Police finalise brief of evidence in Leongatha mushrooms case

Detectives have handed over their brief of evidence in the Leongatha death cap mushrooms case, with Erin Patterson’s ex-husband likely to be a key witness.

Erin Patterson is on remand awaiting trial on three counts of murder and five counts of attempted murder, three against ex-husband Simon Patterson. Picture: Brooke Grebert-Craig.

Homicide Squad detectives have finalised their brief of evidence in the Leongatha death cap mushrooms case, triggering discussions among defence lawyers about how to handle the matter.

Victoria Police confirmed on Friday that it had handed the brief of evidence over, in line with the magistrate’s demand that it be finished by March 25.

The brief is crucial to the case against Erin Trudi Patterson, 49, of Leongatha in South Gippsland, because it will detail the evidence against her, which will feed into how Ms Patterson runs her defence in the courts.

Before being detained, Ms Patterson vehemently denied any wrongdoing, stating she would never have harmed her former relatives.

Killed after a Beef Wellington was served by Ms Patterson last July were her former in-laws Don and Gail Patterson, both 70, and her former aunt through marriage Heather Wilkinson, 66.

She is charged with murdering the three elderly people and also with attempting to murder her former husband Simon Patterson, 49, several times and Heather Wilkinson’s husband Ian, 68.

Simon Patterson was not at the ill-fated lunch at Ms Patterson’s country home but was invited to attend the event, police will allege.

They also allege she had made previous attempts to kill Mr Patterson, who lives at nearby Korumburra, which is a 10 minute drive from her house.

The only other previous indication of the strength of the police case – or otherwise – against Ms Patterson was the formal record of interview, which was conducted last year.

Police have extensively searched Ms Patterson two storey home on the outskirts of town, about 135km south-east of Melbourne, including seizing electronic equipment and examining literature.

Police were granted a 20-week adjournment during the first court hearing.

The brief is expected to include witness statements that will form key parts of the prosecution case, with both Ian Wilkinson and Simon Patterson likely to be key witnesses.

At the time of the November 3 hearing last year, Ms Patterson’s lawyer Bill Doogue agreed to the 20 week delay and said the expectation was that proceedings could be drawn out.

“It’s likely to be a committal, and it could well go for a very long time,’’ he said.

Ms Patterson is expected to return to Latrobe Valley Magistrates’ Court on May 3 for a committal mention where she will appear via video link., with the length of the overall legal proceedings contingent on whether she opts to challenge some or all of the evidence at a contensted committal and how she pleads.

Ms Patterson was adamant last year that she had done nothing wrong.

“I can’t believe that this has happened, and I am so sorry that they have lost their lives,” Ms Patterson said.

“I didn’t do anything; I loved them. I just can’t fathom what has happened.”

Ms Patterson has engaged one of Australia’s most revered barristers to defend her.

Philip Dunn KC, who has worked on some of the biggest criminal cases in Australia including the Great Bookie Robbery in the 1970s, will defend 49-year-old Ms Patterson.

Mr Dunn has represented people including former WA premier Carmen Lawrence over perjury charges, late gangland boss Carl Williams and other gangland figures, and represented the wife of Melbourne society murders killer Matthew Wales, Maritza.

He is widely accepted to be one of the country’s greatest criminal lawyers.

The Herald Sun reported that Ms Patterson was in a protected unit at Victoria’s maximum security women’s prison alongside pedophile rapist school principal Malka Leifer.

Dame Phyllis Frost Centre is the logical place for Ms Patterson to be detained because of the dearth of prisons for women.

Prison officials would not comment but the high profile nature of the alleged crimes committed by Ms Patterson would place her under immediate scrutiny from other inmates, even if she is only on remand until the case is heard.

She has so far not been able to apply for bail.