
By PAUL SHAPIRO AND WAYNE FLOWER FOR DAILY MAIL AUSTRALIA
Published: | Updated:
Follow Daily Mail Australia’s live coverage of accused mushroom chef Erin Patterson‘s murder trial at Latrobe Valley Magistrates’ Court in Morwell, Victoria.
Lead prosecutor Dr Nanette Rogers claimed Patterson had not suffered from death cap poisoning at all and went out of her way to make it look as though she had.
She called on the jury to reject any suggestion Patterson suffered even a mild version of death cap poisoning.
Dr Rogers said Patterson pretended to be ill because she knew she had not been poisoned.
‘And knew how suspicious this would look to everyone… so she had to try and look unwell like the others,’ Dr Rogers told the jury.
Patterson’s alleged lies laid bare
Dr Rogers has told the jury she has now reached the ‘fourth deception’ about how Patterson allegedly ‘lied and acted deceptively to avoid blame and suspicion’.
The jury heard Patterson lied about feeding her kids leftovers from the lunch.
Dr Rogers also said Patterson lied about using just mushrooms bought from Woolworths and an Asian store in the beef Wellingtons.
Patterson also dumped the dehydrator and got rid of a phone, the jury was told.
Patterson received no antidote for death cap mushrooms
Dr Rogers said the state of health of the lunch guests including their age did not justify the huge difference in their health compared to Patterson (pictured) after the lunch.
Dr Rogers took the jury to expert advice on how death cap mushrooms effected the human body.
An Austin Hospital doctor said the poison is internally recycled within the body which is why activated charcoal was used on the lunch guests.
The guests were also given an antidote to the poison but Patterson received none of this treatment and was medically cleared.
Dr Rogers said the defence will argue she had less of the poison and it impacted her differently due to her weight.
Dr Rogers said the jury should recall an expert said a death cap survivor would still ‘expect quite adverse outcomes’.
‘That is a far cry from what we saw the accused experience, she was in hospital for a day,’ Dr Rogers said.
Dr Rogers claimed the case is Patterson was not sick because she did not eat ‘any amount’ of death cap mushrooms.
She said Patterson ‘designed’ the story of pretending to be sick
‘She knew she was not sick,’ Dr Rogers said.
‘But realised she needed to look sick like the others.’
Prosecutor: Patterson lied about vomiting after binge-eating cake
Dr Rogers told the jury Patterson claimed she binge ate almost an entire cake brought to the lunch by a guest and then vomited it up later.
‘There is no evidence from any expert witness as to whether vomiting after ingesting poisons would reduce the effects of the poison,’ Dr Rogers said.
Dr Rogers said Patterson was ‘vague’ about when she vomited and how much.
‘She claimed she had no idea of what she vomited,’ Dr Rogers said.
Dr Rogers said the most ‘notable aspect’ was that Patterson did not tell a single medical professional that she’d vomited sometime after the lunch.
‘We suggest that if the accused had truly vomited… that is a detail she would have shared with medical staff,’ Dr Rogers said.
Dr Rogers said Patterson’s evidence she vomited should be ‘rejected as a lie’.
Prosecution claims Patterson ate her entire Wellington
Dr Rogers spoke to the jury about the leftovers recovered from Patterson’s home.
The jury was shown images of the contents recovered.
Dr Rogers said the images depicted two halves of one single pastry and what was in the photos was the ‘total sum’ of the leftovers
The prosecutor said Patterson prepared one Wellington for Simon.
Dr Rogers also claimed Patterson, therefore, ate her whole portion of beef Wellington.
Patterson accused of ‘manufacturing’ an explanation
Dr Rogers reminded the jury Don was critically ill with multiple organ failure about 2.30pm on July 31.
‘At this time the accused was being transported to the Monash Medical centre by ambulance and was calm and chatty,’ Dr Rogers said.
Dr Rogers said Don, Gail (pictured together) and Heather died from mushroom poisoning.
‘Ian Wilkinson very nearly died with the same diagnosis,’ Dr Rogers said.
Dr Rogers then asked the jury ‘was the accused just less sick than the others?’.
Dr Rogers said it’s inexplicable as to why ‘four of five’ people ate the same meal and only one person did not become ill.
