Erin Patterson trial: Defence suggest phone and computers missed in search of mushroom cook’s home

A black object spotted in a video taken inside alleged triple-murderer Erin Patterson’s home could be her missing phone, the jury in her trial has been told.

A black object sitting on a window sill in Erin Patterson’s home could be the phone police say they never located, her lawyers have suggested.

A still image taken from a video walk-through of the alleged triple-murderer’s home was shown to the jury as the homicide squad detective who laid Ms Patterson’s charges gave evidence in the alleged killer’s trial.

Detective Leading Senior Constable Stephen Eppingstall on Thursday returned to the witness box, where barrister Colin Mandy SC quizzed the officer on aspects of his investigation.

Earlier this week, the jury was told Constable Eppingstall would be the last witness called by the Crown in the case.

Detective Senior Constable Stephen Eppingstall is the final witness for the Crown. Picture: NewsWire/ David Crosling

Prosecutors allege Ms Patterson intentionally poisoned a beef wellington lunch with death cap mushrooms on July 29, 2023.

Her lawyers, on the other hand, have asked the jury to find the deaths were a tragic accident and acquit Ms Patterson.

Her husband Simon Patterson’s parents, Don and Gail Patterson, and aunt, Heather Wilkinson, died in the week after the lunch from organ failure attributed to mushroom poisoning.

Ms Wilkinson’s husband, Ian Wilkinson, fell gravely ill but recovered after a long stint in hospital.

Defence suggests police missed phone, computers

In cross-examination Mr Mandy suggested to Constable Eppingstall that police missed several items when they searched her home on August 5.

Earlier Constable Eppingstall said he spent much of the search with Ms Patterson, and left the search to his colleagues.

The officer told the jury they seized every electronic item they could find, but conceded additional electronic devices were located when police returned for a second search on November 2.

Taken to a photo of an ottoman with two powerboards, charging cables and a black Samsung tablet in a red and black case police did seize, Mr Mandy points to a black object on the window sill above the ottoman.

He suggested this could be Ms Patterson’s “Phone A”, which Constable Eppingstall said on Wednesday police never located.

“If that was a phone I would think we would have found it,” the officer said.

“I don’t think that’s consistent with a phone but it’s a matter for the jury.”

Another two photos are shown to the jury from Ms Patterson’s “computer or Lego room”.

Mr Mandy suggests that a white basket appears to contain a phone box, which Constable Eppingstall concedes does look like a phone box.

About a dozen Lego technical figurines can be seen on shelving, with the jury previously hearing evidence Ms Patterson enjoys building Lego.

Mr Mandy suggested that two objects on the shelving appear to be Acer laptops.

Ms Patterson’s defence barristers Colin Mandy SC and Sophie Stafford. Picture: NewsWire / Diego Fedele

Constable Eppingstall said he couldn’t make one out from the photo, but said the second “has the similarity to a laptop”.

“These items were not seized by police,” Mr Mandy questioned.

“If these are laptops that’s the first I’m learning of these items,” the officer responds.

“I wasn’t searching sir, I was with Ms Patterson.”

Subway photo not Ms Patterson’s son: Defence

Constable Eppingstall was then taken to evidence he gave on Tuesday about an investigation he took into Ms Patterson’s movements after the lunch.

Earlier in the trial, Simon Patterson said his estranged wife told him she had taken their son to Subway the evening after the lunch for dinner but didn’t leave the car because she was worried she may have an accident.

Lunch survivor Ian Wilkinson and his daughter Ruth Dubois (centre) attended court on Thursday. Picture: NewsWire / Diego Fedele

On Tuesday, the jury was shown a compilation of CCTV footage showing a red SUV entering the car park, where a teenage boy exits and enters the restaurant.

Constable Eppingstall told the jury the car then left, and despite efforts to track the vehicle, police did not know where it went until 11 minutes later when it returned to collect the boy.

Mr Mandy took the officer to two photos, one of Ms Patterson’s son with his grandfather Don dated on July 17, 2023, and a still from the CCTV inside the Subway on July 29.

“We suggest to you that’s not (the boy’s name) getting out of the car,” the barrister said.

“To be clear we’re not suggesting there wasn’t a visit.”

“Just that I got the wrong one,” Constable Eppingstall finished.

Constable Eppingstall did not concede that the boy pictured in the Subway CCTV was not Ms Patterson’s son.

