Erin Patterson trial: Alleged mushroom poisoner gives evidence for seventh day

Alleged triple-killer Erin Patterson has denied claims her interest in foraging for mushrooms was “a story you made up for this jury”, her trial has been told.

Alleged death cap mushroom cook Erin Patterson has denied she made up a story about being interested in foraging for wild mushrooms, the jury in her trial has been told.

Ms Patterson is facing trial accused of murdering three of her husband’s relatives with a deliberately poisoned lunch she hosted in the country Victorian town of Leongatha on July 29, 2023.

She is also accused of the attempted murder of a fourth relative, who recovered after falling ill. She has pleaded not guilty to all charges.

The 50-year-old returned to the witness box on Wednesday morning for her seventh day of giving evidence as she continued to face questions from Crown prosecutor Nanette Rogers SC.

Dr Rogers took Ms Patterson to records from a computer seized from her home asking Ms Patterson if she accepted there were no records found relating to edible or non-toxic mushrooms.

“No,” she responded.

Erin Patterson has pleaded not guilty to counts of murder and attempted murder. Picture: Supplied.

Dr Rogers then told the court police had catalogued 423 books from her home, asking Ms Patterson if she accepted “not a single one in your house is about foraging”.

Ms Patterson agreed there “probably isn’t” but also mentioned she had a lot more books than that.

She told the court there was “hundreds more” in tubs in the garage when police searched her home on August 5, 2023.

Ms Patterson then confirmed that within about 600 pages of Facebook message sent to her online friends in December 2022 and 4000 pages of messages to her husband between June 2021 and December 2022 there was no mention of foraging or eating wild mushrooms.

Dr Rogers then took Ms Patterson to the evidence of her two children.

“I suggest your children never knew you to pick mushrooms?” she asked.

“Disagree,” Ms Patterson responded.

‘This is a story you have made up for this jury, agree or disagree?” Dr Rogers followed.

“Disagree.”

Ms Patterson returned to the witness box on Wednesday. Court sketch: NewsWire / Anita Lester

Prosecutors allege she spiked the meal with death cap mushrooms with “murderous intent”, while her defence say she did not intend to poison anyone and the case is a tragic accident.

Don Patterson, his wife Gail Patterson and Gail’s sister Heather Wilkinson died in the week following the lunch while Heather’s husband Ian Wilkinson survived.

Erin concedes clinic doesn’t offer gastric bypass surgery

Ms Patterson was taken to a police statement and her clinic records obtained from the ENRICH Clinic in Melbourne on Tuesday which confirmed the clinic never offered gastric bypass surgery.

Giving evidence last week, Ms Patterson had said she has a pre-assessment scheduled at the clinic in September 2023 for the surgery.

She told the court she “wanted to do something for once and for all” abut her eating habits and weight and had planned to have the weight loss surgery.

She said she was embarrassed by this and was planning to use fake medical tests for a lump on her arm as cover for the surgery.

“I thought perhaps letting them believe I had some serious issue that needed treatment might mean they’d be able to help me with the logistics around the kids and I wouldn’t have to tell them the real reason,” she said last week.

On Wednesday, Ms Patterson conceded the ENRICH clinic did not, and had never, offered gastric bypass surgery, only offering examinations and procedures relating to “skin and its appendages such as hair and nails”.

‘Never heard before’: Crown’s claim on mushroom foraging

After the lunch break, Dr Rogers began questioning Ms Patterson about her “claims” of experience foraging wild mushrooms.

“In your evidence to this jury I suggest you have laid new claims about foraging?” Dr Rogers asked.

“What do you mean by new?” Ms Patterson responded.

The accused woman confirmed she told police in her interview on August 5, 2023, she had not foraged for mushrooms.

“In your evidence to this jury we are hearing for the first time your claims to foraging mushrooms,” Dr Rogers said before Ms Patterson’s barrister Colin Mandy SC objected to the question.

Justice Christopher Beale asked Dr Rogers to rephrase the question.

“I take it what you’re wanting to get at is that there’s no evidence of Ms Patterson telling police, other witnesses in the case, she foraged for mushrooms,” Justice Beale asked.

“Yes,” Dr Rogers said before rephrasing the question. 

