New twist in case of fatal Leongatha mushroom lunch

Erin Patterson’s leaked account of what happened on the day of the fatal lunch which resulted in three deaths may be of little use if the case ever reaches a court.

Erin Patterson’s statement outlining her version of the triple-fatal mushroom meal at her home may be of little value in a court of law if it has not been signed.

The Herald Sun has been told Mrs Patterson did not sign the statement, which was handed to the Victoria Police homicide squad and given to the media in August.

Victoria Police declined to comment on whether Mrs Patterson’s statement was a signed document.

Her lawyers did not answer requests for comment.

Mrs Patterson’s parents-in-law Don and Gail Patterson, both aged 70, along with Gail’s 66-year-old sister Heather Wilkinson, died in hospital after eating a beef Wellington lunch at her Leongatha home on July 29.

Mrs Wilkinson’s husband Ian, 68, was recently discharged from hospital and has made considerable progress after his condition was initially rated as critical.

Not signing the statement would not suggest anything about the guilt or otherwise of Mrs Patterson.

Three people died after eating a beef Wellington lunch at Erin Patterson’s Leongatha home on July 29. Picture: Brooke Grebert-Craig.

But legal experts have questioned its weight as a legal document.

One top criminal lawyer said an unsigned statement may have investigative value for police but would be of no evidentiary worth.

That lawyer said it would be akin to a “can say” statement, which provides information but is not legally binding for its author.

“Unless they put pen to paper, it’s not a statement. An unsigned statement is not evidence,” he said.

A police source also said an unsigned statement potentially made its contents less consequential.

The statement from Mrs Patterson opened up new elements in the case for investigators.

In it, she said she had bought dried mushrooms from an Asian grocers in Mount Waverley and put them in her beef Wellington lunch.

Police will be working to check all such stores in Mount Waverley to corroborate her claim, or otherwise.

Another likely area of interest relates to the whereabouts of Mrs Patterson’s children who, she said, were at the local cinema.

Insp. Dean Thomas said at the start of the investigation that they were at the house, a public position which has not been altered since.

Another key element was Mrs Patterson’s admission that she dumped a food dehydrator, since recovered by detectives, at a local tip.

She said this was done because she panicked after being accused of intentionally poisoning her guests.

Despite being two months in, the homicide squad investigation is regarded as being much closer to the beginning than the end.

There is a long list of potential witnesses for investigators to contact and complex pathology and forensic work to be completed.

Ms Patterson’s barrister Bill Doogue, from Doogue and George defence lawyers, did not respond to a request for comment.

Leading defence lawyer George Balot said if the statement was unsigned then Ms Patterson “has not sworn to the matters therein”.

“The statement is prima facie documentary hearsay, I imagine,” said the founding principal of Balot Reilly Criminal Lawyers.

If Ms Patterson was ever charged, Mr Balot said prosecutors would “no doubt seek to rely on an exception to the hearsay rule to get it into evidence, but such a course will be the subject of challenge”.

He noted that the statement was provided voluntarily by her lawyer when she was not charged or in custody.

“Whilst it is very unusual to do so before a person is charged or interviewed, there must be a reason behind it,” he said.