Australia - 3 dead after eating wild mushrooms, Leongatha, Victoria, Aug 2023 #9 *Arrest*

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Week three kicks off​

Welcome to 7NEWS.com.au’s live blog of the Erin Patterson mushroom murder trial.

Here is a recap of what the court has heard so far from the trial, which kicked off last week:

Day one: It was revealed that three charges of attempted murder against Patterson in relation to her estranged husband had been dropped by the prosecution.

Day two: The prosecution and defence gave their opening addresses to the jury.

The court heard the prosecution will allege Patterson used a fake cancer diagnosis as the pretense for hosting the lunch, that the guests were served on different coloured plates to her, and she travelled to areas where death cap mushrooms were sighted in early 2023.

The prosecution will also allege Patterson dumped a food dehydrator – which was found to contain traces of death cap mushrooms – at a local tip in the days after the lunch, and that she set up two phones in early 2023 but only one was recovered by police during a search of her home.

The defence will argue the deaths were an “accidental terrible tragedy” and Patterson did not intentionally poison her guests.

The defence say Patterson lied to police because she “panicked”.

Day three: Erin Patterson’s estranged husband, Simon, took the stand as the prosecution’s first witness. The court heard about the former couple’s relationship, Patterson’s inheritance, and were shown texts the pair exchanged about the lunch and child support.

Day four: Simon Patterson returned to the stand for cross-examination. He became emotional as he described the court process as “very difficult”. The court heard Patterson suffered from mental illness, that she was “very hurt” after an “afterthought invite” to Gail’s birthday party, and was shown more heated texts about child support payments.

Day five: Three friends Patterson made in a true crime Facebook group took the stand. They said Patterson shared photos of her food dehydrator online and that she consulted the group for advice on beef wellington recipes around July 2023.

Day six: Ian Wilkinson, who was the only guest to survive the lunch, took the witness stand. He described his relationship with Patterson, what happened at the lunch, and the symptoms he and his late wife, Heather, later suffered.

Day seven: The court heard evidence from the children of the four lunch guests as well as doctors who oversaw the two couple’s treatment. Don and Gail Patterson’s daughter, Anna Terrington, became emotional on the stand while recalling conversations with her parents about the lunch. The court was also shown CCTV of Patterson leaving the hospital against medical staff’s advice and heard a triple 0 call a doctor made to police after she discharged herself.

Day eight: The court heard from nurses and paramedics who tended to Patterson at hospital. They said she did not seem “unwell” and that they did not witness her making frequent trips to the toilet, despite her reportedly suffering from diarrhoea. The court also saw a pre-recorded interview of Patterson’s daughter speaking to a detective in August 2023 Her daughter told the officer her mother was sick the day after the lunch and she saw her go to the toilet around “ten times”.

Day nine: The court was shown a pre-recorded interview of Patterson’s son speaking to a detective. During the conversation, the teenage boy spoke about disputes between his parents and said his mother reported having diarrhoea after the lunch.

 
We begin the third week of court proceedings in the Erin Patterson murder trial.

The day begins with a statement from a friend of Erin Patterson's son.

The friend stayed the night at Erin's Leongatha home on July 28, the day before the lunch.

He recalls going to see a film with Erin's daughter and son on the day of the lunch, before returning to the house and seeing all the lunch guests.

"I don't remember what was on the plate, there were some plates in the kitchen sink, I think they were white plates," he says
 

Patterson’s son’s friend’s testimony read out in court​

The court has been read testimony from Patterson’s son’s friend, who stayed over at their Leongatha home on the weekend of the deadly lunch.

 
Good morning to everyone following the Erin Patterson trial blog, as we enter week three of this case.

It is a crisp, sunny autumn morning here in Morwell.

The public gallery in the Latrobe Valley courthouse is full today, with members of the extended Patterson/Wilkinson families returning to fill a row of seats.

All 15 members of the jury are back after a long weekend, and Ms Patterson is in the court dock wearing a green top with a brown cardigan over the top.
 

