Summary

Media caption,

BBC outside court as toxic mushroom lunch trial begins

  1. What the jury need to decidepublished at 02:03 British Summer Time

    Tiffanie Turnbull
    Live reporter

    The judge is outlining what the "elements" of each charge are - essentially what the jury has to be satisfied of, beyond a reasonable doubt, to deliver a verdict of guilty.

    For murder, there are four:

    • That Erin Patterson caused the deaths by serving a poisoned meal
    • That her conduct was conscious, voluntary and deliberate
    • That she intended to kill or cause very serious injury
    • And that she killed the deceased without lawful justification or excuse

    The judge says the second one is going to be key.

    He says Ms Patterson's defence is that "she didn't deliberately serve up a poisoned meal".

  2. Jury entering courtroompublished at 01:55 British Summer Time

    The jury is entering the courtroom at Latrobe Valley Law Courts in Morwell, Victoria.

    There are 15 jurors listening to this trial - we explained why earlier.

  3. Erin Patterson served 'individual beef wellingtons'published at 01:35 British Summer Time

    Helen Sullivan
    Live reporter

    At the opening of the trial yesterday, Justice Christopher Beale spoke to the newly-selected jury about the meal that the charges relate to.

    This is what he said below. The words "death cap" refer to a type of mushroom.

    "Erin Patterson hosted a lunch in late July 2023 at her home in Leongatha to which she had invited her estranged husband, Simon Patterson, and her in-laws," he said.

    "Simon Patterson did not attend but his parents, Don and Gail Patterson, and his aunt and uncle, Heather and Ian Wilkinson, did attend that lunch.

    Quote Message

    The accused served individual beef wellingtons to her lunch guests; three of whom subsequently died from death cap poisoning. Ian Wilkinson was the only lunch guests who survived, though he was also gravely ill for a time and the accused denies that she deliberately poisoned anyone.

    Justice Christopher Beale

  4. Several news crews here this morningpublished at 01:25 British Summer Time

    Katy Watson
    Australia correspondent, reporting from court

    A camera pointed at the front of court

    Outside Latrobe Valley Law Courts, there are several news crews, presenting teams, photographers and journalist teams waiting for the trial to start.

    And there are more coming inside to listen to the opening arguments in the overflow room.

    It’s a regional court probably not used to such commotion - it’s made the security queue longer as journalists line up to head inside and watch the trial.

    And it’s a really small courtroom - it seats about 40 people, according to the courts here.

  5. Some of the charges dropped on eve of trialpublished at 01:17 British Summer Time

    On Tuesday, the judge told the jury that three of the charges against Erin Patterson, each of them related to her estranged husband, were withdrawn by prosecutors.

    In other words, Ms Patterson will not face trial over allegations she attempted to murder her estranged husband.

    "You must put them out of your mind," Justice Christopher Beale said.

    Ms Patterson still faces four charges: three counts of murder and one of attempted murder in relation to other relatives.

    She has pleaded not guilty.

  6. Where is this trial being held?published at 01:13 British Summer Time

    Simon Atkinson
    Australia producer, reporting from court

    Map showing where Morwell, Leongatha and Melbourne are

    Today we’re in Latrobe Valley Law Courts - a fairly small and unimposing modern building on the main road through the town of Morwell in regional Victoria.

    It is about a 45-minute drive from the Leongatha home, where it is alleged Erin Patterson knowingly served her family a meal containing poisonous mushrooms, which she denies.

    In this state, serious charges such as murder and attempted murder would typically be heard in the Supreme Court of Victoria, usually in Melbourne.

    The judge, barristers and some of the court staff are travelling here each week and staying nearby (accommodation has been hard to find!). Court finishes at lunchtime on Fridays - in part to allow out-of-towners to get home for the weekend.

    Jurors however have been drawn from the local area.

  7. Why are there 15 jurors rather than 12?published at 01:00 British Summer Time

    Simon Atkinson
    Australia producer, reporting from court

    This a jury trial - and on Tuesday the jurors for the case were selected.

    Before that took place Judge Christopher Beale told a pool of 120 potential jurors that given this was a such a high profile case, it was inevitable they’d heard something about it in the media or the local community. This, he said, was OK.

    But anyone who had paid "particular" interest in the case - such as listening to one of the several podcasts about it - was told they should excuse themselves. And those who felt they had already formed a view of Ms Patterson’s guilt or innocence was told they too should not be part of the jury.

    When all the evidence has been heard, it will be up to 12 jurors to decide whether Ms Patterson is guilty or not guilty of each of the four charges she faces.

    However 15 jurors have been selected to sit through the trial. The idea is that should any of them have to leave - through illness or a family emergency, for example - the trial can continue.

    If there are more than 12 jurors remaining when evidence has finished, a ballot will be held to choose the 12 people who will deliberate and reach the verdicts.

  8. The trial in a nutshellpublished at 00:48 British Summer Time 30 April

    A court sketch showing Erin Patterson in court, wearing a pink shirt
    Image caption,

    A court sketch of Erin Patterson from Tuesday

    Over about six weeks, the jury will be asked to weigh up evidence and decide whether Erin Patterson is guilty of four charges: three of murder, and one of attempted murder.

    Prosecutors say she intentionally served up a meal containing poisonous mushrooms at her house in Leongatha in July 2023, but the details of those allegations will be outlined in court today.

    Three people died in hospital in the days after the lunch, including Ms Patterson's former in-laws, Don Patterson, 70, and Gail Patterson, 70, as well as Gail's sister, Heather Wilkinson, 66.

    Heather's husband, 71-year-old Baptist pastor Ian Wilkinson, survived after weeks of treatment in hospital.

    Ms Patterson has pleaded not guilty.

  9. Judge warns jury over huge worldwide attention on this casepublished at 00:37 British Summer Time 30 April

    Katy Watson
    Australia correspondent, reporting from court in Morwell

    This is a long-awaited case here in Australia - and it’s gained huge attention elsewhere too.

    The judge said as much to the jury on Tuesday when they were chosen - that being realistic, most, if not everyone, would have some prior information about this case. He warned them that the attention on this case would likely intensify as the trial went on.

    He also warned jurors to ignore anything they’ve seen in the media, including social media and to change the channel if the story comes on the news, scroll to a different page if it’s online or turn the page in a newspaper.

    "Don’t risk your opinion as judges of the facts being contaminated," he told them.

  10. Trial begins for woman accused of cooking toxic mushroom lunchpublished at 00:36 British Summer Time 30 April

    Tiffanie Turnbull
    Live reporter

    The much-anticipated trial of Erin Patterson - who is accused of cooking a mushroom lunch which killed three relatives and seriously injured another - has arrived.

    This case made global headlines in 2023, and the allegations against Ms Patterson, which she denies, are about to be heard in open court for the first time.

    We've got a team at the courthouse in Morwell, in regional Victoria, and will be bringing you updates throughout the day. Stay with us.

    Erin Patterson looks up above the camera. Her hair is shoulder length and brownImage source, Nine
    Image caption,

    Erin Patterson is from Leongatha in Victoria