Mushroom murder jury fails to reach verdict on Erin Patterson, will reconvene Monday

The seven men and five women had been told when they met on Saturday that they must come to unanimous agreement over whether or not Erin Patterson is guilty of murder.

Crown Prosecutor Nanette Rogers. Picture: Asanka Ratnayake/Getty Images

The jury in the mushrooms murder trial will reconvene on Monday after failing to reach a verdict five days after going out.

The seven men and five women met on Saturday, marking the 45th day since the trial began.

It is not unusual for lengthy deliberations but the jury will need to come to a unanimous agreement over whether or not Erin Trudi Patterson, 50, of Leongatha, is guilty of murdering Don and Gail Patterson, 70, of Korumburra, and Gail’s sister Heather Wilkinson, 66, of Korumburra.

Ms Patterson is also charged with attempting to murder Heather’s husband Ian Wilkinson when she made individual parcels of beef Wellington laced with death cap mushrooms at a lunch on July 29, 2023, at Ms Patterson’s house in Leongatha, about 140km southeast of Melbourne in South Gippsland.

It also is possible the jury could be hung – failing to reach agreement – and a fresh trial ordered.

Justice Christopher Beale had told the jurors that they must come to unanimous agreement.

“You and you alone are best placed to decide whether the prosecution has proven their case beyond a reasonable doubt,” he said to the jury during the trial.

Before the jury retired at lunch-time on Monday, Judge Beale added: “With a reminder that whatever verdict you reach in relation to any of these offences that they must be a unanimous verdict.’’

“I now ask you to retire and consider your verdicts.’’

The jurors are brought into court each day at Morwell, in the Latrobe Valley, and can continue to debate the merits of the case for many days yet.

The defence reminded the jury in opening and closing arguments that it was up to the prosecution to establish that Ms Patterson intentionally poisoned her husband’s relatives.

The prosecution had argued that Ms Patterson had told a number of lies regarding the case and that she intended to serve the death cap mushrooms to the alleged victims. Lies included her denials that she had foraged for mushrooms and had owned a food dehydrator.

Ms Patterson explained her lies during her evidence.

Ian Wilkinson, a Baptist pastor, spent most of the trial when not giving evidence sitting in the court room with relatives.