“In the evidence, in this trial, you told a number of people you hadn’t foraged for mushrooms?” the prosecutor asked.

“I told the police I had never foraged but I didn’t say that to the other witnesses, I told them I’d not put foraged mushrooms in the meal,” Ms Patterson responded.

Dr Rogers told Ms Patterson in her evidence to the jury she said she’d foraged for wild mushrooms between 2020 and 2023, questioning “you never told anyone before now?”.

Mr Mandy objected again and the jury stood down.

When they returned Dr Rogers moved the topic of questioning to electronic devices located at Ms Patterson’s home.

Mushroom cook quizzed on reaction to concerns for children

Under questioning from Dr Rogers, Ms Patterson confirmed she did not immediately act to get her two children medical attention after being warned there were poisoning concerns.

She told the court the first time concerns were raised about her children was after her second visit to Leongatha Hospital at 9.48am on July 31.

She said she informed Dr Chris Webster she had fed her son and daughter leftovers of the beef wellington, with pastry and mushrooms scrapped off, the night after the lunch.

Ms Patterson confirmed Dr Webster said the children needed to be “medically reviewed” and she “probably” responded with; “it it really necessary?”

Simon’s parents, Don and Gail Patterson, died a day apart in early August 2023. Picture: Supplied

Dr Rogers suggested that if Ms Patterson thought there was a risk her children had been poisoned, she’d be worried.

“I didn’t think they’d eaten a fatal poison, it was made clear to me the issue was mushrooms and they did not eat the mushrooms,” she responded.

“I didn’t think that was a real risk at that time.”

Dr Rogers suggested Ms Patterson did not take immediate steps to get her children, who were in school, to medical attention and called Simon Patterson more than an hour later to ask him to facilitate taking them to hospital.

“That’s probably true,” she replied.

“You knew their lives were not at risk?” Dr Rogers asked.

“Incorrect,” Ms Patterson responded.

Dr Rogers suggested Ms Patterson had told “well over a dozen people” her children had eaten the leftovers as an effort to distance herself from a deliberate poisoning.

“I don’t see how it could, but I disagree anyway,” she said.

Erin denies she visited Loch and Outtrim after online death cap postings

Dr Rogers tool Ms Patterson to evidence from telecommunications expert professor Matthew Sorrell that indicate a “possible” hour-long visit to the nearby town of Loch on April 28.

Previously, the jury heard evidence that Christine McKenzie posted a sighting of death cap mushrooms at the Loch recreation reserve on April 18 on the citizen science website iNaturalist.

Professor Matthew Sorrell gave evidence earlier in the trial about analysis of Ms Patterson’s phone records. Picture: NewsWire/ David Crosling

Asked if she travelled to Loch on that day, Ms Patterson said “I don’t know” but she denied visiting the town to locate death caps.

“I suggest you had no legitimate reason to travel to Loch, correct or incorrect?” Dr Rogers asked.

“Incorrect,” Ms Patterson replied.

Dr Rogers told the court within two hours of the possible visit, Ms Patterson had driven to a homeware store to buy a dehydrator at 12.17pm.

“I did buy that that day, yes,” she said.

Dr Rogers told the court professor Sorrell had identified another possible visit to Loch on May 22, alongside a possible visit the same day to the town of Outtrim where Dr Tom May gave evidence he posted about death caps on iNaturalist on May 21.

Ms Patterson denied visiting the two locations to search for death caps.

Asked if she had no legitimate reason to travel to Outtrim on May 22, Ms Patterson denied this.

But she did say she didn’t believe she’d ever travelled to Outtrim “as a destination”.

“Is your evidence you passed through?” Dr Rogers asked.

“That is possible,” Ms Patterson said.

Lunch survivor Ian Wilkinson was present in court. Picture: NewsWire/Ian Currie

Asian grocer purchase not ‘wild goose chase’

Questioning Ms Patterson about her account of purchasing dried mushrooms from an Asian grocer, Dr Rogers suggested that it was a “deliberate lie”.

“Incorrect,” the accused woman responded.

The jury was told that Ms Patterson was quizzed by health authorities about the source of the mushrooms used in the beef wellington lunch and said she used fresh mushrooms from Woolworths and dried mushrooms from a Melbourne grocer.

