Erin Patterson trial: Mushroom cook denies photo shows death caps in dehydrator

Alleged triple-murderer Erin Patterson denies she told her lunch guests she had a cancer diagnosis and wanted advice on how to break it to her children, the jury has heard.

Alleged mushroom poisoner Erin Patterson has denied telling her lunch guests she had cancer and asking for advice on how to break the news to her children, the jury in her triple-murder trial has heard.

Ms Patterson, 50, is facing trial accused of murdering Simon Patterson’s parents and aunt and the attempted murder of his uncle after the four guests fell critically ill following a lunch at her Leongatha home on July 29, 2023.

She has pleaded not guilty, with her defence arguing the case was not deliberate poisoning but a tragic accident.

Giving evidence on her fourth day in the witness box on Thursday, Ms Patterson was grilled at length by Crown prosecutor Nanette Rogers SC about her “so-called cancer diagnosis”.

Earlier in the week, the alleged killer admitted she feigned receiving a series of medical tests, including a needle biopsy and an MRI, claiming she was concerned about a lump on her elbow “at one point” but was planning to use the medical test ruse as cover for a gastric bypass 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 on Wednesday.

Erin Patterson has pleaded not guilty to three counts of murder and one count of attempted murder. Picture: 9News

Dr Rogers suggested Ms Patterson continued the “fiction” to her husband Simon Patterson’s parents, Don and Gail, expecting them to tell Simon so he would be less likely to reject the lunch invitation.

“The answer is no because I would not expect her to tell him any of that,” she responded.

“They made me feel loved and cared for in the way they were asking be about my health … so I just kept going.”

Dr Rogers asked Ms Patterson if she told guests at the lunch on July 29, 2023, she had cancer.

“I don’t think I put it that precisely,” she said.

“I don’t remember saying I had a diagnosis.”

The prosecutor continued the line of questioning, asking if she agreed that “even in your evidence yesterday” Ms Patterson told the lunch guests she had upcoming treatment for cancer.

“I can’t remember the exact words I used, as to whether I said ‘I had’ or ‘I might need to’, but I was trying to communicate that there might be some treatment coming up,” Ms Patterson responded.

Dr Rogers suggested Ms Patterson wanted her guests to believe she would be receiving cancer treatment, which she agreed with.

Dr Rogers then took Ms Patterson to the evidence of Ian Wilkinson, who said she had asked for advice on how to break the news of her “life-threatening” diagnosis.

In response, Ms Patterson suggested Mr Wilkinson was wrong, saying there was “nothing to tell the kids”.

“I suggest that you never thought you would have to account for this lie about having cancer, because you thought that the lunch guests would die?” Dr Rogers asked.

“That’s not true,” Ms Patterson responded.

Lunch survivor Ian Wilkinson attends court with family. Picture: NewsWire / Luis Enrique Ascui

‘Lethal dose’: Cook grilled on mushroom pic

Ms Patterson was taken to a series of images police located in cache records from the Google Photos app on a Samsung tablet.

She confirmed the photos were “likely” taken by her, and depict her kitchen bench, dehydrator and scales.

“I only phrase it that way I don’t have a specific memory of taking the photo,” the alleged killer said.

Dr Rogers took Ms Patterson to the evidence of mycologist Dr Tom May who said one image of mushrooms on a dehydrator tray being weighed was “consistent with Amanita Phalloides (death cap mushrooms)”.

The image, Dr Rogers said, was recorded in metadata as being last modified on May 4, 2023.

The prosecutor suggested these were death cap mushrooms Ms Patterson collected from the nearby town of Loch after seeing a post on citizen science website iNaturalist.

“That is not correct,” Ms Patterson replied.

Dr Rogers suggested the image depicts her weighing the mushrooms so she could “calculate the lethal dose”.
“Disagree,” Ms Paterson said.

Judge gives update on trial

After a short break, jurors were given an update on the trial, now in its sixth week, by trial judge Justice Christopher Beale.

The judge said it was likely Ms Patterson would remain in the witness box until at least the end of the week and following that, there would need to be a break for legal discussions.

“Those discussions may take a couple of days,” he said.

Justice Beale said there was a “possibility” there may be more evidence called in the trial before closing addresses from the prosecution and defence.

“Each of those could take a couple of days which would see out that week,” he said.

Jurors would then be given directions, he said, before they were sent off to deliberate.

“So my final directions to you could take a couple of days, then the boot is on the other foot because none of you can tell me how long deliberations will take,” Justice Beale said.

Ms Patterson’s defence team including Sophie Stafford (left), Colin Mandy SC (centre) and Bill Doogue (right). Picture: NewsWire / Luis Enrique Ascui

Prosecution begins with rapid fire questions about lies to police

Crown Prosecutor Nanette Rogers SC starts off her line of questioning at a rapid pace, asking Ms Patterson to confirm she lied to police about owning a dehydrator, dehydrating food stuffs and foraging for mushrooms.

Ms Patterson confirms this is the case.

The prosecutor takes the accused woman through a series of exhibits, including photos found on her tablet of mushrooms and a dehydrator, an invoice showing she purchased the dehydrator on April 28, 2023, and photos of her disposing of it at the tip on August 2.