Testimony of friend finished​

By Judd Boaz​

According to the friend's testimony, Erin's son and his friend helped themselves some of the dessert brought by the lunch guests.

He recalls in his statement seeing the guests leave, and describes the mood of the host as ordinary.

"Erin just seemed like her normal self to me," he said of the day after the lunch.

The testimony concludes, and the statement of Erin's son's flying instructor is up next.
 

11m ago10.36 AEST
What we know so far

While we wait for today’s evidence to begin, here’s a recap of what the jury heard on Friday:

1. Erin Patterson’s son described his parents’ relationship as “very negative” and said his father “does a lot of things to try and hurt Mum” such as “messing around with schooling”.

2. Erin’s son, who cannot be named for legal reasons, said he and his sister ate the leftovers of the deadly lunch the following day, describing what he understood to be “eye fillet” beef as “some of the best meat I’ve ever had”. Patterson made leftovers for herself too, he said, but did not eat it as she felt unwell, so he ate her food.

3. Erin’s daughter, who also cannot be named, said her mother was a “very good cook”.

4. Erin’s son has recalled a “fond” memory of his mother taking a photograph of a mushroom in mid-2020 while on a walk together in the Korumburra botanic park.

“I remember Mum took a picture of them because she thought they looked nice,” he said.

5. Erin’s son said he had helped his mother clean up on the day of the lunch and recalled collecting white dinner plates, that he said were all the same, and placing them near the kitchen sink.

Justice Christopher Beale decided that Monday would be a day off for the jurors, while both Patterson’s legal team and the prosecution sorted through some procedural matters.
 

Flight instructor describes Patterson as a ‘typical mum’​

A part-time flight instructor who gave Patterson’s son lessons has described her as a “typical mum”.

The court was read written testimony from the flight instructor on Tuesday morning.

He described her as a “typical mum” and said she seemed “proud” when he told her her son was good at flying.

Recalling the day after the lunch, when her son was due to attend a flying lesson, he said Patterson became “grumpy” when he had to cancel due to weather.

“I called Erin to let her know I was running late and asked if I could push the session back from 2pm to 4pm.

“I called Erin about 3.48pm to cancel the lesson (after being informed about the poor weather).

“She got grumpy at me and said it was unfair she had to drive for an hour.

“She asked why I didn’t let her know earlier.

“I explained that I was on a motorbike and couldn’t reply sooner.”

 
now10.48 AEST
The prosecution has called their next witness, a friend of Erin Patterson’s son. The friend, who is a child, cannot be named for legal reasons.

His written statement is being read to jurors. He recalls having a sleepover at Erin’s son’s house the evening before the lunch. In the statement, the friend describes the morning of the lunch on 29 July:

Erin said there were people coming over. She didn’t say who.
After going to McDonalds and the cinemas, the friends describes returning home to Erin’s house in Leongatha after the lunch:

I think there was a plate on the dining room table when we walked in. I think it was [Erin’s son’s] grandma who cleaned the table.


There were some plates in the kitchen sink. I think they were white plates.
He says Erin seemed “like her normal self” when she dropped him home the evening of the lunch.

 

Flying instructor's statement heard in court​

By Tim Callanan​

The court is now hearing the statement of Erin Patterson's son's flight instructor, Ulysses Villalobos.

In his statement he confirms he only gave one lesson to Erin's son and two others needed to be cancelled due to poor weather.

He describes Erin as "a typical mum taking her son to his flying lesson" and was proud of her son's progress.

The instructor says on the day after the lunch he rang Erin to first postpone and then cancel her son's lesson due to the weather.

He says she "got grumpy" with him and asked why he didn't cancel the lesson earlier and he says he explained the circumstances behind the cancellation.

