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As it happened: Prosecutor suggests accused mushroom cook wanted to appear unwell after beef Wellington lunch - Erin Patterson trial day 29

Marta Pascual Juanola and Erin Pearson
Updated ,first published

What happened on day 29 of the mushroom trial

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Here is a recap of the key moments from the trial today:

Police informant Detective Acting Sergeant Stephen Eppingstall leads out members of the Homicide Squad on Tuesday.Jason South
  • Patterson was questioned about the timing of when she began to feel ill and how that accorded with the evidence her children gave earlier in the trial.
  • Patterson rolled her eyes and shrugged when it was suggested that she had told nurse Kylie Ashton that she wasn’t prepared to be admitted to hospital soon after she arrived there.
  • Patterson said she does not remember anyone at Leongatha Hospital telling her that her life was at risk, but recalled being told it was time-sensitive that she receive treatment.
  • When asked about her reluctance to bring her children to hospital for observation for fear of scaring them, Patterson said she thought the doctor’s assessment of the situation as “scared and alive, or dead” as a “pretty bizarre [thing] to say”.
  • Patterson recalled the “sarcastic tone” of her estranged husband, Simon Patterson, in an exchange over who would pick up the children.
  • The accused also denied the prosecutor’s suggestion that she wanted to appear ill after the beef Wellington lunch, as it might seem suspicious if she weren’t ill like the other guests.

The leftovers police found in the bin

By Marta Pascual Juanola

Prosecutor Nanette Rogers, SC, has asked Erin Patterson about the meal leftovers which police recovered from a bin at the accused woman’s home in Leongatha.

Rogers puts to Patterson that the food found in the bin was a single, individual beef Wellington cut in half. Patterson disputes that.

Erin Patterson (left) and prosecutor Nanette Rogers, SC.The Age

Patterson: There was the mushroom and pastry from one full one and the mushroom and pastry from a bit that I didn’t eat.

Rogers: And how much did you eat?

Patterson: I think we’ve been over that.

Rogers: I’m asking you again.

Patterson: Somewhere between a third, a quarter or a half. I don’t know.”

Rogers suggested to Patterson that the beef Wellington she had prepared with death cap mushrooms and that she was going to serve her estranged husband, Simon Patterson, was in the bin.

Prosecutor suggests Patterson wanted to appear ill after beef Wellington

By Marta Pascual Juanola

Erin Patterson has denied suggestions by prosecutor Nanette Rogers, SC, that the reason the accused woman told her estranged husband, Simon, and medical staff that she was unwell was because she wanted to appear as though she was also unwell after consuming the beef Wellington lunch.

Rogers said there was evidence from Professor Andrew Bersten that blood samples taken from Patterson at Leongatha Hospital sometime before midday on July 31, 2023, showed almost all of her results within the reference range.

Professor Andrew Bersten outside court on May 14.Justin McManus

Bersten’s evidence was that the results showed no evidence of liver injury, Rogers told the court.

Rogers: I suggest you were not seriously unwell because you did not consume even a minute amount of death cap mushrooms at the lunch. What do you say?

Patterson: I have no idea if I did or I didn’t.

Rogers: You were not suffering from death cap mushroom poisoning.

Patterson: Incorrect.

Rogers: You deliberately tried to make it look like you were.

Patterson: Incorrect.

Rogers: You did that because you knew you had not eaten death cap mushrooms and you knew how suspicious it would look if you did not seem sick like your guests.

Patterson: Incorrect.”

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‘I may have been confused’: The questions about the hours after lunch

By Marta Pascual Juanola

Erin Patterson has told her trial she couldn’t remember having diarrhoea at the time she drove her son’s friend home in the hours after the fatal lunch.

During her cross-examination, Patterson conceded to prosecutor Nanette Rogers, SC, that she might have been confused when she told officials that she was worried about having an accident as she drove on the evening of July 29, 2023.

“I don’t know if I said it or not. But I may have. And I may have been confused about how I felt on Sunday [July 30, 2023],” Patterson told the jury.

Prosecutor Nanette Rogers, SC, on Tuesday.Jason South

“I had had a lot of people ask me the same questions over and over, and I felt unwell and I felt anxious and I was feeling confused and stressed. I was doing my best to answer everyone’s questions, but I may have gotten things wrong along the way.”

Here is some of the exchange between Rogers and Patterson:

Rogers: Your evidence is that you had some diarrhoea on Saturday evening.

Patterson: That’s correct.

Rogers: Your evidence is that you wouldn’t have taken [your son’s friend] home if you felt you were going to have diarrhoea.

Patterson: I didn’t say that.

Rogers: Was it your evidence that you didn’t have diarrhoea and that’s why you took [the boy] home?

Patterson: No, I took [the boy] home because he needed to get home.

Rogers: Wasn’t it your evidence that you did not have diarrhoea when you took [the boy] home?

Patterson: Correct.

Rogers: Is it your evidence you had diarrhoea before you took [the boy] home?

Patterson: No.

Rogers: When was the first time in your evidence that you had diarrhoea on July 29, 2023?

Patterson: Late in the evening.

Rogers: How late?

Patterson: I’m not sure what time.”

Family member at hospital when accused was told she could go home

By Marta Pascual Juanola

The day after Erin Patterson was admitted to Monash Medical Centre, she received a message from Tanya Patterson, the sister-in-law of Erin’s estranged husband, Simon.

Prosecutor Nanette Rogers, SC, has taken Erin Patterson to Tanya’s evidence from earlier in the trial, during which the court heard Tanya sent a message on August 1, 2023 asking how Erin was and offering to visit her in hospital.