The prosecutor said Gail only ate half of her beef Wellington but was not far off Don in regards to her illness.
Patterson told some people she only ate half of her meal, the jury heard.
‘She still ate the same meal as Gail Patterson,’ Dr Rogers said.
Dr Rogers said Patterson’s account of how much she ate shifted.
‘She’s trying to manufacture an explanation for why she didn’t suffer the same fate as her lunch guests,’ Dr Rogers said.
Patterson drove kids to school while dying guests were rushed to intensive care, jury hears
Dr Rogers told the court medical staff observed Don and Gail to be seriously ill with both being taken routinely to the toilet.
‘Don was unable to tolerate any fluids,’ Dr Rogers said.
‘And going to the toilet every 10 minutes.’
Dr Chris Webster said he saw Ian and Heather vomiting and ‘neither could hold down water’.
‘This is the same morning (her son) said the accused was sitting at the table drinking a coffee,’ Dr Rogers said.
The jury heard by Sunday evening, Don had a high lactate reading with organ damage.
Dr Rogers said Don had kidney damage and was transferred to the Austin ICU.
‘This is the same evening the accused apparently served herself and her children leftovers of the beef Wellington,’ Dr Rogers said.
On Monday July 31, a nurse observed Ian was unwell while Heather went back and forth to the toilet.
‘This is the same morning the accused drove her two children to the bus stop and then herself to hospital,’ Dr Rogers said.
Difference in symptoms between Patterson and lunch guests
Dr Rogers has reminded the jury of the condition of Patterson’s lunch guests.
Dr Rogers said Heather Wilkinson had suffered organ failure while Patterson had just spent a total of 24 hours in hospital.
‘Not one medical professional observed her to be unwell,’ Dr Rogers said.
Dr Rogers claimed she ‘certainly’ did not suffer from death cap mushroom poisoning.
The prosecutor reminded the jury that what Patterson told Simon about her illness, her symptoms were different to that of her lunch guests.
‘They all reported feeling okay early on,’ Dr Rogers said.
‘They started feeling sick about midnight or 1am the following night.’
Dr Rogers also noted the Wilkinsons appeared well during their meeting at 4pm with church staff after the lunch.
Mr Wilkinson gave evidence he and Heather started feeling sick after going to bed about 10.30pm to 11pm.
Don had 40 incidents of vomiting and diarrhoea by the next day and Ian and Heather had it all night and didn’t make it back to bed, the jury heard.
Patterson ‘appeared well’ while Don was already in induced coma
Dr Rogers said nurse Cindy Munro claimed Patterson didn’t look unwell like Heather (pictured) and Ian.
Ms Munro said Patterson ‘didn’t look unwell to me’ and the paramedic who transported the accused killer to the Monash Medical Centre said her patient ‘appeared well’.
A toxicology expert who assessed Patterson noted her vital signs were normal.
However, by this time Don was already in an induced coma and later required a liver transplant.
But by Tuesday, health department Sally Anne Atkinson said Patterson told her she was feeling ‘okay’.
Questions raised over Patterson’s symptoms
Professor Bersten said Patterson’s potassium results were normal at Leongatha Hospital but dropped once she received treatment.
‘Stress can cause this,’ Dr Rogers said.
Dr Rogers said Patterson complained to medical staff she had experienced ‘explosive’ diarrhoea every 10 minutes.
Professor Bersten said multiple tests revealed Patterson didn’t suffer dehydration.
However, Professor Bersten concluded, based on test results, Patterson had been ‘somewhat dehydrated’ and had a ‘mild level of dehydration’ when she presented at hospital.
Dr Rogers said the jury could find this was not consistent with symptoms of diarrhoea.
Expert: Patterson never suffered from death cap poisoning
Prosecutor Dr Nanette Rogers has continued giving her closing address to the jury.
Dr Rogers has reminded the jury about Patterson’s blood test results which were included in an ‘aide memoir’ prepared by expert witness Professor Andrew Bersten (pictured).
The jury heard the various tests ranged in the normal to upper reference range, with one test a ‘little high’, another test in the normal range and another test ruled out as dehydration.
Dr Rogers said Patterson’s lactate levels were normal following liver tests compared to her lunch guests’ lactate numbers which were in a serious state.