That is the end of his statement.
 
less than a minute ago

Son's friend saw 'white' plates in the sink​

Before any witnesses are called, Crown prosecutor Sarah Lenthall is reading statements to the jury.
The first was penned by one of the friends of Erin’s son.
In his statement, the 15-year-old said he woke up at Erin’s home on the morning of the lunch after having a sleepover.
He said they went to the cinema before they returned to Erin’s home when the lunch guests were getting ready to leave.
“I think there was a plate on the dining table,” he said in his statement.
“I think it was (Gail) who cleaned it … and put it on the bench.”
The 15-year-old said he also saw some plates in the kitchen sink.
“I think they were white plates,” he said, noting the bottom of the plates may have been white.
The court has previously heard from the only guest to survive the lunch, Ian Wilkinson, who said the guests ate off grey plates, while Erin ate off an “orangey-tan” plate.

 
I think they are condensing the time by just reading some people's statements to the jury instead of calling them?

Yes, I think that's what they were doing yesterday - statements of agreed facts and arguing about what would be allowed by both sides in statements, rather than cross examining each witness. Similar to consent orders. To save the courts time.
 
1m ago10.51 AEST
The next written statement is from Ulysses Villalobos, who was the flying instructor for Erin’s son.

He says the son had booked three flying lessons with him but two needed to be cancelled due to poor weather. Villalobos says he conducted one lesson with Erin’s son on 2 July 2023.

He describes meeting Erin for the first time:

She seemed quite easygoing. Nothing of note. Just a typical mum taking their son to a weekend activity.
He says he called Erin the day after the lunch around 3.48pm to cancel her son’s lessons due to poor weather:

She got grumpy at me, She started complaining to me. it was unfair she had to drive a whole hour.



1m ago10.51 AEST
The next witness is Prof Rhonda Stuart, a doctor and the medical director of infection prevention at Monash Health.

Stuart is providing evidence in the court room in Morwell.


 

Senior Monash Health doctor called to the witness box​

By Judd Boaz​

Rhonda Stuart is the next witness and is present in the courtroom.

She is a doctor and the director of infection prevention and epidemiology at Monash Health.

She tells the court she was asked to interview Erin Patterson regarding a public health issue in the days after the lunch.

Dr Stuart says she met Erin face-to-face in the emergency department, alongside Simon Patterson and their children.

Erin asked if the family could be excused while she was interviewed
 

Professor Stuart interviews Erin about beef Wellington lunch​

By Judd Boaz​

Professor Stuart says she asked Erin what happened at the lunch and how the meal was prepared.

"She told me that she came because her children needed to be checked out, because there had been a lunch and there was a concern they may also be affected," she says.

She tells the court Erin said she had scraped off the mushrooms from the meal she served to the children.

Erin also said she had been sick with gastro symptoms, Professor Stuart says.

"I asked her about the mushrooms because that was the concern at the time," Professor Stuart says.

"The other pack she said she got from an Asian food shop several weeks prior."
She says Erin claimed the original packet holding the dried mushrooms from an Asian store was now gone.

"When I asked her about the dried mushrooms, she said she'd used the entire lot."
 
1m ago11.00 AEST
Prof Rhonda Stuart says she interviewed Erin when she was in the emergency department at Monash hospital.

She told me that she came because her children needed to be checked out because there’d been a lunch and there was concern that they may also be infected.
She said that she had given the children some of the meal the following day but had scrapped off the mushroom paste.
She said she’d been unwell the following day, the Sunday, with gastroenteritis-type symptoms.
Stuart said Erin told her about the dish she cooked for the lunch:

She told me she had made a beef wellington and she had made the beef Wellington with a mushroom paste.

 

Erin blanked on Asian grocer, court hears​

By Judd Boaz​

As we've heard several times during the trial, Erin Patterson could not recall to Professor Stuart where she allegedly bought the dried mushrooms.

She also could not tell Professor Stuart the suburb in which she had bought them, and denied foraging for mushrooms.

"She told me she was having lunch with her ex-husband's relatives," Professor Stuart says.
Professor Stuart says when she commented that it was a nice thing to do despite the separation, Erin told her it was common.

"She said that was not unusual and that she still had a good relationship with them," Professor Stuart says.
 
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