She told doctors and public health officers that she could not recall where the mushrooms were bought but thought it was about April 2023 and in the eastern suburbs.

Crown prosecutor Nanette Rogers SC began questioning Ms Patterson last week. Picture: NewsWire/ David Crosling

Dr Rogers asked Ms Patterson if she was “very familiar” with the Mount Waverley area, given she owned a home there and previously worked for the Monash council – she disagreed.

“I suggest familiar with the adjourning areas, including Oakleigh, Clayton and Glen Waverley?” Dr Rogers asked. 

“I’m familiar with them, yes,” Ms Patterson responded.

“I suggest you were deliberately vague about the suburb?” the prosecutor questioned.

“Incorrect,” Ms Patterson replied.

She was next taken to her police interview on August 5, 2023, in which she said she’d been “very, very helpful” with a Department of Health investigation.

“I suggest you weren’t very very helpful?” Dr Rogers asked.

“I was trying to be,” Ms Patterson replied.

“In fact you sent them on this wild goose chase,” Dr Rogers continued.

“Incorrect,” Ms Patterson said.

Defence barrister Colin Mandy SC. Picture: NewsWire/Ian Currie

Erin says she ate 1kg of mushrooms in 5 days

Dr Rogers took Ms Patterson to her Woolworths rewards records that indicated that she purchased 1kg of sliced button mushrooms on July 23 and a further 750g on July 27.

Ms Patterson agreed.

The jury were shown the RecipeTin Eats recipe for beef wellington Ms Patterson said she used. It called for 700g of mushrooms and said it would feed 6-8 people.

“So you had 1.75kg sliced button mushrooms, correct or incorrect?” Dr Rogers asked.

“Incorrect,” Ms Patterson replied.

Dr Rogers then asked: “What was the weight you said you had?”

“750g,” Ms Patterson responded.

She told the jury that she ate the 1kg of mushrooms herself between July 23 and 27.

“I suggest that is an untruth, agree or disagree?” Dr Rogers asked.

“Disagree,” Ms Patterson responded.

Cook denies sixth meal was for husband

Giving evidence at her trial on Tuesday, Ms Patterson was quizzed about a sixth beef wellington she prepared ahead of the lunch.

She denied a suggestion by Dr Rogers that the dish was made for Simon Patterson, her estranged husband, if he changed his mind and attended.

“I didn’t make that sixth one for Simon,” she replied.

“I did not make that one for him … it was just an extra one. Simon wasn’t coming.”

Earlier in the trial, Simon told the jury that he’d been invited two weeks before the lunch alongside his parents and aunt and uncle, initially agreeing to attend.

But the evening before the lunch, he texted Ms Patterson to decline.

“Sorry, I feel too uncomfortable about coming to the lunch with you, mum, dad, Heather & Ian tomorrow,” the message read.

Simon Patterson didn’t attend the lunch. Picture: NewsWire / David Geraghty

Ms Patterson responded saying it was “really disappointing” and urging Simon to change his mind.

“I’ve spent many hours this week preparing lunch for tomorrow … and spent a small fortune on beef eye fillet to make beef wellingtons because I wanted it to be a special meal,” she wrote.

“It’s important to me that you’re all there tomorrow and that I can have the conversations that I need to have.

“I hope you’ll change your mind. Your parents and Heather and Ian are coming at 12.30. I hope to see you there.”

Ms Patterson told the jury she was “hurt” Simon didn’t want to come and may have exaggerated.

“I guess I wanted him to feel a little bit bad about cancelling at the last minute after he would have known I’d done a lot of preparation,” she said.

Asked last week what happened to the sixth beef Wellington, Ms Patterson told the jury she placed it into her fridge to deal with later.

She said she served the meal, with the pastry and mushroom scrapped off, to her two children for dinner the day following the lunch.

Ms Patterson denied a suggestion by Dr Rogers that she did not feed the meat from this meal to her children, but she did agree the meat was removed.

“I did do that,” the accused woman said.

“And where was it put?” Dr Rogers asked.

“Into my children’s stomachs,” Ms Patterson responded.

The trial, now in its seventh week, continues.

Originally published as Erin Patterson trial: Alleged mushroom poisoner gives evidence for seventh day