Erin Patterson mushroom murder trial: Jury shown two minute visit to BP service station for ‘toilet’ stop

Stopping at a petrol station just over 24 hours after the fatal lunch, Erin Patterson visited the bathroom and bought snacks, her triple murder trial has been told.

In the footage, Ms Patterson can be seen arriving at the petrol station in her red MG car and making a beeline for the bathroom wearing a grey long-sleeved top and white pants.

She leaves the rest room nine seconds later, before spending about two minutes roaming the store picking items before paying and leaving.

Giving evidence on Tuesday, homicide squad detective Senior Constable Khuong Tran said he attended the petrol station to obtain the videos on August 28 as part of a police probe into the deaths.

Shortly after the CCTV was played, Constable Tran was stood down from the witness box and the jury was sent home for the day about 45 minutes early.

The trial judge, Justice Christopher Beale, told jurors there were legal discussions that needed to take place.

Ms Patterson is facing trial accused of murdering her husband Simon Patterson’s parents, Don and Gail Patterson, and his aunt Heather Wilkinson with a poisoned beef Wellington served on July 29, 2023.

She is also accused of attempting to murder Heather’s husband Ian Wilkinson, with her defence arguing the poisonings were not deliberate.

At the start of the trial, Crown prosecutor Nanette Rogers SC told the jury it was alleged the morning after the lunch, Ms Patterson told her children she’d been sick all night.

“She said she then experienced diarrhoea later that evening, occurring every 20 minutes and lasting all night,” Dr Rogers said.

That afternoon, the jury was told, Ms Patterson drove her teenage son to Tyabb – about a 90 minute drive away – for a flying lesson.

On the journey, she stopped at a BP service station in Caldermeade, where Ms Patterson purchased sour confectionery, a ham, cheese and tomato sandwich and a sweet chilli chicken wrap, after stepping into the bathroom for 9 seconds.

About 20 minutes later, the jury was told, the flight instructor called Ms Patterson, cancelling the lesson due to bad weather.

They were close to Tyabb, but she turned around and drove back to Leongatha.

“They drove without any indication from the accused that she needed to use the toilet,” Dr Rogers said.

“At no stage during the whole trip did the accused use a toilet or indicate that she needed to use a toilet.”

Ms Patterson has pleaded not guilty to three counts of murder and one count of attempted murder.

Gail Patterson and Heather Wilkinson both died on August 5 of death cap mushroom poisoning while Don Patterson died the following day.

Ian Wilkinson slowly recovered and was discharged from hospital in mid September.

Prosecutors allege Ms Patterson deliberately spiked the lunch with “murderous intent”, while her defence argues the case is a “tragic accident”.

The trial continues.