Erin Patterson trial: Defence expected to conclude final remarks to jury

Lawyers acting for alleged mushroom poisoner Erin Patterson have suggested her decision to leave hospital after five minutes has “only one reasonable explanation”.

Continuing his closing address to the jury, defence barrister Colin Mandy SC took the jury to Ms Patterson’s presentation at Leongatha Hospital two days after the lunch on July 31.

He told the court Ms Patterson attended thinking she had gastro and needed a bag of saline, remarking she was “not prepared for what she walked into”.

Mr Mandy said there was immediately a “laser focus” on death cap mushrooms by hospital staff.

“It was an extremely intense five-minute interaction where she was told she’d be admitted and transferred to a hospital in Melbourne,” he said.

“She was not refusing treatment, she was saying there were things she needed to do... her brain was stuck on that.”

Ms Patterson is facing trial accused of murdering three of her husband’s family members, and the attempted murder of a fourth, with a poisoned beef Wellington lunch on July 29, 2023.

Simon Patterson’s parents, Don and Gail Patterson, and aunt, Heather Wilkinson, died in the week following the lunch while Heather’s husband, Ian Wilkinson, survived.

Prosecutors allege the 50-year-old deliberately sourced the deadly fungi and included it in the lunch intending to kill or at least seriously injure the four guests.

She has pleaded not guilty, with her defence arguing she did not intentionally poison the meal, labelling the case a tragic accident.

Judge’s ‘second Easter’ comment prompts laugh

Returning to court on Thursday morning, Justice Christopher Beale gave jurors an update on the next week of the trial.

He said Mr Mandy was expected to conclude on Thursday and jurors would be sent home so legal arguments could commence.

Justice Beale said he wouldn’t be starting his “charge” until Tuesday, giving the jury a long weekend.

“I will be sending you home again, think of it as second Easter,” he said to laughs from the jury.

“We’ll get stuck into it on Tuesday.

“My charge will take at least two days — I’m working hard to try and compress it but there’s quite a lot of information to deal with.”

Cook did not want husband dead: Defence

During his closing address to the jury on Wednesday, Mr Mandy said there was “no possible prospect” Ms Patterson wanted to kill her husband.

His comment came after Dr Rogers suggested the sixth beef Wellington Ms Patterson had prepared was “clearly intended” for her husband Simon Patterson.

“The prosecution case is: had Simon Patterson changed his mind and decided to attend the lunch after all, he, too, would have been served that sixth poisoned beef Wellington,” she said on Monday.

Previously the jury was told Ms Patterson had prepared six beef Wellingtons – one more than the number of people present at the lunch.

In the witness box the accused woman disputed the sixth was intended for her husband, saying it was just an “extra one” made because she had the ingredients and the steaks used came in twin packs.

Dr Rogers pointed to the accused woman’s evidence that if Simon had attended, she would have given him a beef Wellington too, and Ms Patterson’s final message to her husband after he told her the night before the lunch he wouldn’t come.

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

Mr Mandy told the jury it was “obvious from the tone of the message” his client did want him to come and was trying to guilt him into coming.

“The prosecution says the only reason she wanted him there was because she wanted to kill him as well. And that’s, we say, an absurd theory,” he said.

“That would have had the result of removing from the children’s lives their father, their grandparents, Simon’s aunt and uncle.

“There’s no possible prospect that Erin wanted in those circumstances to destroy her whole world, her whole life. Surely it’s more likely that her account is true.”

Also on Wednesday, Mr Mandy said he expected to conclude his remarks on Thursday morning.

The update follows trial judge Justice Christopher Beale advising jurors earlier this week he would wait until Monday to begin his summing up of the case and charge, and that he expected this would take a couple of days.

The jury would then be sent out to deliberate.

The trial, now in its eighth week, continues.