“You rushed out to get rid of the evidence, you lied to the police because you knew you had used the dehydrator?” Ms Rogers asks.

“No I didn’t know that,” Ms Patterson replied.

“You knew if you told the police it would implicate you in the deliberate poisoning?” the prosecutor follows with.

“No, it’s not correct,” she responds.

A court sketch of Ms Patterson in the witness box on Monday. Picture: NewsWire / Anita Lester

Erin denies deliberately harming lunch guests

Defence barrister Colin Mandy SC then took Ms Patterson through a series of propositions he said related to the prosecution case.

She is asked if she lied about only cooking one batch of beef wellingtons, responding; “No, I didn’t lie”.

Mr Mandy then runs through a series of questions, including whether she lied about purchasing mushrooms from an Asian grocer, her children eating the leftovers, and pretending to be sick following the lunch.

Each Ms Patterson denies.

The barrister carries on asking about whether Ms Patterson ever deliberately picked death cap mushrooms and intentionally included them in the lunch.

Again Ms Patterson denies this is the case.

Going through the four lunch guests, Don, Gail, Ian and Heather, Mr Mandy first asks if she intended to kill, seriously injure or harm them.

Her voice faltering, Ms Patterson replies; “no, I did not” to each.

Mr Mandy then closes his examination in chief and hands over Ms Patterson to Crown Prosecutor Nanette Rogers SC.

Don and Gail Patterson died a day apart in early April. Picture: Supplied

‘Stupid’: Why Erin says she lied to police

Giving evidence on Thursday, Ms Patterson was asked by her barrister if she had lied to police in her record of interview when she denied owning a dehydrator, dehydrating things and ever foraging for mushrooms.

She confirmed she had.

Asked why, Ms Patterson said it occurred “in the context of thinking mushrooms I had foraged … had made people sick”.

“It was this stupid knee-jerk reaction to dig deeper and keep on lying, I was scared,” she said.

Mushroom cook admits lies to husband, in-laws

Taking the stand following the closure of the prosecution case this week, Ms Patterson was asked by her barrister Colin Mandy SC about a message exchange with her husband.

Earlier in the trial, the jury was told the pair separated in 2015 but remained amicable as they continued to co-parent their two children.

Reading the messages, Mr Mandy said the evening before the lunch Simon Patterson declined an invitation he’d earlier agreed to.

“Sorry, I feel too uncomfortable about coming to the lunch with you, mum, dad, Heather & 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. Just let me know,” the message read.

Ms Patterson responded saying; “That’s really disappointing. 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 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.”

Simon Patterson gave evidence earlier in the trial. Picture: NewsWire / David Geraghty

Asked about her reaction, Ms Patterson told the jury she felt a bit hurt and a bit stressed by Simon’s message.

Questioned by Mr Mandy if the reply was true, she said: “Apart from the fact that I’d spent a small fortune on beef eye fillet and I wanted it to be special, the rest was exaggeration.”

She told the court she exaggerated because she wanted him to attend so she could discuss an upcoming medical procedure, specifically about sorting out plans for the care of their son and daughter.

Earlier in the day, Ms Patterson told the jury she had misled Simon’s parents, Don and Gail Patterson, about needing a series of tests on a lump on her elbow.

She said earlier the same year she had a lump but it resolved itself and she was planning to use it as a cover to get gastric bypass surgery.

“I had come to the conclusion that I wanted to do something, for once and for all about my weight and my poor eating habits. So I was planning to have gastric bypass surgery and so I remember thinking I didn’t want to tell anybody what I was going to have done,” she said.

“I was really embarrassed about it, so 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.”

Don and Gail Patterson died a day apart in early August. Picture: Supplied

The jury was shown a series of messages between Ms Patterson and Gail Patterson over a few weeks in June where she kept up the charade, writing to her mother-in-law that she was waiting for the results of a biopsy and then needing an MRI.

Asked “were those lies?” by Mr Mandy, Ms Patterson confirmed “yes”.

“They had shown quite a lot of care about that, which felt really nice … I didn’t want their care of me to stop, so I just kept it going. I shouldn’t have done it,” she said.

Ms Patterson told the court she “shouldn’t have” said those things to Simon but wanted him to feel bad about cancelling at the last minute.

Asked by her barrister whether it was true when she said she’d spent “many hours” preparing for the lunch, the accused woman confirmed it was not.

“I didn’t do any preparing other than shopping and researching the recipe, so I guess the answer to your question is, no, it wasn’t true,” she said.

“I didn’t mean to do any of that. I shouldn’t have done any of that, but that’s what I was thinking at the time.”

Ms Patterson is expected to return to the witness box on Thursday. Picture: NewsWire / Paul Tyquin

Don and Gail Patterson and Gail’s sister Heather Wilkinson died in early August 2023 from organ failure linked to death cap mushroom poisoning.

Heather’s husband Ian Wilkinson recovered after about a month and a half in hospital.

Ms Patterson is expected to return to the witness box on Thursday, where Mr Mandy told the jury he had about 15 minutes more of questions, before she is turned over to the prosecution to question.

The trial continues.

Originally published as Erin Patterson trial: Mushroom cook denies photo shows death caps in dehydrator