Erin Patterson trial: Alleged mushroom poisoner called to give evidence by her defence

Alleged mushroom poisoner Erin Patterson has chosen to take the stand and give evidence at her triple-murder trial.

Over the six weeks of hearings, Ms Patterson has sat in the dock at the rear of the courtroom flanked by two security officers as dozens of witnesses took the stand.

Located about seven metres in front of her – with three rows of public seating as a divider — she watched on as her husband, in-laws, friends, police and experts gave evidence.

About 3.15pm on Monday, her barrister Colin Mandy SC rose to his feet when asked by Justice Christopher Beale what course of action the defence would take.

“The defence will call Erin Patterson,” he said.

Moments later jurors were given an afternoon break.

Ms Patterson, 50, is facing trial after pleading not guilty to murdering three of her husband’s relatives and the attempted murder of a fourth.

Prosecutors allege a beef Wellington lunch she served on July 29, 2023, was deliberately poisoned with death cap mushrooms, while her defence argues the case is a tragic accident.

Her husband Simon Patterson’s parents, Don and Gail Patterson, and his aunt, Heather Wilkinson, died from organ failure in after falling ill following the meal Ms Patterson hosted at her Leongatha home in Victoria’s southeast.

Ms Wilkinson’s husband, long-serving Korumburra Baptist Church pastor Ian Wilkinson, fell ill following the lunch but recovered after spending about a month and a half in hospital.

The jury returned at 3.30pm to see Ms Patterson seated in the witness box wearing a darkly-coloured paisley blouse and glasses.

The move comes after prosecutors formally closed their case against the accused woman after reading into the records a series of agreed facts.

Ms Patterson confirmed her full name as Erin Trudi Patterson, aged 50, and gave an undertaking to be truthful in her evidence.

Over the following 45 minutes, Mr Mandy took Ms Patterson through the start of her relationship with Simon Patterson and her life leading up to July 2023.

At times Ms Patterson became emotional, her voice faltering, as she talked about the “traumatic” birth of their son in early 2009.

Seated in the box, her attention was fixed on Mr Mandy, occasionally using her hands to emphasise a point and closing her eyes as she thought about an answer.

Erin describes “spiritual experience”: court

Ms Patterson told the jury she first met her husband when they both worked at the Monash City Council, herself as a RSPCA officer, in 2004 and they became friends, socialising and camping together.

The following year, she said, they became romantically involved.

She described herself at the time as a “fundamental atheist” and Simon as a Christian.

“I was trying to convert him to be an atheist but things happened in reverse,” she said.

Ms Patterson told the jury she was invited to attend a Korumburra Baptist Church service in March or April 2005 where she had a “spiritual experience”.

“I remember being really excited about it because I’d never been to a church before,” she said.

“There was a banner up on the wall behind where Ian was preaching... It said faith hope and love.

“And Ian gave a sermon talking about that... I had what could best be described as a spiritual experience.”

Couple travelled around Australia after wedding

Ms Patterson told the jury after their wedding in mid 2007 the couple “hit the open road” in a Nissan Patrol.

“What we really wanted was to do was drive around Australia, Simon gave notice... we gave away everything we had,” she said.

She told the court they settled in Perth, Western Australia, where Simon quickly found a job and she soon fell pregnant.

Ms Patterson’s voice began to falter as she described her son’s birth in January 2009 as “very traumatic”, requiring a caesarean section after medical staff lost his heartbeat.

After about a week, she said her son was given the all clear to leave but staff wanted her to stay.

“I remember having a conversation with Simon about it and I was really upset,” she said, adding her husband told her “we can just leave”.

She gave evidence Don and Gail visited soon after and they rented an AirBnb south of Perth.

“I remember being really relieved Gail was there, I felt really out of my depth,” she said.

“She was really supportive and gentle and patient with me.”

‘I’d had a gutful’: Erin recounts first separation

Ms Patterson said a few months after the birth, the couple continued on their road trip, heading north across the top end of the country, infant in tow.

In about November 2009, she told the court she’d “had a gutful” and ended the trip.

“It had been a good holiday but I had had enough I wanted the sleep in a real bed,” she said.

