Erin Patterson: Trial begins for Australia woman accused of toxic mushroom lunch

Summary

Australian woman Erin Patterson is on trial accused of killing three relatives and seriously injuring another by allegedly serving a lunch containing poisonous mushrooms
The prosecution says Ms Patterson, 50, served beef wellington and ate from a smaller and different coloured plate from her four guests
One of the guests later questioned this after they fell ill, asking "does Erin have a shortage of crockery?", the court hears
Ms Patterson, 50, is facing three murder charges and one count of attempted murder - all of which she denies
The parents of her estranged husband, Don and Gail Patterson, both died as well as Gail Patterson's sister, Heather Wilkinson. Heather's husband, Ian Wilkinson, became ill but survived
Ms Patterson's children were not at the lunch at her home in Leongatha, Victoria, but later ate leftovers with the mushrooms scraped off, the jury hears

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BBC outside court as toxic mushroom lunch trial begins

Live Reporting

Edited by Francesca Gillett and Tiffanie Turnbull, with Katy Watson and Simon Atkinson at court in Victoria

Erin Patterson told family she felt sick too - prosecutorpublished at 03:24 British Summer Time
Tiffanie Turnbull
Live reporter
The prosecution outlines Erin Patterson's movements on the day after the lunch.
Nanette Rogers says Erin Patterson's children found her drinking coffee at the dining table that morning.
"She said she was sick with diarrhoea and they may not be able to go to church that morning," says Dr Rogers.
Her estranged husband called later that day to tell her his relatives were in hospital, and asked how she was, the court hears.
Ms Patterson said she had felt unwell since the previous afternoon, and was needing to go to the toilet every 20 minutes, all night long, says Dr Rogers.
Doctors 'made a working diagnosis of death cap mushroom poisoning'published at 03:23 British Summer Time
Simon Atkinson
Australia producer, reporting from court
We are getting of a picture of what was unfolding in the healthcare system, according to the prosecutor.
The Wilkinsons and Pattersons were in different hospitals, but doctors were talking to each other and using the information to set up treatment plans using “a working diagnosis of death cap mushroom poisoning”, says the prosecution.
Donald Patterson was moved to intensive care within hours - prosecutionpublished at 03:20 British Summer Time
Simon Atkinson
Australia producer, reporting from court
The court hears a decision was taken initially not to give guest Donald Patterson a drug called silibinin - a treatment for death cap mushroom poisoning - "as there was not sufficient evidence to confirm ingestion of death cap mushrooms".
By midnight that day he had been moved to intensive care, the prosecution says.
Donald Patterson 'vomited more than 30 times after the meal'published at 03:16 British Summer Time
Katy Watson and Simon Atkinson
Reporting from court
Jurors have heard from the prosecution that during his medical assessment Donald Patterson, who had eaten his portion of lunch and about half his wife's, reported to doctors he had vomited upward of 30 times since midnight.
He had to go to the bathroom during the medical assessment.
He received "aggressive" treatment at Dandenong Hospital, about 100km from Leongatha, from where he had been transferred.
According to the prosecution, the doctor for Mr Patterson, who later died, said his symptoms were indicative of serious toxin syndrome caused by the ingestion of death cap mushrooms.
Guests wondered whether Erin Patterson was also ill, prosecutor sayspublished at 03:12 British Summer Time
Katy Watson
Australia correspondent, reporting from court
The prosecutor says two of the alleged victims, Heather and Ian Wilkinson, queried whether the accused was also in hospital, as she’d eaten the same meal as them.
Alleged victim 'asked why Erin Patterson had a different colour plate'published at 03:09 British Summer Time
Katy Watson and Simon Atkinson
Reporting from court
Heather Wilkinson spoke to her nephew Simon Patterson after she felt ill, and told him that Erin Patterson had put her food on a noticeably different plate at the lunch, the prosecutor says.
Simon was told Erin's plate had colours on it, the prosecution says.
"Does Erin have a shortage of crockery? I have been wondering about it since yesterday," Ms Wilkinson said, according to the prosecutor.
Lunch guests called ambulances next morning, says prosecutionpublished at 03:04 British Summer Time
After a night of vomiting and diarrhoea, Heather and Ian Wilkinson called Don and Gail Patterson at about dawn the next day.
The Pattersons said they had similar symptoms and had called an ambulance, and they made their way to hospital.
The Wilkinsons tried to call paramedics too, but they were taking too long, so Simon Patterson took his aunt and uncle to hospital.
Court resumespublished at 02:58 British Summer Time
Simon Atkinson
Australia producer, reporting from court
The court has now resumed - and we’re going to hear more about how the alleged victims ended up in hospital.
Court takes short breakpublished at 02:42 British Summer Time
After about an hour the prosecution outlining their case, the judge suggests it's time for a short break.
Defendant told her guests she had cancer at meal, jury hearspublished at 02:39 British Summer Time
After the lunch, the accused said she had cancer and asked for advice about telling her children, the prosecutor says.
The group prayed together about the best way forward, adds Dr Rogers.
After the lunch broke up, Ms Patterson spent the evening with her children - and Dr Rogers said they don't recall her making any mention of feeling unwell after the meal.
Erin Patterson ate from smaller plate, says prosecutionpublished at 02:38 British Summer Time
