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The court heard that Simon Patterson first noticed a change in his relationship with Erin in 2022.
On one occasion, when he was dropping the children off, Erin expressed concern that he had listed himself as “separated” in his tax return.
Simon offered to change that, the court heard, but Erin told him she would expect child support.
“Issues arose concerning the payment of child support, including whether Simon should make additional payments outside of child support for expenses such as school fees,” Rogers said.
Later, at the start of term three in 2023, Erin Patterson changed her children’s school without consulting Simon.
Three or four weeks before the deadly lunch, Erin Patterson told her in-laws Don and Gail that she had a lump in her elbow that required testing, and she had an appointment at St Vincent’s Hospital on 28 June 2023, Rogers said.
The day of the appointment, Gail texted Erin to ask how the appointment had gone. The following day, Erin responded that the appointment went well. She told Gail she had had a biopsy done, and she would be returning to hospital for an MRI.
“The accused later responded that there was a bit to digest with everything that’s come out, and that she might talk more about it with them in person,” Rogers said.
During her opening address, Crown prosecutor Dr Nanette Rogers delved into the relationship between Erin Patterson and her in-laws, Gail and Don Patterson.
After Simon and Erin separated, the court heard that both Gail and Don Patterson remained on amicable terms with the accused.
Gail and Don Patterson
Don was a school teacher and Gail was a homemaker, the jury heard.
Dr Nanette Rogers also spoke about Ian and Heather Wilkinson, who were also at the lunch on July 29, 2023.
Ian has been the pastor of the Korumburra Baptist Church since 1999. Heather worked as an English teacher.
Rogers says that despite their separation in 2015, Simon Patterson remained hopeful that he would reunite with Erin Patterson at some point. They continued to communicate with members of the Patterson family through a Signal messaging app.
The jury has heard, during the prosecution’s opening address, that from about 2019, Patterson formed connections with online associates through a Keli Lane true crime Facebook page.
Over time, splinter groups formed to discuss current affairs and their personal lives.
Patterson used a number of profiles, including under the names Erin Erin, Erin Patterson and Erin Erin Erin.
Erin Patterson.Credit: Jason South
Crown prosecutor Nanette Rogers, SC, is now describing how Erin Patterson met her former husband, Simon, while working at Monash City Council in the early 2000s and how the pair separated several times during their marriage until finally separating in late 2015.
The couple lived separately from that point but remained amicable, the court was told.
The pair attended the same church, the Korumburra Baptist Church. Simon handled the technical aspects during services, and Patterson assisted with managing the online livestream.
Erin Patterson (left) and Simon Patterson.
During Rogers’ opening address, the jury was shown photographs of Erin Patterson’s home, including a dining table. They were also shown a family tree of the Patterson and Wilkinson families.
Crown prosecutor Nanette Rogers, SC, is about to open the case.
In courtroom 4 of the Latrobe Valley justice precinct in Morwell, Rogers begins with a brief rundown of the events on July 29, 2023 – the day Patterson served beef Wellington to her lunch guests at her home in Leongatha.
By midday the next day, Rogers said, the lunch guests had all presented to either Korumburra or Leongatha hospitals. Over the following days, their condition declined, and they were taken to metropolitan Melbourne hospitals for treatment.
From left: Ian Wilkinson, Erin Patterson and Simon Patterson.
“Ian Wilkinson was the only lunch guest to survive following a long stay hospital,” Rogers told the jury.
Rogers said doctors clinically diagnosed each of the four guests with having consumed death cap mushrooms.
Simon Patterson, Erin Patterson’s husband, was also invited to the lunch but declined to attend, the court heard.
Erin Patterson’s two children were not home at the time of the lunch, Rogers said.
Patterson’s son and a friend were dropped off by Simon Patterson at Erin Patterson’s home about 2.30pm after going to the movies. Her daughter was dropped off later that evening.
Rogers said Erin Patterson made no mention of feeling unwell to her son that afternoon.
After the lunch, about 3pm, Heather Wilkinson met with the secretary and treasurer of the Korumburra Baptist Church, and told them they’d had a lovely lunch. Wilkinson told them they had eaten beef Wellington, and that it was “delicious and beautiful”, Rogers said.
Supreme Court Justice Christopher Beale has now moved to the checklist for the charge of attempted murder.
He is explaining to the jury that the prosecution must prove beyond reasonable doubt that Erin Patterson consciously, voluntarily and deliberately served Ian Wilkinson a poisoned meal. They also have to prove that Patterson’s conduct was more than merely preparatory to killing Wilkinson, and that the conduct was immediately and not remotely connected with killing Wilkinson.
The prosecution will also have to prove beyond reasonable doubt that Patterson intended to kill Wilkinson and that she had no lawful justification or excuse for her actions.
Ian Wilkinson.Credit: Jason South
“One of the things that will jump out, jump out at you immediately, is that the relevant intention is an intention to kill. Nothing else suffices for the crime of attempted murder, insofar as the accused state of mind is concerned, has to be an intention to kill.”
The hearing is now under way.
Supreme Court Justice Christopher Beale has started by reminding the jury of the four elements of murder and attempted murder, using a jury checklist.
Beale is explaining that the checklists will be uploaded to the iPads that jurors will be provided access to.
The jury will be briefed on how to use the devices later in the hearing.
The prosecution must prove the following four elements beyond reasonable doubt. One, the accused caused the death of the deceased by serving the deceased a poison meal. Two, the accused alleged conduct was conscious, voluntary and deliberate. Three, at the time of the alleged conduct, the accused intended to kill or cause really serious injury to the deceased. And four the accused killed the deceased without lawful justification or excuse.”
Beale is reminding the jury that the prosecution must prove each of the elements beyond reasonable doubt to find Erin Patterson guilty of murder.
Erin Patterson is accused of murdering Don and Gail Patterson.
The defence’s case, Beale says, is that Patterson didn’t deliberately serve a poisoned meal to her guests, but rather that it was an accident.
“It’s for the prosecution to prove that she served up the poisoned meal consciously, voluntarily, and deliberately,” he said.
Beale is also explaining to the jury that an intention to kill or cause serious injury is sufficient proof of intention for the charge of murder. “Many people may think, oh, for a murder charge, only an intention to kill would suffice. But that’s not the case,” he said.
Erin Patterson has arrived in the courtroom.
She’s dressed in a blue and white striped shirt. A woman seated in the front row was seen winking at the accused.
Erin Patterson.Credit: Jason South
The lawyers representing Erin Patterson have just arrived at court.
Patterson is represented by Colin Mandy, SC, and fellow barrister Sophie Stafford. Lawyers Bill Doogue and Ophelia Holloway.
Erin Patterson’s legal team arrives at court.Credit: Jason South
A large media pack has now gathered outside the courthouse in the Latrobe Valley legal precinct in Morwell, about 150 kilometres east of Melbourne, in Gippsland.
The Latrobe Valley Law Courts where the case is being heard.Credit: Jason South
Reporters were conducting live crosses outside the Latrobe Valley justice precinct for morning TV shows from 5.30am.
Worldwide interest in the mushroom lunch trial has prompted some international media outlets, such as Daily Mail UK, to send correspondents to Gippsland to cover the case.
