Estranged husband takes stand in mushroom murder trial
The estranged husband of alleged death cap mushroom cook Erin Patterson has taken the stand as the first witness in her triple-murder trial.
The 50-year-old mother, who has pleaded not guilty to three murder charges and one of attempted murder, faced court in Morwell on Thursday, about 150km southeast of Melbourne, as the first witness was called.
Patterson had invited her husband Simon, from whom she separated in 2015, to the deadly beef Wellington lunch in July 2023 but he declined her invitation.
Erin Patterson's estranged husband Simon comes face-to-face with his ex for the first time since she was accused of murdering his parents after deadly mushroom lunch https://t.co/rBs80uRjSn — Daily Mail Online (@MailOnline) May 1, 2025
His parents Don and Gail Patterson, and his aunt and uncle Heather and Ian Wilkinson all went to the lunch at Patterson's Leongatha home.
Three of them died in the days after while the fourth, Ian Wilkinson, became very sick but survived.
Prosecutor Nanette Rogers SC told the jury on Wednesday that Simon Patterson had texted to say he felt "too uncomfortable" to attend the lunch the day before.
She said after their separation the pair remained amicable as they shared custody of their two children and would go on family holidays together.
"Despite their separation in 2015, Simon remained hopeful for some time that he and the accused would some day reunite," she told the jury of 15.
"They continued to communicate with one another and other members of the Patterson family via the Signal messaging application."
But she said Simon noticed a "sustained change" in his relationship with Patterson in 2022 after he listed himself as separated on his tax return.
Simon offered to amend his tax return but Patterson said she would need to see child support from him instead, which he accepted, Dr Rogers said.
"However, their communication from that point started to decline," she said.
"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."
Prosecutors claimed on Wednesday that Patterson told a series of lies before and after the fatal lunch on July 29, 2023.
These included false claims she had cancer, and lies to police about disposing of a dehydrator and that she did not go foraging for mushrooms.
Prosecutors also alleged she feigned illness after eating her portion of the lunch.
Defence barrister Colin Mandy SC said Patterson accepted some of the claims she lied, but denied not telling the truth about becoming sick after the lunch.
He claimed she told some lies because she had "panicked" after her guests became ill from her cooking, amid intense police and media scrutiny.
Patterson had no intention to kill or cause "any harm" to any of her guests, he said.
She invited the group to lunch at her home following Sunday service at Korumburra Baptist Church on July 16.
She served beef Wellington to her guests, which consisted of steak covered in a paste containing death cap mushrooms, wrapped in pastry.
Dr Rogers said Patterson served the meals to her guests on different plates to her own.
The trial before Justice Christopher Beale continues.
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2 days ago
- 1News
Five revealing moments from Erin Patterson's cross-examination
The prosecution has stepped up its questioning of Erin Patterson - the Victorian woman accused of killing three people and attempting to kill a fourth by serving them a meal laced with poisonous mushrooms. After days of giving evidence in her own defence, Patterson has now faced cross-examination from prosecutor Nanette Rogers SC, who has challenged her on everything from deleted photos and cancer claims to the exact wording of her emoji use in private messages. Australia Correspondent Aziz Al Sa'afin explains some of the biggest moments from the cross-examination so far. (Source: 1News) ADVERTISEMENT 1. 'You knew they were death cap mushrooms' Nanette Rogers began by suggesting Patterson knew she had cooked with death cap mushrooms and deliberately got rid of the evidence. 'You knew that they were death cap mushrooms that you'd been dehydrating, correct?' 'No, I didn't know that,' Patterson replied. The prosecution then accused her of deliberately disposing of the food dehydrator to cover her tracks. 'You were very keen to dispose of any evidence that might connect you with the possession of death cap mushrooms?' 'No, I didn't,' Patterson said again. ADVERTISEMENT (Source: 1News) 2. Photos allegedly show mushrooms being weighed Rogers showed the jury a series of images from Patterson's phone showing sliced mushrooms on a dehydrator tray, balanced on kitchen scales in her home. Expert evidence has previously suggested the mushrooms pictured were consistent with Amanita phalloides - the deadly species known as death caps. 'I suggest you were weighing these mushrooms so you could calculate the weight required for... a fatal dose,' Rogers said. 'I disagree,' Patterson replied. She also denied claims that she foraged those mushrooms after seeing a post online about local sightings on the iNaturalist website. ADVERTISEMENT 3. Internet searches raise questions about cancer claim The prosecution questioned Patterson over her claim to her lunch guests that she had cancer - a lie she now says was a cover for planned weight-loss surgery. Court documents showed images and search results related to ovarian and brain cancer stored on Patterson's devices. 'I suggest this information from the internet would allow you to tell a more convincing lie,' Rogers said. 