Tanya Patterson outside court on May 8.Jason South

Tanya previously said in court that Erin told her she felt nauseous, dizzy and tired. Tanya recalled to the court that when she visited the hospital, she was told by hospital staff there was no Erin Patterson there.

Erin Patterson.Jason South

Trial focuses on timeline of toilet stops

By Marta Pascual Juanola

Erin Patterson is being cross-examined about her time at Monash Medical Centre on July 31, 2023, after she was driven there from Leongatha Hospital.

Prosecutor Nanette Rogers, SC, has taken the accused to the evidence of toxicologist Dr Laura Muldoon, who earlier in the trial described Patterson reporting that she had explosive diarrhoea “brown in colour” every 10 minutes or so.

Dr Laura Muldoon outside court on May 13.Joe Armao

“I certainly would have said I had it every 10 minutes for two days, but at its worst it may have been like that,” Patterson told the jury.

Sally Ann Atkinson outside court on May 26.Jason South
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Simon’s ‘sarcastic tone’ in exchange over picking up the children

By Marta Pascual Juanola

Erin Patterson has disputed more evidence given earlier in the trial by Cindy Munro, who was working as a nurse at Leongatha Hospital on July 31, 2023.

Cindy Munro outside court on May 8.Jason South

The accused disputed Munro’s evidence that as the nurse inserted a tube in Patterson’s arm, the mother of two told her “she did not want any of this”, she did not understand why she was having IV fluids and she did not want “any interventions”.

“That’s what I was in hospital for, to get treatment,” Patterson told the jury today.

“She’s taken a different angle on what happened. That’s my memory.”

Accused disputes timing of conversation with nurse in Leongatha Hospital

By Marta Pascual Juanola

Prosecutor Nanette Rogers, SC, is now asking Erin Patterson about the evidence given by Leongatha Hospital nurse Cindy Munro, who earlier said in court that she told Patterson that her the children could be unwell and needed to be taken to hospital.

Patterson said she was puzzled by Munro’s evidence since the nurse told the court the conversation happened about 11.45am on July 31, 2023 – two days after the lunch – and Patterson’s estranged husband Simon was already halfway to picking the children up from school.

Cindy Munro outside court on May 8.Jason South

“It wouldn’t have occurred at that time, and I don’t remember having that conversation with her at all,” Patterson told the jury.

Patterson said she was baffled by Munro’s evidence that it was the first time the nurse had heard about the children, since she had told Dr Veronica Foote and Dr Chris Webster two hours earlier.

Doctor’s remarks a ‘pretty bizarre’ thing to say, accused tells jury

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Erin Patterson is being asked about evidence given by Dr Chris Webster, during which he recalled telling her that her children could be “scared and alive, or dead” after she expressed reluctance to take them to the hospital for assessment.

Dr Chris Webster outside court on May 7.Jason South

Patterson: He made it clear that he thought they might be at risk.

Prosecutor Nanette Rogers, SC: In the face of that, in your evidence, you were reluctant to tell the children.

Patterson: I was trying to make sense of what was going on and what Dr Webster was saying to me. I thought to be ‘scared and alive, or dead’ was a pretty bizarre [thing] to say.

Rogers: You were reluctant, I suggest, to have your children medically assessed. Correct or incorrect?

Patterson: Incorrect. I wanted to understand what the concerns were.

Rogers: You did not take immediate action to contact the school after Dr Webster spoke to you in the plaster room.

Patterson: Correct.”

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Focus on a phone ping two days after fatal lunch

By Marta Pascual Juanola and Erin Pearson

Prosecutor Nanette Rogers, SC, is asking Erin Patterson about the evidence given by Dr Matthew Sorell, an expert in mobile phone towers.

In his evidence, Sorell suggested that Patterson’s phone was initially connected to the Leongatha base station before connecting to the Outtrim base station tower about 1.45pm on July 31, 2023 – two days afer the lunch.

Dr Matthew Sorell outside court on May 19.Jason South

Rogers: I suggest that you drove on the Bass Highway towards Outtrim.

Patterson: I did not and that’s not possible.

Rogers: I suggest that’s why phone records show your phone tracking south-west of Leongatha.

Patterson: Incorrect.

Rogers: Is it your evidence that you did not leave your house after you returned home after leaving the hospital.

Patterson: I did leave the house. I went back to the hospital.

Rogers: I suggest that when you returned to Leongtha to re-present at the hospital you did so to maintain the fiction of you similarly being unwell as your lunch guests.

Patterson: Incorrect.”

Later, Rogers questioned Patterson about evidence given by another nurse, Mairim Cespon, related to the same day, July 31, 2023.

Rogers: And that’s what you spend one hour and 40 minutes doing while you were away from hospital ... thinking about ways to cover your tracks.

Patterson: I’m sure I did some thinking during that time but it wasn’t covering my tracks.

Rogers: Nurse Cespon says you re-presented at 9.48am and told her [you were] nauseated. After speaking with nurse Cespon, Dr [Chris] Webster came to speak with you again. The nurse said the doctor said in your presence the children needed to be reviewed and you got upset?

Patterson: Yes.

Rogers: And that Dr Webster told you your children needed to be medically reviewed?

Patterson: Yes.

Rogers: Cespon said you went to the toilet three times.

Patterson: I went to the toilet more than three times.

Rogers: Did you say to Ms Cepson, ‘It’s a bowel motion that does look like a wee but is a bowel motion’?

Patterson: I think I said something like that, yes.”

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