Accused mushroom cook killer has attempted murder charges dropped ahead of trial
By Erin Pearson
Accused mushroom lunch killer Erin Patterson has had charges that she repeatedly tried to murder her former husband withdrawn.
A jury has been empanelled in the Supreme Court of Victoria at Morwell to hear allegations Patterson, 50, murdered three family members and attempted to kill a fourth by poisoning them with a beef Wellington laced with killer mushrooms.
A court artist’s sketch of Erin Patterson.Credit: Paul Tyquin
However, Justice Christopher Beale told the jury prosecutors had decided to no longer pursue charges that Patterson had attempted to kill estranged husband Simon Patterson in the months before the fatal lunch at Leongatha in July 2023.
“Those charges have been discontinued by the Director of Public Prosecutions. In other words those charges have been dropped and you must put them out of your mind,” Beale said.
Patterson has pleaded not guilty to three counts of murder and one of attempted murder.
Patterson’s former in-laws, Don Patterson, 70, and Gail Patterson, 70, as well as Gail’s sister, Heather Wilkinson, 66, all died in hospital days after the July 2023 lunch.
From left: Don Patterson, Gail Patterson and Heather Wilkinson all died after allegedly ingesting poisonous mushrooms. Ian Wilkinson survived.
Heather’s husband, 68-year-old Baptist pastor Ian Wilkinson, survived after weeks of treatment in hospital.
Wilkinson and Simon Patterson will both give evidence at the trial.
Fifteen jurors, including five women and 10 men, were selected on Tuesday from a panel of 120 people to take part in the trial, which is expected to take around six weeks.
Beale said at the end of the case three jurors will be balloted off, with the remaining 12 eventually asked to reach a verdict.
“In this case it’s alleged by the prosecution, the accused has committed three murders and one attempted murder. She has pleaded not guilty to those charges.
“It’s for you the jury and you alone to decide if she is guilty of the crimes alleged against her … to decide what are the facts.
“You are the only ones in the court who can make a decision about the facts. It’s also your task to apply the law to the facts you have found ... and decide if the accused is guilty or not guilty.
“It’s my role as the judge to ensure this trial is fair and conducted in accordance with the law. It’s your view of the facts that matters.”
The jurors were told they should put all emotion aside and act like a judge, dispassionately weighing up the evidence with an open mind.
They were also warned against performing their own research and to only speak about the contents of the trial with their fellow jurors.
Breaching this rule, Beale said, could result in jail time or fines and would undermine public confidence in the jury system.
He reminded the jury that Patterson should be presumed innocent unless proven guilty.
Erin Patterson’s legal team (from left): lawyers Bill Doogue and Ophelia Hollway, and barristers Colin Mandy, SC, and Sophie Stafford on Tuesday.Credit: Jason South
“Ms Patterson does not have to prove anything. It’s not for her to demonstrate her innocence but for the prosecution to prove the charges they have brought against her,” he said.
“The prosecution must do this by proving her guilty … beyond reasonable doubt.”
Colin Mandy, SC, is leading Patterson’s defence team, alongside barrister Sophie Stafford. Nanette Rogers, SC, is representing the Crown, alongside prosecutor Jane Warren.
The case is being heard at the Latrobe Valley Law Courts, about 150 kilometres east of Melbourne. There are three rows of seats in the small courtroom, which also has a window overlooking the town.
The Latrobe Valley Law Courts where the case is being heard.Credit: Jason South
Patterson was seated in the dock, between two security guards.
Opening addresses to the jury are expected to begin on Wednesday.
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Read more on the Erin Patterson trial:
- Who are the key players?
- Everything you need to know about the Erin Patterson trial
- Why attempted murder charges have been dropped