Erin Patterson trial: Alleged poisoner’s BP visit shown to jury
Footage of alleged triple-killer Erin Patterson’s visit to a service station toilet has been aired in her trial.
Footage of alleged poisoner Erin Patterson’s nine-second visit to a service station bathroom has been played to her triple-murder trial.
Called to give evidence on Tuesday afternoon, Detective Senior Constable Khuong Tran told the jury that he was tasked with performing several investigative steps as part of a homicide squad probe into the fatal mushroom lunch.
CCTV footage from a Caldermeade BP station, about 70km southeast of Melbourne, was played to the jury, depicting Ms Patterson entering the store shortly after 3.20pm on July 30, 2023.
Wearing a grey long-sleeved top and white pants, with a black handbag slung over her shoulder, Ms Patterson gets out of her red MG car and visits the bathroom for nine seconds.
She then browses the store, first at the pre-prepared meals and then the confectionary isle before purchasing items and leaving.
Earlier in the trial, the jury was told Ms Patterson had complained of diarrhoea and nausea starting on the evening of July 29 and continuing after she checked herself into hospital on July 31.
Prosecutors allege the BP visit occurred during a 1 hour 40 minute drive to Tyabb for Ms Patterson’s son’s flying lesson.
They say she purchased a type of sour confectionary, a ham, cheese and tomato sandwich and a sweet chilli chicken wrap.
Ms Patterson is facing trial after pleading not guilty to the murders of three of her husband’s relatives and the attempted murder of a fourth on July 29, 2023.
It’s alleged she deliberately poisoned a beef wellington lunch with death cap mushrooms, while her defence argues the deaths were a tragic accident and she got sick too.
Expert quizzed on hospital visit in trial
Digital Forensic Sciences Australia’s Dr Matthew Sorrell told the court that he sifted through more than four years of her phone records.
On Tuesday morning, Dr Sorrell was quizzed about Ms Patterson’s phone’s movement’s between 8am and 10am on July 31, 2023.
Previously, the jury was told she presented at Leongatha Hospital at 8.05am, discharged herself five minutes later before returning about 9.45am.
Dr Sorrell said at 8.31am her phone connected to a Leongatha tower, before connecting to Outtrim three times between 8.55am and 8.58am and later reconnecting to Leongatha at 9.23am.
He said it indicated a “possible visit” to the Outtrim postcode but it was “not strongly supported by the evidence”.
“There is a gap in the records of about 30 minutes,” he said.
Dr Sorrell said he could not exclude the possibility that the connections represented movement inside a house.
Giving evidence on Monday, he told the jury phones will connect to the cell tower providing the best signal.
“The base station that gives you the best service at the front door of your house may be different to the base station that gives you the best service at the back door,” he said.
Defence explores limitations to phone records
During cross-examination by Ms Patterson’s defence barrister Colin Mandy SC, Dr Sorrell conceded there were limitations to how reliable the cellphone data could be in determining a phone’s location.
He agreed with Mr Mandy’s suggestion there was no way to pin a phone to a particular location without “corroborating evidence”.
Using the town of Outtrim as an example, Mr Mandy asked the expert if it was possible the phone could visit the area and not connect to the two local cell tower base stations.
“There’s all number of reasons that could occur, yes,” he said.
Dr Sorrell explained weather, geography and topography or even the power, height and tilt of an antenna could cause a phone to choose a tower that is further away by provides better signal.
Highlighting this, he told the jury he once saw a case where a phone preferred a tower 60km away.
Continuing with Outtrim, Mr Mandy suggested that while the records indicate a possible visit on May 22, they were also “consistent with the phone never entering the Outtrim post code”.
Dr Sorrell responded saying he “certainly can’t place the phone within Outtrim… or even a tightly defined zone”.
“It’s distinctly possible there is a location that could be found that is consistent with these records that is outside Outtrim,” he said.
Potential visits to mushroom sightings
Dr Sorrell said he was tasked with finding potential visits to the Loch and Outtrim postcodes – two townships near Ms Paterson’s Leongatha home where the deadly mushroom had been observed.
Earlier in the trial, two witnesses gave evidence they located death cap mushrooms in those towns and posted details including a precise location on citizen science website iNaturalist.
Christine McKenzie said she posted the mushrooms on April 18, 2023, in Loch, while Dr Tom May posted a sighting of death caps in Outtrim on May 21 the same year.
Dr Sorrell told the jury that Ms Patterson’s phone could have possibly visited Loch between 9.14am and about 10am on April 28.
He said the records indicate movement out of Korrumburra, connecting to Loch and a return to Korrumburra, but there was an “absence” of records for the middle of that period.
“While there is a potential visit, it doesn’t definitely point to being in the Loch township,” he said.
On May 22, Dr Sorrell said the phone records indicated potential visits to both Loch and Outtrim.
He said Ms Patterson’s phone connected with the Loch South base station “every five minutes” from 9.19am until about 10am.
Later the same morning, he said the records indicate support the opinion the phone could be in the northern section of Outtrim” between 11.24am and 11.49am.
Dr Sorrell is expected to face cross-examination from Ms Patterson’s defence when the trial resumes on Tuesday.
Ms Patterson is facing trial after pleading not guilty to the murder of three of her husband’s relatives and the attempted murder of one more.
Simon Patterson’s parents, Don and Gail Patterson, and his aunt Heather Wilkinson died from death cap mushroom poisoning in the week after eating a beef wellington at Ms Patterson’s home on July 29, 2023.
Heather’s husband, Ian Wilkinson, recovered after spending a month and a half in hospital.
Prosecutors allege Ms Patterson deliberately spiked the lunch with “murderous intent”, while her defence argues the case is a “tragic accident”.
The trial continues.