She said she flew back to Perth, while Simon and their son drove back and they lived separately for a few months.

“It was not very long, two to three months, the separation was over by January 2010,” Ms Patterson said.

She told the court even though the “relationship was struggling” the couple remained co-operative.

“Primarily what we struggle with over the entire course of our relationship… we just couldn’t communicate well when we disagreed about something,” she said.

“So we would just feel hurt and not know how to resolve it.”

Ms Patterson reveals plans to study nursing

Giving evidence, the accused woman said at the start of 2023 she had been accepted into a bachelor of Nursing at Federation University but deferred due to her daughter’s health problems.

“We had that under control by the middle of 2023 so I was planning to take that up,” she said.

“I was comfortable financially such that I could afford to go to university without needing to work.”

But she told the court she felt her relationship with her husband’s family was beginning to grow distant.

The jury heard they separated in 2015 but remained married.

“I had felt for some months that my relationship with the wider Patterson family, but particularly Don and Gail, had perhaps more distance and space between us,” she said.

“I began to have concerns Simon was not wanting me to be involved in the family anymore.”

Mushroom cook’s lunch texts aired

Messages between Erin Patterson and her mother-in-law organising a lunch date have been aired in her triple-murder trial.

On Monday, jurors in the trial, which is now in its sixth week, continued to hear from Detective leading Senior Constable Stephen Eppingstall about the police probe into the fatal lunch.

Under examination from prosecutor Jane Warren, Constable Eppingstall was asked to read a series of messages between Ms Patterson and Gail Patterson on July 16, 2023.

The pair initially discuss plans for Ms Patterson’s son to spend time with his grandparents, before the accused woman shifts to their lunch plans.

“Heather confirmed Saturday July 29 is good for them, hopefully it is for you too, love Erin,” Ms Patterson messaged.

Her mother-in-law responded at 2.11pm; “Sounds good to us, yes July 29 is good for us too.”

“Great thank you,” Ms Patterson replies.

Detective quizzed on mushroom cook’s plates

Earlier, Detective leading Senior Constable Stephen Eppingstall was taken to a series of still images from investigators as they executed a search warrant at Ms Patterson’s home on August 5.

Across three photos of a kitchen draw, the kitchen bench, and inside the dishwasher, defence barrister Colin Mandy SC counted out six plates — three with red and black colouring, two white plates and a multi-coloured one.

Constable Eppingstall confirmed “that’s what we found, yes sir”, when asked if this is all police located.

Earlier in the trial, Ian Wilkinson gave evidence the four lunch guests were served on grey dinner plates, while Ms Patterson ate off a smaller plate with an orange, tan colour.

Alleged poisoner changed phones frequently: court

Under cross examination from defence barrister Colin Mandy SC, Constable Eppingstall was taken through a “flow chart” that tracked Ms Patterson’s phones from 2019 to 2023.

The record indicates she changed between seven different phones, from LG, Nokia, Samsung and Oppo, nine times until August 2023.

The detective agreed the chart indicated the “reasonably frequent setting up” of phones.

Previously the jury was told prosecutors allege a Samsung A23, dubbed Phone B in the trial, was factory reset three times before it was handed over to police on August 5 and once remotely the following day.

Mr Mandy took Constable Eppingstall to a section of the flow chart, that showed a factory reset on February 12 was followed by Ms Patterson’s son’s SIM card being placed into the phone.

The barrister asked if this was “consistent” with the son taking over the use of that phone.

“Yes, sir,” Constable Eppingstall responded.

Next Mr Mandy took the officer to phone records from a second Samsung A23 dubbed “Phone A” in the trial.

Prosecutors allege this was Ms Patterson’s phone used in the period preceding and immediately after the lunch.

Last week, Constable Eppingstall told the jury the phone had never been located by police.

Mr Mandy confirmed the Telstra records indicate the SIM card “lost connection” with the network sometime between 12.01pm and 1.45pm on August 5.

It next connected in a different handset, receiving a text message at 1.44am on August 6, he said.

Constable Eppingstall agreed, saying “that’s my understanding” of the records.

Constable Eppingstall, the jury was told last week, was the final witness prosecutors planned to call in their case against Ms Patterson.

The trial continues.