Bank records show purchases on day after fatal lunch

The day’s evidence began with Constable Eppingstall questioned about a series of purchases he identified that Ms Patterson made.

These included her Booktopia records, which the officer confirmed included a “large number” of books relating to diets.

Constable Eppingstall was then taken by Mr Mandy to banking records obtained for Ms Patterson’s Bendigo Bank account between July 1 and August 4, 2023.

The officer confirmed earlier records, including April 2023 when Ms Patterson said she purchased dried mushrooms from an Asian grocer in Melbourne, were not obtained.

“No sir,” he said.

Erin Patterson and her estranged husband Simon. Picture: NewsWire

The jury were shown two bank records that were consistent with earlier evidence about stops Ms Patterson made in the afternoon of July 30, 2023, driving to and from Tyabb, on Victoria’s Mornington Peninsula, for her son’s flying lesson.

The records capture $15.10 at a BP service station in Caldermeade, where a confectionary, a ham, cheese and tomato sandwich and a sweet chilli chicken wrap were purchased.

A second record, dated in the bank records as August 1, shows $13.10 spent at a doughnut van in Koo Wee Rup.

Simon, Don and Gail Patterson’s phones were analysed by police

Asked questions about Simon’s phone, Constable Eppingstall told the jury that Ms Patterson’s estranged husband had provided police with his phone and those of his parents.

He told the court that an attempted extraction of Simon’s phone on August 6 failed, and his phone was returned. 

“Given that his parents had just passed away we gave it back,” Constable Eppingstall said.

“He re-attended on September 12 and it was done by our cybercrime.”

Don and Gail Patterson passed away a day apart from each other in early August. Picture: Supplied

Constable Eppingstall confirmed that Simon informed him that he’d recently got a new phone, but it was his understanding the same phone was provided on August 6 and September 12.

The detective said the extraction conducted on Simon’s phone was limited to messages found on the device.

The jury was told messages from encrypted messaging platform Signal were extracted from Gail’s phone, but her husband’s was “fairly empty”.

“I don’t think he really used his phone much,” the officer said.

Erin’s medical records probed by defence

After prosecutor Jane Warren told the court that she had no further questions for Constable Eppingstall on Wednesday afternoon, Mr Mandy began to probe the detective before the hearing was adjourned for the day.

His first question asked the officer if his client had no criminal history, with Constable Eppingstall responding: “Yes”.

Mr Mandy then turned to whether Ms Patterson was helpful in the initial stages of the investigation, advising police where to find leftovers of the lunch, giving her gate access code and permission to break into her home if needed.

Again the detective said “yes”.

Ms Patterson’s defence has argued the poisonings were a tragic accident. Picture: Brooke Grebert-Craig.

Over the last 45 minutes of the day, Mr Mandy took Constable Eppingstall through a series of medical notes, phone messages and hospital records about Ms Patterson’s health.

Records shown to the jury in late 2021 and early 2022 indicate Ms Patterson was seeking medical advice for a host of health complaints including fatigue, weight gain and overactive bladder, pins and needles and clumsiness.

“Erin worries about ovary cancer, has been googling her symptoms, thinks her symptoms may suggestive of ovary cancer,” a doctor’s note from October 2021 reads, indicating follow up tests had been scheduled.

Another medical record outlining Ms Patterson’s self-reported family history, states that her paternal aunt and maternal aunt had ovarian cancer.

Messages on encrypted messaging platform Signal between Ms Patterson and Simon Patterson on January 4 and 5, 2022, record her complaining about her health while on a holiday to Tasmania.

“It’s my heart that’s troubling me,” Ms Patterson wrote.

“I’m struggling with the energy to do basic things like get in and out of the car and after I have a shower I need to lie down and rest.”

Ms Patterson later messages she’s “been doing some research” and her symptoms fit with right-sided heart failure.

Ms Patterson’s estranged husband Simon Patterson. Picture. NewsWire/Nadir Kinani

Mr Mandy asks Constable Eppingstall if the records were “consistent with Erin Patterson being concerned about various health issues?”

“Yes, sir,” the detective replies.

Prosecutors alleged Ms Patterson orchestrated the lunch with the “false claim” of a cancer diagnosis, while her defence contests she only told the lunch guests she had a “suspected” diagnosis.

The trial continues.

Originally published as Erin Patterson trial: Defence suggest phone and computers missed in search of mushroom cook’s home