‘Professor Bersten said the was no bio-chemical evidence of an acute liver [issue]… and had not suffered amanita phalloides [death cap] poisoning,’ Dr Rogers said.
Dr Rogers said the only abnormal blood test results were low level potassium and elevated haemoglobin.
Patterson’s heart rate rose due to ‘stress’, jury told
Dr Rogers reminded the jury Patterson was transported to the Monash Medical Centre via ambulance.
The jury heard Patterson did not need to use the toilet while she travelled in the ambulance and her vital signs remained the same throughout that journey.
The jury heard Patterson falsely claimed to have been sick.
Dr Rogers said the only bowel motions observed were by one nurse at Leongatha and there was no evidence Patterson had any medications to stop the runs.
Dr Rogers also said Patterson’s heart rate and blood pressure were normal.
The jury heard Patterson’s heart rate elevated later but then settled.
Medical witness Dr Veronica Foote (pictured right) suggested stress and anxiety can make your heart go up and down and Dr Rogers suggested Patterson’s heart rate changes were due to stress.
The trial has taken a break and will resume at 2.15pm.
Patterson’s alleged ‘incriminating conduct’
Dr Rogers alleged much of Patterson’s actions after returning to hospital amounted to ‘incriminating conduct’.
‘We say the accused’s behaviour was inconsistent with being unwell in other ways as well,’ Dr Rogers said.
The prosecutor also said Patterson was resistant to being treated with IV fluids.
‘Why would she be resistant to treatment if she was genuinely really sick?’ Dr Rogers said.
‘Her reluctance to receive medical treatment is inexplicable.’
Dr Rogers said this was ‘incriminating conduct’.
Patterson ‘healthy enough’ to collect kids, jury hears
Dr Rogers said Patterson later said she wanted to leave hospital to get her children.
Dr Rogers said Simon (pictured) could have picked them up and it was suggested someone call the school to help.
Other family members could have helped too, such as the accused’s sister-in-law Tania Patterson.
Patterson told Simon she wanted to get the kids in a three-hour round trip
Simon said ‘I’m glad you feel healthy enough now’ to collect the kids.
Dr Rogers said Patterson then changed her mind to allow Simon to get them.
Patterson monitored after returning to hospital
Dr Rogers said Patterson was closely monitored when she returned to hospital.
The jury heard Patterson went to the toilet four times in a 15-minute window.
Dr Rogers said it was the only time anyone saw Patterson go to the toilet so many times.
Patterson’s poo was described as ‘watery’, the jury heard.
‘It does look like a wee but it is a bowel motion,’ Patterson told the nurse
The nurse said she’d seen bowel motions like that before but was relying on what she’d been told by Patterson.
Dr Rogers said no viral or bacterial pathogens were found in those bowel motions.
‘They were not caused by eating death cap mushrooms,’ Dr Rogers insisted.
Prosecution says Patterson was ‘untruthful’
Dr Rogers said Patterson was untruthful about her movements after leaving the hospital.
‘She certainly wasn’t exhausted by illness,’ Dr Rogers said.
The jury heard Patterson appeared well on the hospital CCTV and drove herself home.
‘Even had she had a sleep, it did not account for the time she spent away from the hospital,’ Dr Rogers said.
Dr Rogers also highlighted the evidence of Dr Sorell who said phone data indicated 20 minutes after leaving the hospital, Patterson’s phone pinged at Leongatha until 8.55am and then hit Outtrim.
In the meantime, Dr Webster was calling Patterson and at 8.47am he left a message.
Dr Rogers told the jury Patterson’s phone was in Outtrim while Dr Webster was phoning her.
Dr Sorrell said the records indicated Patterson had taken a major road south-west of Leongatha.
‘In other words the Bass Highway,’ Dr Rogers said.
Dr Rogers said the jury ‘ought dismiss any suggestion’ Patterson was home during that time period.
What Patterson claimed she did after leaving hospital ‘makes no sense’
Dr Rogers (pictured) claimed Patterson gave various accounts about what she did after leaving hospital.
She said Patterson disputed being told by medical staff they had concerns about her children when she first visited hospital.
Dr Rogers told the jury a nurse who gave evidence about warning about the children ‘ought be believed’.
