Erin Patterson trial: Judge set to continue address on mushroom cook’s alleged incriminating conduct
The judge overseeing Erin Patterson’s murder trial will address jurors on her alleged lie about sourcing death cap mushrooms from an Asian grocer when the trial resumes on Thursday.
On Wednesday afternoon, Justice Christopher Beale turned to the topic of Ms Patterson’s alleged incriminating conduct, which he explained as acts the prosecution argued were “implied admissions of guilt”.
He said the prosecution argued the only reasonable explanation for the conduct was that Ms Patterson knew she was guilty, while the defence argued there were other reasonable explanations for the conduct.
Sign up to The Nightly's newsletters.
Get the first look at the digital newspaper, curated daily stories and breaking headlines delivered to your inbox.
By continuing you agree to our Terms and Privacy Policy.Ms Patterson, 50, is facing trial after pleading not guilty to murdering three members of her husband’s family – his parents, Don and Gail Patterson, and Gail’s sister, Heather Wilkinson.
Ms Wilkinson’s husband, Ian, survived the lunch and Ms Patterson has pleaded not guilty to a charge of attempted murder relating to his illness.
Prosecutors allege she deliberately secreted death cap mushrooms in a beef wellington lunch she hosted on July 29, 2023, with the four as guests.
Her defence, led by Colin Mandy SC, has argued the case is an accidental poisoning and his client did not intend to harm anyone.
On Wednesday, Justice Beale listed out the 15 acts of alleged incriminating conduct the prosecution argued were implied admissions of guilt.
Beginning with the first – that Ms Patterson allegedly lied about being unwell and faked death cap mushroom poisoning – the judge said it would make more sense to address it later.
“Some of the other alleged conduct is relied on by the prosecution to prove she was lying about being unwell,” he said.He moved on to a second alleged incriminating conduct act – that Ms Patterson refused treatment on her first presentation at Leongatha Hospital and discharged herself against medical advice.
After taking jurors through the evidence on the topic from Simon Patterson, Dr Chris Webster, nurse Kylie Ashton, Dr Veronica Foote and Ms Patterson herself, Justice Beale summarised the parties’ arguments.
He said prosecutors argued the only reasonable explanation for Ms Patterson’s unwillingness to receive emergency treatment was because she knew she did not consume death caps and had deliberately poisoned her guests.
Justice Beale said the defence argued that Ms Patterson did not refuse treatment but initially found it difficult to accept doctors suspected death cap poisoning, was not prepared to be admitted and intended to return after making arrangements.
The judge flagged he would move onto a third topic – her alleged lie about sourcing dried mushrooms from an Asian grocer – when the trial resumed on Thursday.
