Death Cap Defense: Erin Patterson's Last Stand in Triple Murder Trial

Erin Patterson completed her final day of testimony in her triple murder trial at the Supreme Court of Victoria, facing questioning about inconsistencies in her story and allegations she deliberately poisoned her relatives with death cap mushrooms. 

The prosecution directly challenged Ms Patterson on key points including a disputed roadside stop, suspicious phone activity, and her alleged research of toxic fungi, while she maintained her innocence when asked if she deliberately killed her family members.

• Crown Prosecutor Dr Nanette Rogers suggested Ms Patterson's "bushland poo" story was fabricated when her son couldn't recall the incident happening
• Prosecutors alleged Ms Patterson deliberately removed a SIM card from her phone during an unscheduled police visit on August 5, 2023
• Ms Patterson denied researching death cap mushrooms or deliberately including them in the beef wellington
• Defence counsel presented evidence of Ms Patterson's communications with a cosmetic clinic, addressing confusion about weight loss treatment options
• Ms Patterson explained she made six beef wellingtons because she had enough ingredients and thought she could eat the extra one another day
• The trial now moves to closing arguments before the jury deliberates on a verdict

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Chapters

• 0:00 Erin Patterson's final testimony day
• 2:14 Prosecution questions roadside stop story
• 3:35 Phone evidence and SIM card allegations
• 5:56 Defense addresses clinic appointment confusion
• 8:15 Podcast updates and personal note

Transcript

Speaker 1: 0:00

Hello and welcome to the Mushroom Murder Trial podcast. My name is Lisa and today Erin Patterson spent her final day giving evidence in her triple murder trial in the Supreme Court of Victoria at Morwell. The mother of two is accused of serving a beef wellington laced with death cap mushrooms to her four relatives, deliberately resulting in the deaths of three people, while her defense argues it was a terrible and tragic accident. And just like that, the evidence portion of Erin Patterson's triple murder trial has come to a close. The courtroom is now shifting gears. Next up the closing arguments from both the prosecution and the defense, then it will be over to Justice Christopher Beale, who will give the jury its final instructions before they retreat to deliberate on a verdict. Quick reminder before we launch into today's updates head to the Mushroom Murder Trial podcast to subscribe for my free newsletter, and it will come out soon with some extra content and some more information for you. So make sure you're in line for that and if you haven't yet, please subscribe to this podcast on your preferred platform so you never miss an episode. And now what we learnt today Ms Patterson was told her account of stopping for a bushland poo on the side ofa highway was a quote lie made up to explain a long driving trip a day after the fatal mushroom lunch. It was her final day on the witness stand where the mum of two has pleaded not guilty to all counts.

Speaker 1: 1:44

At the start of the hearing, the 31st day of the trial, can you believe that Ms Patterson was cross-examined on her evidence by Crown Prosecutor Dr Nanette Rogers? Now Dr Rogers asked Ms Patterson about evidence she had given concerning being forced into stopping to have diarrhoea on the side of the road. The 50-year-old had previously told the court the incident happened while driving her son to a flying lesson. She said she was suffering nausea and diarrhea on July 30, 2023, and had to suddenly stop 30 minutes into the car trip. Ms Patterson recalled she'd driven her two children for the flying lesson but it was cancelled just before they arrived. Dr Rogers took Ms Patterson to her son's evidence where she said at no stage did his mother stop to use the toilet Quote. I suggest he did not recall it because it did not happen. Dr Rogers asked Disagree. Ms Patterson said Quote this is another lie you've told to explain how you managed the trip. The prosecutor asked Disagree. Ms Patterson said.

Speaker 1: 2:57

The court then moved on to the facts concerning so-called phone A. The prosecution was asking Ms Patterson about two mobile phones she used in 2023, referred to as phone A and phone B. Now this is a lot, so I will read it all from the transcript for you later this weekend, but it's very complicated so we'll just go into the facts at the moment. Now, ms Patterson said that from about February 2023, she used phone A as her main device to send and receive texts, make phone calls and take photographs. Dr Rogers maintains she also used this device to research death cap mushrooms and to look up the iNaturalist website in 2023, including a post by Dr Tom May on May, the 21st 2023, and a second post by pharmacist Christine McKenzie on April 18, 2023. You may have heard them testify earlier in the trial. Disagree, ms Patterson said.