The jury heard Patterson left the hospital but returned an hour and 38 minutes later.
Dr Rogers said it made no sense for her to leave hospital when her life was in danger.
The prosecutor also alleged Patterson’s explanation of what she did after leaving the hospital ‘didn’t make sense’.
Patterson told Simon she lay down ‘for a while’ when she went home, the jury was told.
Dr Rogers described her account as ‘untrue’.
‘We say these are not truthful accounts… firstly it simply makes no sense the accused will go home and just lie down,’ Dr Rogers said.
Patterson made ‘drastic’ hospital exit to ‘cover up’ alleged crimes
Dr Rogers claimed Patterson left the hospital in a ‘drastic’ fashion to go home and cover up her alleged crimes.
The jury heard medical staff conveyed to Patterson they were worried about her and asked her not to leave.
Dr Rogers said Patterson’s decision to leave was ‘so drastic’, Dr Webster called her three times to return
‘There is only one logical or reasonable explanation for why the accused left the hospital,’ Dr Rogers said
‘She realised that what she had done was going to be uncovered.’
Dr Rogers said Patterson fled to ‘attempt to cover up the crime’.
‘She knew very well that she had not eaten death cap mushrooms,’ Dr Rogers said.
Prosecution tells jury when Patterson realised her alleged plot had been detected
Dr Rogers said Patterson called Simon (pictured) on Monday, July 31 and told him she’d been having diarrhoea ‘every 20 minutes’ and feared she would ‘poo her pants’ if she drove herself to hospital.
Dr Rogers said she was approached at Leongatha Hospital by Dr Chris Webster who spoke to her ‘plainly’.
‘There’s a concern of death cap poisoning,’ Dr Webster said.
Dr Webster also warned Patterson she may have been exposed to a ‘potentially deadly toxin’.
‘This was the first time she realised what she had done had not gone undetected,’ Dr Rogers said.
The jury heard Patterson then immediately wanted to leave the hospital.
‘Bush poo’ story dismissed
Patterson’s son said his mother was insistent they attend a flying lesson in Tyabb the Sunday afternoon after the lunch.
Dr Rogers said Patterson could have cancelled the lesson but didn’t.
The jury heard Patterson drove towards Tyabb for more than an hour before being told it was cancelled.
On the way back, Patterson claimed she had to go to the toilet in the bush but her son made no mention of it and if she had ‘that is something he would have recalled’.
The jury was then reminded Patterson was seen on CCTV at the Caldermeade BP where she made a nine-second visit to the toilet.
Dr Rogers said Patterson then ‘leisurely’ entered the BP and bought food.
‘There was nothing in her behaviour on the CCTV to indicate she was suffering from a serious illness let alone explosive diarrhoea,’ Dr Rogers said.
Dr Rogers said Patterson barely had any time to clean herself in the BP toilet and told the jury they could dismiss any notion it had anything to do with her supposed ‘bush poo’.
Patterson also claimed she took Imodium but never mentioned that to staff at the hospital.
Dr Rogers said Patterson would have told hospital staff if that was true and told the jury to reject that claim.
The prosecutor said Patterson did not have diarrhoea on the Sunday ‘at all’.
Dr Rogers also said Patterson’s daughter could not even recall going to Tyabb that day and called on the jury to treat her version of events ‘with some caution’.
Patterson’s son claimed his mum looked fine after lunch
Dr Rogers alleged Patterson ‘couldn’t keep her story straight’ about when she got sick.
The jury heard when Patterson turned up at hospital for the second time, she told a nurse she’d had the runs all day.
Dr Rogers also highlighted Patterson told a doctor she had nausea and diarrhoea that persisted until Monday.
Patterson’s son claimed he found her having a coffee at the dining table the morning after the lunch.
Patterson told her son she was sick, but he told police she ‘looked normal’.
He made no note of her going to the toilet regularly.
Patterson ‘wouldn’t risk pooing her pants’
The jury heard Patterson drove her son’s friend home and both boys recalled she ‘seemed normal’.
Dr Rogers suggested Patterson would not risk ‘pooing her pants’ in front of the kids when she made that drive.
Dr Rogers also said her son didn’t notice Patterson being ill that Saturday night.
