Erin Patterson trial: Court shown texts sent before alleged mushroom murder

Erin Patterson repeatedly pushed her estranged husband to attend a lunch at her home — where three of his relatives would later die — saying she had spent a ‘small fortune’ on beef eye fillet.

Simon Patterson gave evidence in the murder trial of his estranged wife, Erin, on Thursday.

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Erin Patterson repeatedly pushed her estranged husband to attend a family lunch at her home – where three of his relatives would later die – saying she had spent a “small fortune” on beef eye fillet and might never be able to host such a gathering again.

The tumultuous marriage of Erin and Simon Patterson was laid bare for the court on Thursday, with Simon giving evidence the relationship descended into acrimony after Erin discovered he stated he was “separated” on his tax return.

Over an emotional four hours in the witness box, Simon also gave evidence about seeing his father, Don, and mother, Gail, deteriorate in hospital after eating poisonous mushrooms at Erin’s home.

“Dad was substantially worse than Mum. He was really struggling,” he said. “He was lying on his side, he was hunched quite noticeably. A really discoloured face.”

Erin Patterson is standing trial in the Victorian Supreme Court for the murder of Don and Gail Patterson and Simon’s aunt, Heather Wilkinson, after allegedly deliberately serving them death cap mushrooms in a beef Wellington at a lunch in July 2023.

She has also been charged with the attempted murder of Ian Wilkinson, who was present at the lunch but survived.

She has pleaded not guilty, always maintaining her innocence.

Simon and Erin Patterson’s relationship was off and on from very early in their marriage and ended in bitterness over finances in late 2022. The court heard there had been a series of separations after they were married in 2007 and the pair were in marriage counselling by 2009, Simon Patterson said.

He said he, Erin and their young son embarked on a long road trip shortly after their marriage that lasted a few months in the outback before Ms Patterson elected to go back to Perth, where they were living. At one point in Perth, Simon Patterson said he stayed in a caravan park while Erin and their son lived elsewhere.

The court heard marriage counselling preceded further separations until they parted in 2015 after returning to Victoria from Perth. In 2013, the family moved back to Victoria and Erin bought a series of houses in Korumburra after her grandmother had died leaving her about $2m.

“I was always keen to have a good relationship,‘’ Mr Patterson told the court.

Erin Patterson’s legal team led by Colin Mandy SC (right, front) leave court. Picture: Luis Enrique Ascui

He said his relationship with his estranged wife was functional until late 2022 when he was listed as separated on a tax form. This, he said, had triggered a falling out over whether she would receive child and welfare support.

Mr Patterson said it was “always her leaving me” up until the 2015 separation, but there had been attempts to reconcile after that point and the family had travelled extensively together.

Earlier in the week, the Supreme Court heard Erin lied when telling the Pattersons and the Wilkinsons at lunch she had cancer and needed their advice on how to break the news to her children. The court on Wednesday heard there was no evidence showing she had cancer, or that she needed a needle biopsy, despite her telling Gail Patterson otherwise. Erin has admitted to not having cancer, her lawyer said.

Simon Patterson on Thursday testified that Erin had asked him to join his relatives for the lunch, but he was reluctant to join. He said she invited him after church with two weeks’ notice. “The church service had finished. Erin approached me while I was just sitting at the laptop/sound mixing desk,” he said.

“She came and asked me – she said she had some important medical news about her that she wanted some advice on how to break that to the kids, so she was inviting Mum and Dad and Heather and Ian and me to lunch to discuss that topic and would I be able to come.”

He said she told him she was “keen for it to not be with the kids” because she wanted to talk about her medical issues.

He agreed to attend.

“She looked at me and she said, ‘Are you going to put that in your calendar in your phone?’ And I said, ‘I don’t really use the calendar in my phone. I keep a paper diary at home and I’ll write it down in the diary at home’,” he said.

When Don and Gail Patterson asked Simon why they had been invited, he told them Erin wished to share some medical news.

Don told Simon he was aware Erin had been undergoing tests for a lump in her elbow.

The day prior to the lunch, Simon told Erin he was “too uncomfortable” to attend.

“Sorry I feel too uncomfortable about coming to lunch with you, Mum, Dad, Heather and Ian tomorrow, but am happy to talk about your health and impli­cations of that at another time if you’d like to discuss on the phone,” he texted Erin.

“That’s really disappointing,” she replied. “I’ve spent many hours this week preparing lunch for tomorrow which has been exhausting in light of the issues I’m facing and spent a small fortune on beef eye fillet to make beef Wellingtons because I wanted it to be a special meal, as I may not be able to host a lunch like this again for some time.

“It’s important to me you’re all there tomorrow and that I can have the conversations I need to have. I hope you’ll change your mind. You’re (sic) parents and Heather and Ian are coming at 12.30.”

Defence counsel Colin Mandy, while cross-examining Simon, suggested Erin had been close to Don Patterson, as had their son.

He agreed with Mr Mandy that Erin had been generous with some of her money, having provided loans worth hundreds of thousands of dollars to in-laws.

These were home loans to Simon Patterson’s relatives to help them get a start in life, signed off under generous terms, including no payment schedules.

The trial continues on Friday.