Speaker 1: 4:02

Dr Rogers said it was an agreed fact in the trial that a loss of phone connection could be caused by the SIM card being removed from a handset, the battery being removed without turning off the device and the handset being damaged. She continues I suggested that you remove the SIM from phone A between 12.01pm and 1.45pm on August 5, 2023. That was the day the police did an unscheduled visit to Erin's house. Ms Patterson, disagree. Dr Rogers, I suggest that you had physical possession. I'm sorry of this phone when you did that. Ms Patterson, disagree. Dr Rogers, I suggest you remove the SIM card. When you were afforded privacy and in brackets, that means the police allowed her to go into a room alone to contact a lawyer. Ms Patterson, that happened at 2pm. Ms Patterson, that happened at 2pm. Dr Rogers, I suggest that your claim that the black item on the windowsill is phone A is simply nonsense. Ms Patterson, disagree.

Speaker 1: 5:12

The Crown Prosecutor then ended her cross-examination with three final questions for Ms Patterson. Dr Rogers, I suggest that you deliberately source death cat mushrooms in 2023. Agree or disagree, erin? Disagree, dr Rogers, I suggest that you deliberately included them in the beef wellington you serve to. Donald Patterson, gail Patterson, anne Wilkinson and Heather Wilkinson. Agree or disagree, erin? Disagree, dr Rogers, and you did so intending to kill them. Agree or disagree, erin? Disagree, dr Rogers. No further questions.

Speaker 1: 5:56

And then we move on to Erin's barrister Columandi, sc, who asked his client about her evidence concerning the Enrich Dermatology and Cosmetic Clinic in South Yarra. That was in my most recent episode, so if you want to catch up on that, that would be good for this. So he reminded her she had said she had booked the pre-surgery appointment for a gastric bypass at the end in September 2023. Mr Mandy reminded Ms Patterson that Dr Rogers had suggested the clinic didn't offer weight loss or gastric bypass surgery. A statement provided to the court by the clinic declared the clinic only offered examinations for skin, hair and nails. Ms Patterson told the jury she may have been looking into having liposuction.

Speaker 1: 6:49

Mr Mandy presented evidence today that Ms Patterson made calls to the clinic on April 19 and May 31, 2023. Ms Patterson said she believed the clinic offered weight loss surgery options and she understood the appointment was to discuss her options, but she cancelled the appointment and never attended. An SMS from the clinic sent to Ms Patterson on September 11, 2023 was read out to the court. Mr Mandy also produced a screenshot of a website page for the clinic which said a doctor at the facility had stopped offering liposuction as a treatment option for patients as of June 30, 2024. Ms Patterson said she was mistaken. The clinic offered gastric bypass surgery.

Speaker 1: 7:41

Mr Mandy also asked her why she made six beef wellingtons. She said she had enough meat, pastry and other ingredients to make six. I had enough for an extra and I thought I could eat it another day, ms Patterson said. So. Thank you for listening. We're at the pointy end now, so thank you for your time and your attention today. For more information, visit the website.

Speaker 1: 8:05

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Speaker 1: 8:28

And just moving along now, there's been some complaints about my voice and my presentation. Now all feedback is great and that's really good and I have had voice training and I have been working on it. But the other thing is I have a chronic illness and it makes me exhausted a lot of the time, so sometimes I will make more mistakes than I normally would. So that's behind it. It's not as though I'm being slack and just sort of sitting down here and going, oh, I'll put out an episode here with zero effort. No, it is a lot of time and attention and that's what you deserve. So thank you for the feedback, positive or negative. You can also review the podcast as well, and I would really appreciate that. But the main thing you can do is just stay interested, and we will soon, I would say. Maybe this is a guess, in a week or so we might have a verdict, who knows? So keep in touch. Thank you for everything and I will talk to you soon. Bye.