The prosecutor reminded the jury Patterson told health department officer Sally Ann Atkinson (pictured) a different story than what she’d told Simon about the timeframes that she began feeling ill.
Dr Rogers said Patterson, on August 1, hours after conversations with Ms Atkinson, told child welfare officer Katrina Cripps she went to the supermarket but feared she’d have an ‘accident’.
Patterson claimed she had sat in the car so the position would ‘create a cork’ so she wouldn’t poo her pants.
Prosecution: Patterson never suffered from death cap poisoning
The jury heard again how death cap toxins work to kill a human.
Dr Rogers claimed Patterson had not suffered from death cap poisoning at all and went out of her way to make it look as though she had.
She called on the jury to reject any suggestion Patterson suffered even a mild version of death cap poisoning.
Dr Rogers said Patterson pretended to be ill because she knew she had not been poisoned.
‘And knew how suspicious this would look to everyone… so she had to try and look unwell like the others,’ Dr Rogers told the jury.
Prosecution accuses Patterson of ‘concealing’ crimes
Dr Rogers told the jury that Patterson had ‘complete control’ over the ingredients of the lunch and ‘took steps’ to make sure she didn’t accidentally consume the death caps herself.
Dr Rogers turned to Patterson’s attempts to make it appear she ate the exact same food as her guests.
‘She did this, we say, to conceal her crimes,’ Dr Rogers said.
Prosecution: Patterson used different plate because she knew others were poisoned
Dr Rogers has referred to the evidence given by Patterson’s son who recalled seeing white plates.
But Dr Rogers asked the jury not to be concerned about his evidence
The Crown asserted Patterson served herself on a different coloured plate.
‘The only reason she would do that is because she knew there were poisonous mushrooms in the other meals,’ Dr Rogers told the jury.
‘Because she put them there.’
Deceased lunch guest also noticed Patterson’s different plate
The jury heard Ian’s deceased wife Heather (pictured together) also noticed Patterson served herself on a different coloured plate
‘This was clearly something that stuck in Heather’s mind,’ Dr Rogers said.
The jury heard Heather mentioned the plate at least twice and while she was being driven to hospital.
She called on the jury to reject any notion the plates were all the same.
‘She allocated herself the different plate by picking it up and carrying it to her place at the table,’ Dr Rogers said.
Patterson’s lunch plates probed
Dr Rogers said there was no suggestion Patterson ever mentioned to her guests the lunch contained foraged mushrooms.
She also said Patterson served herself a different coloured plate, referring to lunch survivor Ian Wilkinson’s (pictured) evidence.
Dr Rogers said Mr Wilkinson had ‘no doubt’ about what he’d seen
‘Ian Wilkinson was a compelling witness,’ Dr Rogers said.
She said he had a ‘clear memory’ of exactly what was served at the lunch.
‘You will have no trouble in being satisfied that he is a reliable witness,’ Dr Rogers said.
The jury was previously told Patterson’s guests ate from large grey plates while she ate from a smaller coloured plate.
Prosecution claims Patterson hid mushrooms
Dr Rogers said Dr May said death caps spore for a short period of time after rain and they go bad ‘pretty quickly’ if not refridgerated.
‘They remain deadly even after being cooked,’ the prosecutor told the jury.
Dr Rogers told the jury Patterson had attended Loch, found and collected the death caps and then bought the dehydrator for the ‘very purpose of dehydrating and preserving those death cap mushrooms’.
Dr Rogers suggested Patterson blitzed the death caps into a powder and hid them in the Wellingtons.
‘This is why they were detected in the leftovers,’ Dr Roger said.
Patterson accused of practicing drying mushrooms
The jury has been reminded of photos found on a Samsung Galaxy seized from Patterson’s Leongatha home on August 5, 2023.
The photos depicted the dehydrator Patterson dumped at the tip, the court heard.
Dr Rogers said it was likely the photo was taken some time between April 28 and April 30.
The jury was also shown the photo of sliced mushrooms on a dehydrator tray.
There was another photo of mushrooms on a set of scales on a bench shown to the jury.
Dr Rogers said these scales were seized and police identified the bench at Patterson’s home.
The jury also saw two photographs of pieces of mushrooms with the weights 255.8mg and 287mg.
