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Erin Patterson verdict: Simon Patterson and the moment trial almost tanked

The estranged husband of the mushroom killer was not told he could object to giving evidence against his wife until hours after he had started testifying.

The estranged husband of mushroom murderer Erin Patterson was not told he had the right to object to giving evidence against his wife until he was midway through giving his testimony in the witness box.

In a moment that threatened to derail Patterson’s triple-murder trial, Simon Patterson was informed he did not have to testify against his spouse by Victorian Supreme Court judge Christopher Beale only after the jury had already heard hours of his evidence.

“I made certain assumptions and I just want to confirm that those assumptions are correct. The spouse of an accused person has a right to object to giving evidence,” Justice Beale told Mr Patterson, in the absence of the jury.

“I’ve assumed that, from the history of this matter, you’ve been informed of that right previously and were willing to give evidence nonetheless. Now, are those assumptions correct?”

Mr Patterson replied saying he “didn’t know” he had the right to object, but indicated he would likely be happy to proceed.

Justice Beale: “All right. I don’t want to spring anything on you, but if you want some time to consider the matter, I’m happy to give it to you, but equally I’m happy for us just to proceed.”

Mr Patterson paused briefly, before saying: “I’m happy to proceed giving evidence.”

“I’m willing to give evidence. I think if I had have been offered that before, I still would have said the same thing,” he said. “I’m quite comfortable about that.”

Mr Patterson, an engineer, has barely spoken publicly since the lunch at which Patterson murdered his parents, Don and Gail Patterson, and his aunt, Heather Wilkinson, with a beef Wellington she had poisoned with death cap mushrooms.

He was the first witness to give evidence in his wife’s murder trial, and was not permitted to watch proceedings until after his evidence concluded.

Simon Patterson speaks at the funeral service for his parents.
Simon Patterson speaks at the funeral service for his parents.

“I have a lot to grieve and am grieving a lot about all this stuff here, as I’m sure you can imagine,” Mr Patterson told Justice Beale, in the absence of the jury.

“One thing that is really difficult is not being able to follow what happens – I haven’t been – as a witness, and for understandable reasons, I haven’t been able to follow along throughout the trial.

“Your Honour, would you be able to make available – after all the legal proceedings are finished – the transcripts of all those hearings … for me to be able to, as I grieve the legal process, to help me deal with that grief. It will take me years.”

Mr Patterson spoke at a memorial service in honour of his parents on August 30, 2023, but has not sought publicity.

He is well-regarded in his community, as is his broader family. He lives relatively modestly in a house on the outskirts of town on a large semi-bush block.

Mr Patterson has engaged consultant Jess O’Donnell as his media adviser.

Mushroom Murders

Lasting memories from my time in the ‘mushroom bubble’

Lasting memories from my time in the ‘mushroom bubble’

Throughout Erin Patterson’s murder trial, an unlikely cast – detectives, lawyers, journalists and mourning relatives – shared coffees and hushed conversations at a quiet cafe just metres from the courtroom. But there were unspoken rules in play.

Mushroom cook’s ex-home town wants to move on

Mushroom cook’s ex-home town wants to move on

Korumburra locals living with the fallout of Erin Patterson’s mushroom murder trial are afraid to speak, sick of the spotlight, and desperate to reclaim their town from a story that won’t fade.

Ellie Dudley
Ellie DudleyLegal Affairs Correspondent

Ellie Dudley is The Australian's legal affairs correspondent covering courts, justice and changes to the legal profession. She edits The Australian's weekly legal newsletter, Ipso Facto, and won Young Journalist of the Year in 2024 at both the Kennedy Awards and the News Awards.

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Original URL: https://www.theaustralian.com.au/nation/erin-patterson-verdict-simon-patterson-and-the-moment-trial-almost-tanked/news-story/f8673c361b83214c0c8fcaaaa5bc9f5f