Erin Patterson is accused of murdering three of her in-laws with a poisoned meal. Photo / Brooke Grebert-Craig
Erin Patterson is accused of murdering three of her in-laws with a poisoned meal. Photo / Brooke Grebert-Craig
Justice Christopher Beale informed jurors that Erin Patterson’s trial might conclude earlier than expected.
Patterson pleaded not guilty to murdering three in-laws with a poisoned meal, claiming it was accidental.
Medical staff testified about Patterson’s illness and her self-discharge from hospital against advice.
The judge in the triple-murder trial of mushroom cook Erin Patterson has delivered a big update to the jury.
Justice Christopher Beale told the Supreme Court hearing in Latrobe Valley, Victoria, that the case was likely to conclude earlier than the estimated six weeks after discussions with the prosecution and defence about the way the case was progressing.
He told the jury they would no longer be sitting on Monday.
“There are things happening behind the scenes to try and condense the material that will be presented to you,” he said.
“If Monday is devoted to that, rather than you sitting here ... I expect the case will conclude earlier.
“We will sit Friday morning until 1 o’clock and then you’ll leave and return on Tuesday morning.”
Patterson has pleaded not guilty to murdering three of her in-laws with a poisoned beef Wellington lunch and to the attempted murder of a fourth. Her defence argues the incident was a tragic accident.
Patterson's parents-in-law, Don and Gail, died from mushroom poisoning. Photo / NewsWire
Alleged poisoner appeared to have illness: doctor
Dr Veronica Foote confirmed in her evidence that she assessed Patterson at Leongatha Hospital once the accused attended for a second time on the morning of July 31, 2023.
She agreed her clinical opinion was that Patterson was “moderately dehydrated due to ongoing diarrhoea and appeared to have a gastric illness”.
Prosecutors allege Patterson did not eat the same poisoned meal as her guests, while her lawyers argue she did become sick, just not to the same extent.
“I discussed the treatment that was recommended to start with her while we were awaiting transfer,” Foote said.
Foote told the jury that Patterson had reported falling ill with diarrhoea and nausea on the evening of the July 29 lunch, but did not attend hospital until the morning of July 31.
She was found to have a high heart rate and somewhat high blood pressure, which Foote said could also have been caused by uncontrolled blood pressure, heart arrhythmia, stress and anxiety.
Nurse ‘implored’ Patterson to stay
The jury was told Patterson first arrived at the hospital at 8.03am but checked herself out against medical advice.
Called to give evidence, director of nursing Kylie Ashton said she “implored” Patterson to agree to being admitted to hospital.
“Erin identified she was the person who cooked that meal served on that day,” she said.
“She told me she had consumed the meal that was prepared and she had diarrhoea and nausea since that occasion, but no vomiting.”
Ashton said Patterson told her she had not come to hospital prepared to be admitted, and she needed to go make preparations for her children.
“She just said [she needed] around 20 minutes, so we just agreed to that.”
Questioned on what she did to impress upon Patterson the seriousness of the case, Ashton said she communicated that “her life was at risk”.
“These guys were very unwell. We had two people in the ICU at the time.”
Patterson was made to sign a form indicating she had checked out against medical advice before leaving. She returned about 9.45am that morning.
Under cross-examination, Ashton agreed that Patterson had not expressed an unwillingness to be treated, just that she did not want to be admitted at the time.
On Tuesday, the jury was told that, just five minutes after attending hospital and announcing “I’ve got gastro”, Patterson left the building against medical advice.
Dr Chris Webster was one of two Leongatha Hospital doctors, along with Foote, to give evidence. He told the jury on Tuesday that he first encountered Patterson in the waiting room about 8am.
“I apologised that she had been kept waiting … and I asked her why she had presented to hospital.
“She said, ‘I’ve got gastro’.”
Webster said he then recognised her as the “chef of the meal” that his two patients, Ian and Heather Wilkinson, suspected had made them sick.
Ian Wilkinson, survivor of the deadly beef wellington dish cooked by Erin Patterson.
He told the court he explained they would need to start “emergency treatment of suspected death cap mushroom poisoning” and left Patterson with a nurse to be triaged.
But five minutes later, he learned that Patterson had discharged herself against medical advice. He called emergency services to report a wellness concern.
The court was shown CCTV footage of Foote approaching Patterson and standing between her and the exit as the pair talked.
“I talked to Ms Patterson and relayed our concerns for her health and the potential that she could become very unwell and that it was our medical advice that she stay and be further assessed and treated,” Foote said.
“She told me that she wasn’t able to stay at that point in time. She had to go home to do some things … make some preparations for her animals and children, and [said] that she would return to the hospital.”
Patterson left the hospital at 8.10am after signing a form acknowledging she was self-discharging against medical advice.
Foote said Patterson told staff her two children had eaten leftovers of the meat, with the mushrooms and pastry scraped off. Staff told her they needed to be examined too.
Patterson wanted to leave to collect her children from school, but was advised against it, Foote said.
“My advice was I thought she could become very unwell very quickly and that it was not safe for her or her children for her to drive them there and possibly other road users.”
The doctor suggested Patterson’s husband, Simon, could pick up the children.
Erin Patterson and her estranged husband Simon Patterson. Photo / NewsWire
“Ms Patterson told me that she didn’t think that was in the best interests of her children.”