‘But look at their condition, they’re clearly foraged…,’ Dr Rogers said of those mushrooms.
‘Even the accused in her evidence said “they’re not looking good”.’
Dr Rogers said Patterson practiced drying button mushrooms before she was ‘confident’ of attempting to dry death cap mushrooms.
Phone pings at death cap hot spots were ‘outliers’
Dr Rogers said had Patterson just been driving through, you’d expect to see connections to other towers ‘which the evidence simply does not show’.
Dr Sorrell said he identified several other connections to mobile base stations near Loch and Outtrim.
The jury heard Dr Sorrell said a small number of the connections suggested Patterson had remained in the areas but suggested her phone was likely passing through.
Dr Rogers said Patterson’s connections to towers on the two days she was said to be at Loch following the death cap sighting post and the visit to Outtrim on May 22 were ‘outliers’.
‘Visiting these areas is not something the accused usually did,’ Patterson said.
Patterson ‘lingered’ in area day after death cap sighting
Dr Rogers said on May 22, 2023, the day after Dr May’s Outtrim iNaturalist post, Patterson’s phone records suggest she travelled to the area.
The jury heard Patterson’s phone connected in Outtrim exclusively on that day, supporting the proposition she had ‘lingered there’.
Dr Rogers said Patterson’s phone later pinged back in Leongatha, suggesting she travelled to Outtrim for 25 minutes before returning home.
‘Not passing through to somewhere else,’ Dr Rogers said.
Dr Rogers said Patterson was ‘not simply travelling down the Bass Highway’.
Phone data records ‘likely’ placed Patterson in death cap hot spots
Dr Rogers said telecommunications expert witness Dr Matthew Sorrell’s (pictured) evidence on mobile phone data ‘tends to show the accused had the opportunity to source death cap mushrooms’ close to the lunch.
Dr Rogers said Patterson’s phone data showed she was connected at towers around Loch.
She said while Dr Sorrell said his data is not definitive, she had the ‘potential’ to have been in and about Loch.
Dr Rogers said the fact Patterson purchased the dehydrator the same day two hours after a possible visit to Loch ‘should not be forgotten’.
The jury heard Patterson possibly visited Loch again.
Jury can ‘safely infer’ Patterson made death cap sightings searches
Dr Rogers highlighted the iNaturalist searches found on the PC.
‘You can safely infer that it was the accused undertaking those searches,’ Dr Rogers said.
‘She also looked up the local pub at the same time and made an order.’
Dr Rogers said the only other people living in the house were her children and the jury could be safe to assume it was Patterson (whose legal team is pictured) who conducted the searches.
Dr Rogers said Dr May said only three reports of death caps existed in the area – one near Morwell in the past 20 years, one in Loch in April 2023 and in Outtrim in May 2023.
Dr Rogers discussed how witness Christine McKenzie had found the death caps in Loch and removed as many as she could.
The Outtrim mushrooms had been located by Dr May himself and he provided precise location details.
Jury told how Patterson may have sourced death caps
Dr Rogers said there is no ‘direct evidence’ of where Patterson sourced the death caps but claimed the accused was aware of the iNaturalist website that identified where to find them, the court heard.
The jury was reminded forensic searches had found artefacts on her computer that indicated Patterson searched up iNaturalist.
Dr Rogers said Patterson then navigated to that website and looked up a world map of death cap sightings.
The prosecutor said Patterson only looked up death caps and no other mushrooms.
The jury was reminded about the death cap posts related to Victoria and a particular sighting in Moorabbin which was posted to iNaturalist.
Prosecution claims Patterson prepared death caps in a way they ‘couldn’t be identified’
The prosecution claimed the death caps detected in the meal along with non-toxic edible mushrooms were ‘most likely’ not chopped like the others and prepared in a way where they ‘couldn’t be identified’.
The jury heard how Patterson sent photos of mushrooms and the dehydrator to her online friends and she told her friends about how effective the dehydrator was.
Guests wouldn’t have noticed if meals were different, jury hears
Dr Rogers told the court Patterson did not eat the same mushroom paste as the guests and they would never have noticed if their dish was different.
