap mushrooms.
“It is the prosecution case that the accused deliberately poisoned with murderous intent each of Ian Wilkinson, Heather Wilkinson, Gail Patterson and Donald Patterson on 29 July [2023] at her house in Leongatha after inviting them for lunch on the pretense that she’d been diagnosed with cancer, and needed advice about how to break up to the children,” Rogers told the jury.
Rogers said it was also the prosecution case that Erin did not consume death cap mushrooms at the lunch and “pretended she was suffering the same type of illness as the lunch guests to cover that up”.
Erin was reluctant to have her children medically assessed because she knew that, like her, they had not eaten any poisoned food, Rogers said.
“The accused lied about getting death cap mushrooms from an Asian grocer. And the accused disposed of the dehydrator which contained death cap mushroom remnants to conceal what she had done,” the prosecutor said.
3.54pm
Accused didn’t have cancer, didn’t ingest death cap mushrooms: prosecutor
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Prosecutor Nanette Rogers, SC, told the jury it’s the prosecution case that Erin Patterson didn’t ingest death cap mushrooms at the lunch on July 29, 2023 and didn’t suffer from amanita poisoning.
“It is also the prosecution case that the accused had not been diagnosed with cancer prior to the lunch, and her claim in this regard was deliberately false,” Rogers told the jury.
“It is the prosecution case that the accused used the false claim that she had serious medical issues to ensure and to explain why the children would not be present at the lunch.”
3.49pm
‘No record’ Erin Patterson had a cancer diagnosis
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The intensive care specialist found there was no sufficient evidence in the files provided to support the assertion that Erin Patterson was diagnosed with cancer in mid-2023, prosecutor Nanette Rogers, SC, told the jury.
A self-administered screening test for cervical cancer, which was completed on March 2, 2023 was negative, and there were notes indicating that the accused was advised of this negative result three weeks later, the jury heard.
“Victorian Cancer Registry, which maintains a record of people with cancer in Victoria, has no record of the accused having received a cancer diagnosis,” Rogers said.
Prosecutors don’t have to prove motive
4.09pm
Prosecutor Nanette Rogers, SC, has told the jury her legal team does not need to prove a motive for the alleged crimes.
“Now, why would the accused do this? What is the motive?” Rogers said towards the end of her opening address.
“Motive is not something that has to be proven by the prosecution. You do not have to be satisfied what the motive was, or even that there was one, the prosecution will not be suggesting that there was a particular motive to do what she did.
“What you will have to focus on and focus your attention on is whether you are satisfied beyond reasonable doubt that the accused committed the charges on the indictment, not why she may have done so.”
A Supreme Court jury hears opening submissions in the trial of Victorian woman Erin Patterson, who is accused of using a poisoned meal to murder three relatives. Look back at how it unfolded on our live blog.
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