Erin Patterson lied, but jurors not ruling on ‘a court of morals’: judge

Accused triple murderer Erin Patterson is a self-confessed liar, but the Supreme Court in Morwell is “a court of law, not a court of morals”, the judge in the case has reminded the jury.

In his charge to the jury on Tuesday, Justice Christopher Beale also warned the jury about putting too much weight on certain evidence, such as Patterson’s estranged husband’s evidence that the accused told her guests she had cancer at the lunch that left three people dead.

Clockwise from left: accused killer Erin Patterson and her guests who died after the 2023 lunch, Heather Wilkinson and Gail and Don Patterson.Credit: Matthew Absalom-Wong

The jurors were told they must not let feelings of prejudice or sympathy for anyone in the case impact their decision-making. This, he said, included not being influenced by the fact Erin Patterson cooked the meal that caused the deaths of Don and Gail Patterson, along with Heather Wilkinson.

“The issue is not whether she is in some sense responsible for the tragic consequences of the lunch, but whether the prosecution has proved beyond a reasonable doubt that she is criminally responsible,” the judge said.

“Similarly, the fact that, on her own admission, Erin Patterson told lies and disposed of evidence must not cause you to be prejudiced against [her]. This is a court of law, not a court of morals.”

He also told the jury the accused woman’s inconsistent testimony, and that of other witnesses, might not be deliberate.

“You should keep in mind the fact that a witness who gives inconsistent accounts is not necessarily lying. While dishonest witnesses are more likely to introduce inconsistencies in their stories, truthful witnesses may make mistakes about details,” Beale said.

The judge also warned the jury about hearsay, such as Simon Patterson’s evidence that Heather Wilkinson spoke to him about Erin Patterson eating from a different coloured plate, and that his parents, Don and Gail Patterson, said the accused told them about having cancer, possibly ovarian, at the lunch.

Ian Wilkinson, Beale said, also gave evidence about his wife talking about Erin Patterson eating from a different coloured plate from the rest of her guests at the July 29, 2023 lunch.

“It’s for you to determine if Heather made the alleged statements to Simon and to Ian Wilkinson about Erin having a different coloured plate to the guests at the lunch and whether … Gail [Patterson] made the alleged statement to Simon about the topics of conversation at the lunch,” the judge said.

“If you find that they did, you can use that fact as evidence that Erin did have a different coloured plate to the lunch guest, and that Erin told her lunch [guests] she had cancer and wanted advice on how to tell [her] kids.

“However, before you do so, I must warn you about the need for caution when considering the hearsay evidence of Simon Patterson and Ian Wilkinson.”

Beale said this warning was necessary because these statements were made outside a court by others.

Errors could occur with out-of-court statements, the judge said, and while they might be truthful, they might not be an accurate account of what was said, as a person might have been mistaken.

Patterson has been charged with three counts of murder and one count of attempted murder. She has pleaded not guilty and has said the poisonings that occurred at the lunch were a tragic accident.

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