Katy Watson
Australia correspondent, reporting from court
The prosecution says there were four large grey dinner plates and a smaller one which was tan orange, according to Ian Wilkinson, who became seriously ill but survived.
The others all ate from large grey dinner plates, Erin Patterson from the smaller plate, says Nanette Rogers.
They said grace and started the meal.
Ian and Heather Wilkinson ate all their portions. Gail Patterson ate half and gave the rest to husband Donald – he ate his portion and the rest of Gail's. Erin Patterson also ate a beef wellington.
The guests 'had banter over how much of meal they ate'published at 02:37 British Summer Time
Simon Atkinson
Australia producer, reporting from court
We are hearing details of the beef wellington meal which was served on large grey plates with mashed potato and green beans.
The beef wellington was beef steak with mushrooms covered in pastry.
“There was banter among them about how much they have eaten," prosecutor Nanette Rogers says.
Lunch invitation was to discuss Erin Patterson's medical issues, court hearspublished at 02:35 British Summer Time
Tiffanie Turnbull
Live reporter
Erin Patterson invited her estranged husband Simon, his parents, and Gail and Ian Wilkinson to her house "to discuss some medical issues she had", the prosecutor says.
Mr and Mrs Wilkinson were "surprised at the invitation because they’d never before been to the accused’s house", Nanette Rogers says.
Simon originally said he'd attend, but texted Ms Patterson the afternoon before to say he'd changed his mind.
He told her "he felt too uncomfortable” but was happy to talk over the phone, the prosecutor says.
Erin replied saying she was "disappointed", Dr Rogers says - and "she emphasised the effort she had put into… the lunch".
Jury shown photo of dining table where lunch was servedpublished at 02:26 British Summer Time
Simon Atkinson
Reporting from court
The jury has been shown a photo of a dining table inside the two-storey, five-bedroom Leongatha house that Erin Patterson moved into in late 2022.
This is the house where the lunch was served.
Patterson took part in online true crime groups - prosecutorpublished at 02:25 British Summer Time
The prosecution is giving us a bit of background about Erin Patterson.
After detailing Ms Patterson's marriage and eventual separation, Dr Rogers says the accused started participating in a bunch of Facebook groups discussing true crime cases.
Erin Patterson stayed 'amicable' with husband after separation, says prosecutionpublished at 02:24 British Summer Time
The prosecution has described Erin Patterson's relationship with her estranged husband, Simon Patterson.
Nanette Rogers says they were married in June 2007 and had two children. During their marriage, Ms Patterson and her husband separated several times for short periods, but subsequently reconciled. They separated permanently in 2015, the court heard.
She says they later lived in separate homes, but despite the separation, the accused and Mr Patterson remained amicable, and even regularly attended the same church.
“[They] remained friendly, amicable, affable... they spoke regularly and took planned holidays together.
“Simon remained hopeful for some time that he and the accused would someday reunite.”
Prosecutor says alleged victims had death cap mushroom poisoningpublished at 02:21 British Summer Time
Katy Watson and Simon Atkinson
reporting from court
Prosecutor Nanette Rogers says police investigated what was initially thought to be a mass food poisoning event.
As a result of the investigation, Erin Patterson was charged with one count of attempted murder and three charges of murder, Rogers says.
The prosecutor is talking about amanita poisoning - that’s death cap mushrooms.
Case originally thought to be 'mass food poisoning' prosecution sayspublished at 02:18 British Summer Time
Tiffanie Turnbull
Live reporter
The prosecution has begun opening their case, telling the jury this case was "originally thought to be a mass food poisoning event".
About 11 to 12 hours after a lunch of beef wellington, the lunch guests each developed severe symptoms, Nanette Rogers SC says.
By midday the next day, all had presented to hospital, she says.
"Over the following days, their conditions declined."
"Ian Wilkinson was the only lunch guest to survive."
Four steps to decide attempted murder charge toopublished at 02:14 British Summer Time
Tiffanie Turnbull
Live reporter
The judge says there are four things the jury needs to be sure of on the attempted murder charge.
That charge relates to Ian Wilkinson, who was seriously unwell for weeks after the lunch, but recovered.
The prosecution must prove:
- That Ms Patterson consciously, voluntarily and deliberately served Mr Wilkinson a poisoned meal
- That her actions went beyond simply preparing to kill Mr Wilkinson, and that they were “immediately” – as opposed to “remotely” - connected to killing him
- That she intended to kill him
- And that she had no lawful justification or excuse for her actions
Judge walks jurors through stepspublished at 02:08 British Summer Time
Katy Watson
Australia correspondent, reporting from court
More now about what the judge is doing now - he's going through what's called a jury checklist.
Justice Beale is explaining to the jury that the law requires conduct that attracts criminal responsibility to be "willed conduct" - words like conscious and voluntary rule out circumstances where someone is sleep-walking and are not aware of what they are doing.
He’s also talking about intention - has the prosecution proved that at the time of the alleged conduct, the accused intended to kill or cause really serious injury to the deceased?
There’s a series of questions where they have to answer yes or no, at which point they can move on to the next one - trying to work out if the accused is guilty or not guilty.