'That's theoretically true, but it's not what I did,' Patterson replied. She said she'd worried about her health in late 2021 and early 2022, but denied conducting searches in 2023 to support a fabricated illness. (Source: 1News) ADVERTISEMENT 4. Emoji use and 'eyerolls' spark courtroom debate The court was also shown Facebook messages Patterson sent to friends, in which she referenced her in-laws and used eye-roll and neutral-face emojis when talking about their religious advice. Rogers argued the tone was mocking. Patterson disagreed. 'There's a better eyeroll emoji than these,' Patterson said. 'I can't see anything about eyes rolling in there. I wasn't mocking, I was frustrated.' 5. Prosecution questions Patterson's use of the word 'panicked' and 'foraging' Patterson had previously told the court she panicked in the days after the fatal lunch, which led her to lie and destroy evidence. But Rogers challenged this, suggesting Patterson was not reacting emotionally, but acting to avoid detection. ADVERTISEMENT 'Can you please alert me to the answer that I gave where I said I panicked when I learnt that everyone was unwell?' Patterson asked during one exchange. Rogers paused before continuing: 'Certainly.' In a continued moment of back-and-forth, Rogers questioned Patterson on her use of other language - specifically whether she understood what 'mushrooming' meant. Patterson replied: 'I think it could mean a couple of things… foraging, but also other uses of mushrooms that are not eating.' When asked what she would call picking mushrooms for food, she said: 'Pick and eat.' She maintained she never used the word 'mushrooming' and would have said 'foraged' if that's what she meant. Patterson denies the charges and the trial continues next week. ADVERTISEMENT Aziz Al Sa'afin looks at the key questions in the trial Aziz Al Sa'afin answers your most asked questions about the mushroom trial (Source: 1News) Who is Erin Patterson and what is this trial about? Erin Patterson is a 50-year-old woman from Leongatha, Victoria, who is accused of murdering her former in-laws Don and Gail Patterson and Gail's sister Heather Wilkinson. She is also charged with the attempted murder of Ian Wilkinson, a local pastor who survived the same meal. All four guests became seriously ill after eating a beef wellington lunch prepared at Patterson's home in July 2023. What is she accused of doing? Prosecutors allege that Patterson used death cap mushrooms - one of the most poisonous fungi in the world - in the meal she served her guests. The Crown claims she knowingly poisoned them. The Defence says it was a tragic accident and Patterson has pleaded not guilty to all charges. What are death cap mushrooms? ADVERTISEMENT Death cap mushrooms (Amanita phalloides) are deadly fungi that can be easily mistaken for edible varieties. Even a small amount can cause liver failure or death. They are not typically sold in stores and are often found in the wild. Cooking them does not neutralise their toxicity. What has Erin Patterson said in court? She has told the jury that she did not mean to harm anyone and believes the poisoning was a tragic accident. She admitted to lying in a police interview about foraging mushrooms and using a food dehydrator, which she later dumped. She said she panicked and was scared she'd be blamed. Why does she say she lied to police? Patterson has admitted to lying about key details during her initial police interview. She said she was overwhelmed and frightened, particularly after learning two of her guests had died. She told the court: 'It was a stupid kneejerk reaction… I was scared, but I shouldn't have done it.' What does the prosecution say? The prosecution has accused Patterson of deliberately cooking with death cap mushrooms and trying to cover her tracks. They've pointed to deleted photos, dumped kitchen equipment, and online searches they allege were used to create a convincing cover story, including a lie about having cancer. ADVERTISEMENT What has she said about the cancer claim? Patterson admitted lying to her lunch guests about having cancer. She told the court she said it to cover up a planned weight-loss surgery and described feeling ashamed of her body. The prosecution says she researched cancer online to make her story more believable. Patterson denies that. Why has this trial received so much attention? The unusual and shocking nature of the case - involving a homemade meal, rare poisonous mushrooms, and a family tragedy - has made headlines around the world. The fact that Patterson is giving evidence in her own defence is also highly unusual in a murder trial. True-crime podcasters and filmmakers have descended on the town of Morwell to cover this trial only adding to the hype. What does the jury have to decide? The jury must decide whether Erin Patterson is guilty of murder or attempted murder beyond reasonable doubt. This means they must be sure of her guilt based on the evidence presented in order to return a guilty verdict. In a Victorian criminal trial, the jury's verdict must be unanimous - all 12 jurors must agree. They will be pushed until they can reach a unanimous verdict of guilty or not guilty. In the rare instance they can't, the judge may declare a hung jury, which could lead to a retrial. What if Erin Patterson is found guilty? ADVERTISEMENT If found guilty of murder, Patterson faces a maximum penalty of life imprisonment. The judge would determine her sentence at a later date. What happens if Erin Patterson is found not guilty? If Patterson is found not guilty, she will be acquitted of the charges and released from custody. An acquittal means the jury was not satisfied of her guilt beyond reasonable doubt and that the legal threshold for conviction was not met. What happens next? The trial is ongoing and has now lasted for six weeks. Cross-examination is underway, and Patterson is expected to remain on the stand into next week. Closing arguments will follow, then final instructions from the judge before the jury deliberates. The trial could stretch into late June.
