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Erin Patterson pleads not guilty to three charges of murder and five counts of attempted murder

In another dramatic twist, Erin Patterson has opted to forgo a major step in the legal process, instead heading straight to trial in the Supreme Court. Here’s what it means for the accused mushroom cook.

Erin Patterson was charged with three counts of murder and five counts of attempted murder. Picture: Brooke Grebert-Craig
Erin Patterson was charged with three counts of murder and five counts of attempted murder. Picture: Brooke Grebert-Craig

Accused mushroom murderer Erin Patterson has formally entered not guilty pleas to three charges of murder and five of attempted murder, with her case to be fast-tracked for trial to the Supreme Court.

The 49-year-old appeared in the Latrobe Valley Magistrates’ Court where she pleaded not guilty to all charges on Tuesday, as the locations of her alleged attempts to kill her husband, Simon Patterson were amended.

The accused killer appeared via video link from the protective unit at Dame Phyllis Frost Centre wearing reading glasses and a blue prison jumper, with her hair pulled back.

Her hands were placed one on top of the other as she calmly entered her pleas.

Ms Patterson responded, “Not guilty, Your Honour” when Magistrate Tim Walsh asked her how she pleaded to all the charges against her.

A sketch of Erin Patterson during her second court appearance via video link from Dame Phyllis Frost Centre.
A sketch of Erin Patterson during her second court appearance via video link from Dame Phyllis Frost Centre.

They include charges of murder of her former in-laws Don and Gail Patterson, and Gail’s sister, Heather Wilkinson following a beef wellington lunch at her home in Leongatha on July 29, 2023.

The dish was allegedly laced with death cap mushrooms.

She also pleaded not guilty to attempted murder charges relating to Heather’s husband, Ian Wilkinson, who survived the meal, and her ex-husband, Simon Patterson, who was due to attend the lunch but pulled out at the last minute.

A further three attempted murder charges relate to Simon, with the locations of these accused crimes being changed to Korumburra – where Simon lives – Howqua in the state’s northeast, and Wilsons Promontory.

Mr Walsh confirmed with Ms Patterson’s defence barrister, Colin Mandy SC, that he had received instructions to ask for a fast-tracked case and that his client “fully understands what’s occurring?”.

“We have and she does,” Mr Mandy replied.

Ms Patterson’s decision to forgo a committal hearing in the Magistrates’ Court her trial is likely to be heard much more quickly at the Supreme Court of Victoria.

She was ordered to appear at the Supreme Court for a directions hearing on May 23.

Preliminary hearings in the Supreme Court are not permitted to be reported, meaning it’s unlikely the public will learn any more about the case until it goes to trial.

Mr Walsh confirmed that the Latrobe Valley Magistrates’ Court had been able to hear the committal this year, but that any dates were not suitable for Ms Patterson’s high profile lawyer, who had no availability that suited the court until 2025.

But that will no longer be an issue, as her lawyers will now be preparing her case for trial in front of a jury.

What is fast tracking?

Fast-tracking is when a criminal case is sent straight to the Supreme Court instead of first having a committal hearing in the Magistrates’ Court. In place of a committal hearing, evidence is tested and witnesses cross-examined in pre-trial hearings.

Who can do it?

Anyone charged with murder, manslaughter and attempted murder. Fast tracking cases was introduced during the Covid-19 pandemic to relieve some of the backlog in the lower courts.

What are the benefits?

Fast tracking your case means you’ll get a trial date sooner. Erin Patterson was likely to have her committal hearing in 2025, which meant her trial would have likely been listed in 2026. By fast tracking her case, she may face trial as soon as early 2025. It’s not expected that the Supreme Court would have any trial availability this year.

Fast tracking also means an accused avoids the cost of a committal hearing, where weeks of evidence may have been tested at a cost of hundreds of thousands of dollars. Some of Victoria’s top barristers when appearing for a one-day committal hearing charge $12,000 a day. Erin Patterson is paying for her own defence as she has not qualified for Legal Aid funding.

What’s next for Ms Patterson?

Erin Patterson will return to court on May 23 for a directions hearing in the Supreme Court of Victoria. It’s an administrative hearing where a judge or a judicial registrar will make orders to progress the case and get it ready for trial. Media is not permitted to report on directions hearings.

Originally published as Erin Patterson pleads not guilty to three charges of murder and five counts of attempted murder

Original URL: https://www.thechronicle.com.au/truecrimeaustralia/the-mushroom-cook/erin-patterson-set-to-learn-whether-her-case-will-be-heard-at-morwell-court/news-story/1ff320bf16aff8a7959f6d8f68d90e46