Top cop grilled about why police didn’t seize several devices, bank records after lethal mushroom lunch
A top silk representing Erin Patterson has quizzed a homicide squad detective about his investigation into the lethal lunch, asking him why several devices and detailed bank records were not seized by police.
Police & Courts
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A top silk representing Erin Patterson has quizzed a homicide squad detective about his investigation into the lethal lunch, asking him why several devices and detailed bank records were not seized by police.
Colin Mandy SC tried to pick holes in the police investigation on Thursday as he cross-examined Detective Leading Senior Constable Stephen Eppingstall, the lead investigator tasked with compiling the brief of evidence against the accused triple murderer.
Ms Patterson is standing trial in Morwell, accused of murdering her estranged husband’s parents Don and Gail Patterson, both 70, along with Gail’s sister Heather Wilkinson, 66.
Don, Gail and Heather died after she served them individual beef wellingtons allegedly laced with lethal death cap mushrooms at her Leongatha home on July 29, 2023.
Heather’s husband, pastor Ian Wilkinson, 71, was the only guest to survive.
Ms Patterson, 50, has pleaded not guilty to three counts of murder and one count of attempted murder, claiming what happened was a “tragedy and a terrible accident”.
Constable Eppingstall was taken to almost a dozen different parts of his investigation during cross-examination, including the execution of a search warrant at Ms Patterson’s house on August 5.
He told the Supreme Court he remained with her for the “majority” of the search.
He added that she was permitted to retain her phone to make arrangements relating to her children and to contact a lawyer from a “TV room” at the front of the house with the door closed.
Mr Mandy asked Constable Eppingstall if that was for a period of 14 minutes.
“I think it was about 20 minutes,” he replied.
Constable Eppingstall on Wednesday testified that records show a SIM card was taken out of a phone belonging to Ms Patterson – dubbed Phone A – on August 5 about 1.45pm, while the search was taking place.
“We see the actual SIM card change from Phone A into a different phone … a Nokia mobile phone,” he said of the records.
He confirmed on Thursday that neither Phone A or the Nokia were located or seized during the search.
Mr Mandy also asked why two laptops that he claimed appeared in a photo taken by police conducting the search were not seized.
“If they’re laptops, this is the first I’m learning of these items,” Constable Eppingstall replied.
Mr Mandy also suggested to him a USB in the pantry was not seized.
“I wasn’t searching, sir. I was with Ms Patterson,” he said.
The court also heard how police obtained Ms Patterson’s bank records between July 1 and August 4, 2023.
Mr Mandy asked: “No other periods of time?”
Constable Eppingstall replied: “No … and I can’t explain why we didn’t go back further.”
He was also questioned about the analysis of Ms Patterson’s phone records conducted by digital forensics expert Dr Matthew Sorell.
Earlier in the trial, Dr Sorell told the court it was his opinion that Erin’s phone made “possible visits” to Loch and Outtrim after death cap mushrooms were spotted in the areas and posted to citizen science website iNaturalist.
Dr Sorell confirmed he had been provided years of call charge records for a phone belonging to Ms Patterson, as well as about 20 days of EBM records.
Mr Mandy asked Constable Eppingstall why more EBM records were not provided.
“To get EBMs for … a year, we would be talking well into six figures and my boss isn’t real keen when I spend too much money,” he said, prompting laughter from the courtroom.
“We have to be selective and targeted.”
Mr Mandy also mentioned his client’s weight, which was recorded when she was admitted to Leongatha Hospital on July 31.
When asked about her receipts obtained from online store Booktopia, Constable Eppingstall agreed that a “large number of the books” she purchased related to diets.
Constable Eppingstall also agreed there was “significant media interest” in the case from the early days of the investigation.
He told the court the mainstream media were “well and truly” reporting the case by August 5 and were “camped” outside Ms Patterson’s property.
The trial, before Justice Christopher Beale, continues.
For more coverage, click here.
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