- Erin Patterson’s defence lawyer Colin Mandy, SC, continued his cross-examination of Detective Leading Senior Constable Stephen Eppingstall. The detective was asked about the search warrant police executed at Patterson’s home in Leongatha on August 5, 2023.
- Eppingstall was shown a series of messages sent by Erin between December 5 and 9, 2022, where she discussed her ongoing issues with Simon and his family. Eppingstall was shown a message from online friend Jenny Hay in response to a message from Erin about a text she had received from Don where Hay describes Simon’s family as “morons”. “What morons. Anyway, you weren’t asking them to adjudicate, you just wanted them to hear your story,” the message read.
- Mandy shows Eppingstall another message Erin sent the group where she said Simon was likely loving how upset she was about the situation.
- The jury was shown a series of Signal messages between Don Patterson and Erin between January 1 and 15, 2022, where they discussed some of her ongoing health issues.
- Eppingstall also told the court why police did not obtain more of Erin Patterson’s phone records, saying seeking the data would be too costly.
This was published 9 months ago
Erin Patterson trial as it happened: Alleged mushroom cook’s phone records too expensive for police
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Patterson’s phone records too expensive for police
The lead detective in the mushroom lunch case has explained why police did not obtain more of accused killer cook Erin Patterson’s phone records, saying seeking the data would be too costly.
On Thursday, defence barrister Colin Mandy, SC, quizzed Detective Leading Senior Constable Stephen Eppingstall about why mobile phone data log records weren’t gathered for the entire investigation period – about a year – and instead focused on 27 dates closer to the lunch that left three people dead.
He said police were charged as much as $1700 for two hours of data, so seeking a year’s worth of mobile phone location tracking would have left the homicide squad with a six-figure bill.
“It’s very cost-prohibitive,” he said.
“My boss isn’t real keen on spending that much money,” he said.
Health, hopes and heart emojis: A glimpse into Erin and her father-in-law’s private messages
The jury has now been shown a series of Signal messages between Don Patterson and Erin Patterson between January 1 and 15, 2022, in which they discussed some of her health issues.
“Sorry to hear about your back problems. Hope and pray it gets better quickly. It was great to chat with the kids this morning,” a message from Don read.
Erin replied to thank him for his message and said she had a terrible day the day before. “We will keep praying that He keeps you all in good health,” Don replied.
Erin responded that the only pain relief that seemed to work was Nurofen, but she “stupidly” ran out. She also messaged Don about COVID-19 cases in Leongatha and Korumburra and warned him to be careful when “out and about”.
‘Simon is probably loving how upset I am about all this’: Erin’s Facebook exchange with friends
Colin Mandy, SC, is continuing to share parts of a Facebook exchange Erin Patterson had with friends.
Mandy has now pointed detective Stephen Eppingstall to another message Erin sent the group that was not included in the exhibit tendered by the prosecution, where she said Simon was probably loving how upset she was about the situation.
“I suspect the best thing I can do about it is forget about all of them and live my life. Simon is probably loving how upset I am about all this,” the message read.
Another user responded: “You are human and you have every right to be upset and angry. If he is loving that then that makes him even worse. Hopefully he will have to pay up soon.”
“I am so sorry Erin, it’s so f***ng hard when you’re not believed or listened to or understood. I went though similar with my ex in-laws,” a second user said.
‘What morons’: Defence shows Facebook exchange about Simon’s family
Before breaking for the afternoon, Colin Mandy, SC, switched his line of questioning to a series of Facebook messages sent from his client Erin Patterson to online friends in early December three years ago.
Mandy showed Stephen Eppingstall (the lead detective in the mushroom lunch case) a series of messages sent by Erin between December 5 and 9, 2022, in which she discussed her ongoing issues with Simon and his family.
The defence barrister has told the court the messages are contained in 186 pages of records, a selection of which has previously been shown to the jury by the prosecution.
He has taken Eppingstall to a message from online friend Jenny Hay in response to a message from Erin about a text she had received from Don in which Hay describes Simon’s family as “morons”.
“What morons. Anyway, you weren’t asking them to adjudicate, you just wanted them to hear your story,” the message read.
Detective questioned on Subway CCTV
Continuing his questioning of the detective, Colin Mandy, SC, has now moved to ask Stephen Eppingstall about CCTV footage that shows a red car pulling up and a teenager getting out of a car to walk into a Subway store in July 2023.
Eppingstall said there were some discrepancies between the timestamp in the footage and the time bank records provided by Simon Patterson, which showed Erin’s son had bought food from the sandwich outlet.
“What I want to suggest to you is that, that’s not Erin’s [son],” Mandy said.
Mandy has now shown the jury an image of Erin’s son on July 17, 2023, standing next to Don, followed by a still image for CCTV footage from inside Subway, and another image of Erin’s son.
Lego and laptops: Police search photos shown to jury
Staying on the topic of the search of Erin Patterson’s home, defence lawyer Colin Mandy, SC, suggests to Stephen Eppingstall (the lead detective on the mushroom lunch case) that a laptop was among some of the items on the shelves of the room at the time of the warrant.
The jury has been shown images taken by police during their search of Erin’s home on August 5.
Among those is a photograph of a computer and Lego room. The photo shows several white shelves covered in Lego figurines and some baskets containing nondescript items.
Eppingstall said he couldn’t tell what that item is.
Mandy: These items were not seized by the police?
Eppingstall: If these are laptops, it’s the first time I’m hearing about these items.
What police seized from Erin Patterson’s home
After a break for lunch, Erin Patterson’s lawyer, Colin Mandy SC, has restarted his cross-examination of the lead detective on the mushroom case – Stephen Eppingstall.
He is asking him about the search warrant police executed at Patterson’s home in Leongatha on August 5, 2023.
Eppingstall said Erin was allowed to walk around the house under the supervision of an officer and was permitted to use her phone to make arrangements for her children.
“We allowed her to retain her phone, she had arrangements to make in regards to her children,” he said.
Defence lawyer continues questioning
Erin Patterson’s lawyer continues questioning the lead homicide detective on the mushroom case.
Colin Mandy, SC, has now taken Stephen Eppingstall to a screenshot of the iNaturalist website that he took as part of his investigations for the case in December 2024.
Eppingstall agrees the website would have looked differently in 2022 to what it did when he took a screenshot in 2024, and could not answer whether developers would have changed the layout and format.
Mandy: Other than the fact that’s a page with the same URL, you don’t have any evidence as to what the landing page of that URL was in May 2022 or if it was this landing page in 2022, whether any of the details contained on it were the same.
Eppingstall: No.
Mandy: And you would expect the number of observations would have been different?
Eppingstall: Yes.
Mandy: And the placement of the little squares would have been different.
Eppingstall: Yes, sir.
Detective quizzed on Simon’s phone data
Erin Patterson’s lawyer Colin Mandy, SC, is now continuing his questioning of the lead homicide detective on the mushroom case.
He asks Stephen Eppingstall about the phones he acquired and searched during his investigation.
The detective confirmed he had met with Simon Patterson on August 6, 2023, who had provided Don and Gail’s mobile phones as well as his own mobile phone.
Eppingstall explained he was unable to download the contents of Simon’s mobile phone on the day, so he handed the phone back to Simon, who returned on September 12, 2023, to have the phone downloaded. ″He indicated that he recently changed his handset,” Eppingstall said.