What we know so far about the Erin Patterson mushroom lunch trial

Erin Patterson hosted a lunch at her home in the Victorian town of Leongatha in July 2023. She invited her in-laws, Don and Gail Patterson, Gail’s sister Heather Wilkinson and Heather’s husband Ian Wilkinson.

Her estranged husband, Simon Patterson, was invited but did not attend the lunch.

Erin Patterson.Credit: Jason South

Patterson served beef Wellington and within hours of eating together, the four guests became unwell. Don, Gail and Heather died in hospital after consuming what prosecutors allege were death cap mushrooms. Ian survived after spending several weeks in an induced coma.

Patterson, 50, has pleaded not guilty to the murder of Don, Gail and Heather, and the attempted murder of Ian over the fatal lunch.

Supreme Court Justice Christopher Beale is presiding over the trial in Morwell, a town in Victoria’s Latrobe Valley, and has been set down for five to six weeks. This is what we have heard so far during the trial:

WHAT HAPPENED ON DAY THREE OF MUSHROOM TRIAL

• Erin Patterson’s estranged husband Simon Patterson returned to the stand on Friday morning to continue his testimony inside room 4 of the Morwell courthouse, where he was cross-examined by Erin’s defence lawyer, Colin Mandy, SC.
• When asked by Erin’s lawyer about her medical history, Simon said she had “struggled” with health issues over the years, including a heart arrhythmia, as well as postnatal depression after the birth of her first child.
• Erin’s lawyer asked Simon about his discussions with his estranged wife after the deadly beef Wellington lunch, and about her discharging herself from Leongatha Hospital. “Erin hates hospitals,” Simon said, adding she had a history of discharging herself against medical advice.
• The court heard that a misunderstanding about a “missing” invitation to his mother Gail’s 70th birthday had sparked a rift in the family, and that in a message exchange Erin said she had felt “very hurt” about not being included.
• The defence lawyer asked Simon about several other tense exchange between him and Erin, including one during which he said she was being “extremely aggressive” in messages she had sent to his parents Don and Gail in a family group chat.

WHAT HAPPENED ON DAY TWO OF MUSHROOM TRIAL

• The first witness for the prosecution, Erin Patterson’s estranged husband Simon Patterson, was called to the stand. He discussed his marriage to Erin and said they separated in 2015 for the final time.
• Simon said they tried to remain amicable, but in 2022 a tax mistake altered their dynamic.
• Text messages between Simon and Erin in the lead-up to the fatal family lunch were shown in court. When Simon said he would no longer attend the lunch, Erin replied: “I’ve spent a small fortune on beef eye fillet.”
• Simon described his movements on the day after the fatal lunch, including his visit to Ian and Heather Wilkinson. Speaking through tears, he said his father, Don, was struggling, lying on his side, unwell in a hospital bed.
• Simon told the jury that Erin told him she had previously dehydrated mushrooms and mixed different amounts of fungi in a batch of muffins for their daughter.
• Recap the entire second day of the case here.

WHAT HAPPENED ON DAY ONE OF MUSHROOM TRIAL

• The court heard signs of death cap mushrooms were discovered in the beef Wellington leftovers found in Patterson’s bin.
• The court heard that after Heather Wilkinson became sick she wondered aloud to Simon about why Patterson had served her guests with different coloured plates to the one she used herself.
• Patterson admitted to foraging for mushrooms, lying about having cancer and getting rid of a food dehydrator in a panic.
• The jury were asked to consider what impact public scrutiny had on the accused. “Is it possible that a person might lie when they find out that people are seriously ill because of the food that they’ve served up?” Patterson’s defence counsel asked the court in his opening address.
• Recap the entire first day of the case here.