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5 days ago
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'You knew they were death caps': Prosecution grills Erin Patterson
The prosecution has launched a blistering cross-examination of Erin Patterson, accusing her of knowingly preparing deadly death cap mushrooms for a lunch that left three people dead and a fourth critically ill. Patterson has pleaded not guilty to three counts of murder and one attempted murder charge over a poisonous beef Wellington lunch she made for her former husband's family in July 2023. The 50-year-old has spent days giving evidence in her own defence. But, on Thursday, the tone in the courtroom shifted dramatically as prosecutor Nanette Rogers SC began questioning Patterson over what she knew, what she did, and what she lied about. 'You were keen to get rid of the evidence, correct?' Patterson admitted earlier in the week that she threw out her food dehydrator days after the fatal lunch and factory reset her phone to delete photos of mushrooms and the machine itself. ADVERTISEMENT 'I panicked and didn't want [the detectives] to see them,' she told the court. 'It was a stupid kneejerk reaction… I was just scared. But I shouldn't have done it.' Erin Patterson (Source: Nine) But the prosecution argued that her actions were not about fear — they were about concealment. 'You knew that they were death cap mushrooms that you'd been dehydrating, correct?' Rogers asked. 'No, I didn't know that,' Patterson replied. 'You were very keen to dispose of any evidence that might connect you with the possession of death cap mushrooms?' ADVERTISEMENT 'No, I didn't,' she said again. Photos, scales, and a possible 'fatal dose' The court was then shown photos found on Patterson's phone — images of mushrooms sitting on a dehydrator tray, balanced on kitchen scales. Rogers said expert evidence from mycologist Dr Thomas May suggested the mushrooms were consistent with Amanita phalloides — the toxic species commonly known as death caps. 'I suggest you were weighing these mushrooms so you could calculate the weight required for... a fatal dose,' Rogers said. 'I disagree,' Patterson replied. She also rejected the claim that she had foraged those mushrooms after seeing a post online showing where they were growing, saying simply: 'That's not correct.' ADVERTISEMENT Cancer lie under new scrutiny The prosecution also turned its focus to Patterson's admitted lie about having cancer — a claim she made during the lunch to explain an upcoming medical procedure. Earlier this week, Patterson said the lie was a cover for planned gastric bypass surgery and that she had felt ashamed. Now, the court has been shown images and internet searches related to ovarian and brain cancer, allegedly accessed in May 2023. "I suggest this information from the internet would allow you to tell a more convincing lie," Rogers said. "That's theoretically true, but it's not what I did," Patterson replied. She said she had previously feared she might have cancer in late 2021 or early 2022, but not in 2023. ADVERTISEMENT Religious tension, emojis and messages Patterson was also questioned over Facebook messages that the prosecution claimed mocked her in-laws'religious advice, particularly her use of emojis such as 🙄 and 😐 when referring to prayer. Patterson denied mocking Don and Gail Patterson, saying she was "frustrated" and didn't even know how to describe the emoji she used. Don and Gail Patterson. (Source: Supplied) "All I can say is it's a face with a straight line for a mouth." Rogers suggested the tone of her messages combined with her claim she was an atheist in a religious household reflected deeper resentment. Patterson denied making those posts publicly. Trial timeline extended ADVERTISEMENT Justice Christopher Beale told jurors on Thursday the trial was now likely to stretch into late June. Erin Patterson was expected to remain on the stand into next week, with court sitting Tuesday to Friday due to the King's Birthday public holiday in Australia. Once her testimony concluded, legal discussions would take place behind closed doors before closing arguments and final jury directions began. "Take all the time you need," Justice Beale told the jury. Patterson has pleaded not guilty to all charges and continued to maintain her innocence.
