Erin Patterson's claims she had booked in drastic weight loss surgery put under the spotlight in another day of intense cross examination
Erin Patterson 's claims she was planning to undergo weight loss surgery have been scrutinised by the prosecution as she returns to court for her murder trial.
After enjoying a public holiday on Monday, Patterson was once again forced to front Crown prosecutor Dr Nanette Rogers in the witness box within the Latrobe Valley Law Courts in Morwell, in Victoria's east.
Patterson has pleaded not guilty to the murders of Don and Gail Patterson, and Gail's sister, Heather Wilkinson.
They died after consuming death cap mushrooms served in beef Wellington during lunch at her Leongatha home on July 29, 2023.
On Friday, Patterson had told the jury she had planned to have gastric bypass surgery, which had been booked into the Enrich Clinic in leafy South Yarra.
The jury had previously heard Patterson had allegedly lured her guests over for lunch to tell them about a 'medical issue' she had to deal with and how she might break the news to her two children.
That issue, according to lone survivor Ian Wilkinson, was said to be ovarian cancer - a lie Patterson admits telling her guests.
Patterson had hoped her estranged husband Simon would also attend the lunch, informing him on July 16 that she had some medical issues to discuss.
'That wasn't a lie,' Patterson insisted about the news she intended to tell Simon.
'I was going to have surgery soon ... gastric bypass surgery,' she told Dr Rogers.
'I had an appointment for early September.'
During Tuesday's proceedings, Dr Rogers questioned whether Patterson had lied about that supposed surgery too.
'I want to put some things to you about that and ask if you agree or disagree. The first is the Enrich clinic offices services in Cosmetic dermatology,' she said.
The jury heard Patterson's appointment had been scheduled for September 13, 2023 but was cancelled two days earlier.
'The Enrich Clinic does not offer gastric bypass surgery or gastric sleeve surgery. Agree or disagree?' Dr Rogers asked.
'I don't know,' Patterson responded.
'The Enrich Clinic does not conduct assessments relating to gastric bypass surgery or gastric sleeve surgery. Agree or disagree?' Dr Rogers continued.
'I don't know, but I'm a bit puzzled,' Patterson said.
'I had an appointment with them and that's what, my memory is that the appointment was for (that), so that's why I'm puzzled.'
'The appointment that you have told this jury about on Friday had nothing to do with gastric bypass surgery. Agree or disagree?' Dr Rogers said.
'Well, it would've been related to weight loss surgery,' Patterson replied.
'Perhaps it was a different procedure I was doing through them and I was looking into liposuction as well.'
Dr Rogers suggested Patterson had lied to the jury in sworn evidence about having a pre-surgery appointment for gastric bypass surgery booked in.
'No, it wasn't a lie. That's what my memory was,' Patterson said.
Dr Rogers bombarded Patterson with questions and accusations throughout much of the day.
In one exchange, Dr Rogers accused Patterson of pretending to be sick after the deadly lunch to cast off suspicions she had deliberately poisoned her guests.
The court heard Patterson had called Simon two days after the lunch and told him she felt well enough to pick up the kids from school.
'I'm glad you feel healthy enough to make that drive to pick up the kids,' Simon told her.
Dr Rogers said Simon's evidence was that Patterson then paused before agreeing to allow him to collect the children instead.
'Do you agree that you paused?' Dr Rogers said.
'I don't remember,' Patterson replied.
'I suggest that you paused because you realised that if you insisted on going to pick up the children that that would undermine your (claims that you were unwell),' Dr Rogers said.
Patterson claimed she could not recall the 'pause' but said if she had it would have likely been because she was taken aback by Simon's 'really sarcastic tone'.
'I found it quite off-putting,' she said.
'Are you making this up as you go along, Ms Patterson?' Dr Rogers responded.
The prosecutor continued to question Patterson about her actions following the deadly lunch, accusing her of feigning nausea, diarrhoea and abdominal pain in conversations with health professionals, her children, child protection workers and her husband so they wouldn't suspect she had deliberately poisoned her guests.
'You wanted it to appear as though you were as seriously unwell as you other lunch guests,' she said.
'Incorrect,' Patterson replied.
'I suggest that you were not seriously unwell because you did not consume even a minute amount of death cap mushrooms at the lunch,' Dr Rogers said.
'I have no idea whether I did or didn't,' Patterson said.
'You were not suffering from death cap mushroom poisoning. Correct or incorrect?' Dr Rogers continued.
'I have no idea.'
'You deliberately tried to make it seem as though you were unwell. Correct or incorrect?'
'Incorrect,' Patterson insisted.
While the jury heard at the beginning of the trial the prosecution would offer no motive as to why Patterson allegedly murdered her guests, Dr Rogers suggested the mother of two had actually hoped her estranged husband Simon would attend.
The jury has heard Simon Patterson pulled out of the lunch the night before, leaving his parents, uncle and auntie to attend the meal without him.
Patterson has maintained to anyone who has asked that she loved Don and Gail Patterson.
She has denied all of the allegations, maintaining what happened at the lunch was a tragic accident.
'They did love me and I did love them,' she said of Simon's parents.
'I do love them.'
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