Alleged mushroom killer Erin Patterson repeatedly tried to stop doctors examining her children despite a warning they could die after claims they had consumed the same meal that ultimately killed their grandparents.
Patterson, 50, is accused of killing her former in-laws, Don and Gail Patterson, and Gail’s sister, Heather Wilkinson, with death cap mushrooms served in the pastry dish during a lunch at her Leongatha home on July 29, 2023.
Pastor Ian Wilkinson was the only one to survive the lunch, with an attempted murder charge related to his alleged poisoning also in play.
In opening the trial, Crown prosecutor Dr Nanette Rogers told the jury Patterson had been reluctant to have doctors at Leongatha Hospital examine her two children despite her repeated claims they had eaten a portion of the deadly meal.
The court heard Dr Webster insisted she bring the children in so they could be treated.
‘At that point, the accused became emotional and said, “Is this really necessary? They don’t have symptoms” and she also said they did not eat mushrooms. “I just don’t want them to be panicked or stressed”,’ the prosecutor told the court.
But the court was told Dr Chris Webster warned her: ‘They can be scared and alive, or dead.’
Dressed in a blue and white striped shirt, Patterson appeared in the Supreme Court of Victoria, sitting in the Latrobe Valley, 155km east of Melbourne, on Wednesday.
Erin Patterson has heard the full extent of the allegations against her in court
A court sketch of Erin Patterson from earlier this week
The jury has already heard three attempted murder charges relating to her estranged husband Simon Patterson were withdrawn last week.
She has pleaded not guilty to three counts of murder and one of attempted murder.
Patterson herself had refused treatment, forcing Dr Webster to call Triple-0 after she left the hospital and refused to pick-up her phone.
‘He left a voicemail message each time requesting that she return to hospital for treatment,’ Ms Rogers told the jury.
‘In the third voicemail, Dr Webster said apologetically that he would have to call the police to ask for their assistance in getting her to return to hospital, as he was concerned about her health.’
When Patterson eventually returned to hospital, she told Dr Webster her two children had eaten the meat, but not the mushroom or pastry surrounding it.
The jury heard Patterson was not actually concerned about the children becoming ill because they never actually ate the leftovers.
‘The prosecution asserts that the children’s meal was not contaminated with death cap mushrooms,’ Dr Rogers said.
The court heard Patterson had presented at hospital claiming to have been suffering from diarrhoea.
She was later transferred to Monash Hospital and the children were taken to Monash Children’s Hospital.
The court heard while they showed no symptoms of ill health, they were kept overnight for supervision.
Appearing teary-eyed from her position at the back of the court, Patterson listened intently as the allegations were aired before the jury of 15.
In opening the case, Dr Rogers claimed while separated, Patterson and her estranged husband Simon had initially enjoyed a ‘friendly relationship’.
Despite separating in 2015, Simon had remained hopeful they would reunite someday, Dr Rogers said.
The pair had communicated regularly via the Signal messaging app up until 2022 when Simon noticed a change.
Dr Rogers told the jury Patterson expressed concern when Simon listed himself as separated on his tax return.
Simon Patterson will give evidence at the trial
She also wanted child support and the school fees paid.
The court heard Patterson changed the kids’ school without consulting Simon.
On June 28, leading up to the deadly lunch, Gail texted Patterson and asked how some medical tests had gone.
The next day Patterson replied they had ‘went okay’ but she required a biopsy and an MRI the following week.
On July 6, Gail texted and asked again how Patterson was progressing, the court heard.
Patterson allegedly told her mother-in-law ‘there was a bit to digest’ and wanted to talk in person.
On July 16, during a church service, the court heard Patterson asked her in-laws over for lunch.
She also asked Simon to attend, despite the couple’s relationship being on the decline.
The court heard the purpose of the lunch was to discuss ‘medical issues’ and how ‘to break it to the kids’.
The Leongatha home where the deadly lunch took place
Patterson was insistent she did not want the kids to attend and Simon agreed to attend the lunch.
The court heard each of Patterson’s guests were confused about the invitation and wondered what the purpose was.
Simon pulled out at last minute because he ‘felt uncomfortable’ – a move which allegedly annoyed his estranged wife.
Patterson texted ‘she was disappointed’ as she’d put in a lot of effort for the ‘special meal’.
The court heard Patterson told Simon it was important everyone attended.
On the day of the lunch, Simon’s in-laws arrived at the Patterson household together.
After some small talk, lunch was served.
Patterson plated the meal of beef Wellingtons, mash and beans.
Patterson’s legal team ran the gauntlet of media as they entered the court on Wednesday. Above is her barrister Colin Mandy SC
They were served as individual pastries on grey plates, but Patterson’s was on a smaller coloured plate.
The court heard Gail ate only half of her portion and Don ate the rest.
Dessert consisted of a fruit platter and a cake brought by her guests.
After lunch Patterson told them she had cancer and asked how to tell the kids.
The court heard they prayed as a group for Erin’s ‘health and wisdom’ before leaving together about 3pm
They became violently ill hours later.
On Tuesday, Justice Beale began his opening address to the jury, who had been meticulously selected from a jury pool of 120 people.
While 15 jurors are taking part in the full trial, which is expected to take anywhere up to six weeks, only 12 will decide Patterson’s fate.
Heather and Ian Wilkinson in happier times. Mr Wilkinson survived the deadly lunch
Don and Gail Patterson both died after the lunch
A ballot will be held before the jury retires to consider its verdict, with three to be ejected without any input.
The additional jurors are selected as a back-up should any juror fall ill or need to be discharged during the lengthy trial process.
As the trial gets underway, more than 50 reporters from across the globe have descended on Morwell which is located about 60km from Patterson’s home town in Leongatha, in Victoria’s Gippsland region.
Almost all available accommodation within 13km of Morwell – as far away as Traralgon – has now been snapped up by media organisations covering the trial.
True crime podcasters and documentary crews have also converged on Morwell, which is located among lush green fields and has a population of under 15,000.
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Morwell is known for its role as a major energy production centre for Victoria, as the centre of a major coal mining and fossil-fuel power generation industry.
Daily Mail Australia and a team of journalists will be on the ground in Morwell covering every minute of the case, with stories to appear daily online.
A podcast spearheaded by a top team of international Daily Mail journalists will accompany Daily Mail Australia’s coverage.