Dr Rogers referred to the 700mg of mushrooms required for the recipe and reminded the jury Patterson said she ate a kilo of mushrooms in the days before the lunch.
‘I suggest you can reject that,’ Dr Rogers said.
‘She had more than enough [mushrooms], there was absolutely no need to add a packet of dried mushrooms.’
Dr Rogers asked why Patterson would add mushrooms that smelt funny to a special meal.
The jury was reminded of the evidence of fungi expert Dr Tom May (pictured) who said dried death caps smelt ‘very unpleasant’.
Prosecution says beef Wellington was a ‘sinister deception’
Dr Rogers has gone into Patterson’s (pictured) second alleged deception – preparing the fatal beef Wellington lunch.
The jury was told Patterson deliberately sought out the death caps and secreted them into the Wellingtons while ensuring she would not suffer the same fate as her guests.
‘The sinister deception was to use a nourishing meal,’ Dr Rogers said.
Dr Rogers said the RecipeTin Eats Cookbook did not call for individual pasties.
‘This was not a shared dish,’ Dr Rogers said.
‘Why deviate so significantly?’
The prosecution said it was a deliberate choice and the only way to be sure Patterson wouldn’t eat any death caps herself.
Patterson ‘counted on all her guests dying’, jury told
Dr Rogers reminded the jury about all of the lies Patterson told about her cancer claims.
‘She was setting up a fiction that she was facing a serious health issue,’ Dr Rogers said.
The prosecutor also reminded the jury Patterson told the guests she had cancer but there was no record showing she ever did.
Dr Rogers said Patterson thought ‘the lie would die with them’.
‘That she counted on all her guests dying,’ Dr Rogers said.
Dr Rogers said ‘these were calculated, deliberate lies’ designed to get her guests to the lunch.
Patterson grilled on why kids weren’t at lunch
Dr Rogers said there was no dispute the children did not attend.
The prosecutor claimed Patterson (her legal team is pictured) made sure the kids were away to insure there was ‘no chance’ they would eat the food.
The jury heard Patterson announced she had cancer to her lunch guests and asked advice about what to tell the kids.
Patterson spoke about scans, a tumour, and they prayed together, the jury heard.
Dr Rogers told the jury to reject Patterson’s claims she ‘might need treatment’.
Dr Rogers said Patterson was ‘minimising the lie’.
The prosecutor said Patterson ‘planted the seed’ of this medical issue well in advance of the lunch.
Patterson gave Simon ‘multiple incentives’ to attend lunch
Dr Rogers also said Patterson provided ‘multiple incentives’ for her estranged husband Simon to attend.
The jury was reminded Simon was firm in his evidence Patterson wanted to break the news of her medical issue to the kids.
Dr Rogers told the jury it should be clear Patterson used a ‘fake medical issue’ to convince the guests to attend.
Lunch invitation was ‘unusual’, jury told
Dr Rogers then went further into what she termed the ‘cancer lie’.
‘She fabricated a cancer claim,’ Dr Rogers said, to lure her guests in.
The jury heard it was rare for Patterson to invite people over and all guests were surprised about the invitation.
Dr Rogers said Don and Gail were intrigued about the invite ‘as were Ian (pictured) and Heather’.
The prosecutor said it was an ‘unusual invitation and said Patterson’s claims that it was not unusual was ‘simply not the case’.
Patterson’s ‘four deceptions’
Dr Rogers said there were four deceptions to Patterson’s alleged crime.
The jury was told Patterson fabricated a cancer claim to lure her guests over for lunch.
Dr Rogers said Patterson ‘secreted’ lethal doses of poison into the Wellingtons.
The prosecutor added Patterson faked an illness after the lunch.
And finally, Dr Rogers said Patterson had a ‘sustained cover-up she embarked upon to conceal the truth’.
Prosecutor says Patterson prepared lunch with ‘devastating effect’
Crown Prosecutor Dr Nanette Rogers SC has commenced her closing address.
Patterson, who is today wearing a brown paisley jacket, listened as Dr Rogers summarised the case to the jury.
Dr Rogers told the jury Patterson cooked individual Wellingtons when the recipe she used called for one whole Wellington.
The jury heard Patterson made the Wellingtons this way so she could make it appear to her lunch guests they were sharing the same meal.
‘She alone chose what to cook, obtained the ingredients and prepared the meal,’ Dr Rogers said.
Dr Rogers said Patterson’s choice to make individual portions gave her ‘complete control’ in preparing the meal which was ‘exercised with devastating effect’.
‘What other reasonable explanation could be made?’ Dr Rogers told the jury.
Prosecution’s final questions to Patterson before closing their case
On Thursday, Dr Rogers wrapped up her case against the accused with three final questions.
The prosecutor asked Patterson if she deliberately sourced death caps.
‘Disagree,’ Patterson said.
Dr Rogers asked Patterson did she put the death caps in the beef Wellington.
‘Disagree,’ Patterson replied.
‘And did so intending to kill them, agree or disagree?’ Dr Rogers asked.
‘Disagree,’ Patterson said.
The defence asked Patterson another few questions and closed their case.
The trial will resume today at 10.30am.
Patterson claimed she vomited after gorging on cake
During her marathon time in the box, Patterson (pictured) made a series of admissions.
Patterson admitted she gorged two-thirds of a cake after the lunch but later vomited it up.
Patterson said she couldn’t tell what was in her vomit when pressed by Dr Rogers.
Patterson also claimed she ate a kilo of mushrooms between July 23 and July 27.
Dr Rogers suggested Patterson purchased 1.75kg of mushrooms between July 23 and July 27.
‘Incorrect,’ Patterson replied.
Patterson said the amount was a kilo-and-a-half and she ate one kilo and used the rest of the mushrooms for the Wellingtons.
Dr Rogers suggested that is an ‘untruth’.
‘Disagree,’ Patterson said.
Dr Rogers suggested Patterson had twice the amount of mushrooms the RecipeTin Eats recipe she used to make the Wellingtons called for and there was no need to add extra mushrooms.
Patterson also claimed she took an emergency roadside poo while driving with her children the day after the lunch but Dr Rogers also suggested this was a lie.
Patterson faced grilling under cross-examination: ‘correct or incorrect’
Patterson spent eight days in the witness box across two weeks of the marathon trial.
The accused killer was grilled by Dr Rogers who asked Patterson dozens of questions ending with the line ‘correct or incorrect?’ or ‘agree and disagree?’.
During her time under cross-examination, Patterson was shown a photo of suspected death cap mushrooms on a scale and was asked if she weighed those mushrooms to ensure she had enough to kill her lunch guests.
Patterson denied the prosecution’s accusations.
Patterson was first questioned by her own counsel defence barrister Colin Mandy SC (pictured).
Mr Mandy ended his line of questioning by asking Patterson if she intended to poison her lunch guests.
Prosecution to commence closing address
Crown Prosecutor Dr Nanette Rogers SC (pictured) is expected to commence giving her closing address to the jury.
Dr Rogers previously indicated her address will last two days and maybe more.
The prosecutor will summarise the key aspects of the case against Patterson.
What’s next in the Erin Patterson mushroom murder trial?
Last Thursday, Erin Patterson entered the witness box for her eighth and final day in her own marathon murder trial.
Patterson has been a big drawcard with dozens of members of the public braving the cold to queue up outside (pictured) the courthouse very early each morning to get a front row seat in the courtroom.
Patterson, 50, is accused of murdering her in-laws, Don and Gail Patterson, and Gail’s sister, Heather Wilkinson, after allegedly serving them a beef Wellington lunch made with death cap mushrooms.
Patterson is also accused of attempting to murder Heather’s husband, pastor Ian Wilkinson, who survived the lunch after spending several weeks in an intensive care unit.
The court heard Patterson’s estranged husband, Simon, was also invited to the gathering at her home in Leongatha, in Victoria’s Gippsland region, but didn’t attend.
Witnesses told the jury Patterson ate her serving from a smaller, differently-coloured plate than those of her guests, who ate off four grey plates.
Patterson told authorities she bought dried mushrooms from an unnamed Asian store in the Monash area of Melbourne, but health inspectors could find no evidence of this.
Justice Christopher Beale said the prosecution will commence its closing address today.
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Erin Patterson mushroom murder trial LIVE updates: Prosecution says Patterson went out of her way to appear like she’d suffered death cap poisoning