Erin Patterson repeatedly accused of lying about lunch by prosecution
Prosecutor Nanette Rogers SC says Erin Patterson’s son gave evidence that she did not tell him she was sick on the day of the lunch.
“I don’t know if I did or I didn’t,” Patterson says.
She says she would not have shared that with her son’s friend.
Rogers says Patterson’s daughter gave evidence that she believed her mother began to feel sick the day after the lunch.
Patterson says she doesn’t know if she told her daughter she was sick on the day of the lunch.
Rogers says Patterson’s son also gave evidence that he saw his mother on the Sunday – the day after the lunch – drinking coffee in the morning.
Patterson says her son is mistaken.
Patterson’s son said his mother said she was feeling unwell and had diarrhoea. He said his mother reported waking up during the night to use the toilet and said they may not be able to go to church that morning.
Patterson says her memory of this conversation is “very different”.
She says she came downstairs and found her son in the TV room.
The first thing he said to me was something like: I’ve got a sore tummy.
Patterson says her son said “can we not go to church?”.
Patterson says her son was the first person to raise not attending church on Sunday.
“I suggest that’s a lie,” Rogers says.
“It’s not,” Patterson says.
Key events
Erin Patterson denies she was drinking coffee two days after lunch
Prosecutor Nanette Rogers SC takes Erin Patterson to evidence her children gave about the Monday following the Saturday lunch.
Erin’s daughter recalled seeing her mother drinking coffee that morning, the court hears.
Erin says she was sitting at the dining table with a mug but it did not contain coffee.
Estranged husband Simon Patterson gave evidence that Erin called him that morning and said she still had diarrhoea every twenty minutes and asked him to drive her to the hospital.
“I don’t remember if I did that or not,” Erin says.
She says she cannot remember if she mentioned the frequency.
Erin agrees she asked Simon if he could drive her to the Leongatha hospital.
But she rejects she told him she could not drive because she was worried about soiling herself.
Court reminded of prior evidence that Erin Patterson didn’t use toilet in 90 minutes
Prosecutor Nanette Rogers SC takes Patterson to her son’s evidence that he did not see his mother use the toilet on the 90-minute one-way drive to his flying lesson in Tyabb on Sunday, 30 July 2023.
Patterson previously told the court that during this trip she went to the toilet in a bush on the side of the highway.
The flying lesson was cancelled due to poor weather, the court hears.
Patterson says on the way back her son bought her a coffee.
She says she had a “little” bit of the coffee.
Erin Patterson rejects estranged husband’s evidence about ‘poo my pants’ statement
Prosecutor Nanette Rogers SC says Erin Patterson’s son gave evidence that he said they didn’t need to go to his scheduled flying lesson but his mother was keen to take him.
Patterson agrees that she was “pretty keen to take him”.
Rogers takes Patterson to a phone conversation she had with her estranged husband Simon Patterson on 30 July 2023 – the day after the lunch.
Rogers asks if Patterson told Simon she was having frequent diarrhoea, about every 20 minutes.
“I might have,” Patterson says.
Patterson rejects Simon’s evidence that she told him she had diarrhoea which began on the day of the lunch.
Rogers says Simon gave evidence that Patterson told him she was worried she would “poo my pants” while driving.
“I did not tell him I was afraid I would poo my pants, no,” Patterson says.
The court has returned from a short break and the prosecution is continuing its cross-examination of Erin Patterson.
Erin Patterson repeatedly accused of lying about lunch by prosecution
Prosecutor Nanette Rogers SC says Erin Patterson’s son gave evidence that she did not tell him she was sick on the day of the lunch.
“I don’t know if I did or I didn’t,” Patterson says.
She says she would not have shared that with her son’s friend.
Rogers says Patterson’s daughter gave evidence that she believed her mother began to feel sick the day after the lunch.
Patterson says she doesn’t know if she told her daughter she was sick on the day of the lunch.
Rogers says Patterson’s son also gave evidence that he saw his mother on the Sunday – the day after the lunch – drinking coffee in the morning.
Patterson says her son is mistaken.
Patterson’s son said his mother said she was feeling unwell and had diarrhoea. He said his mother reported waking up during the night to use the toilet and said they may not be able to go to church that morning.
Patterson says her memory of this conversation is “very different”.
She says she came downstairs and found her son in the TV room.
The first thing he said to me was something like: I’ve got a sore tummy.
Patterson says her son said “can we not go to church?”.
Patterson says her son was the first person to raise not attending church on Sunday.
“I suggest that’s a lie,” Rogers says.
“It’s not,” Patterson says.
Erin Patterson says she doesn’t know what was in her vomit day of the lunch
Prosecutor Nanette Rogers SC says what Erin Patterson gave her children were not her leftovers of the lunch.
“Incorrect,” Patterson says.
Rogers turns to Patterson’s evidence that after the lunch she binge ate about two-thirds of an orange cake that her mother in law, Gail Patterson, had brought to her house and then vomited.
Rogers asks if it is Patterson’s evidence that the vomit was “partly constituted by the beef wellington”.
Patterson says she has “no idea” what was in the vomit.
How could I? It’s vomit. Unless you can see a bean or a piece of corn.
Rogers says “you didn’t have corn at the lunch”.
“That was an example,” Patterson says.
Patterson says she doesn’t know what time she vomited. She agrees it was before “dinner time.”
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Erin Patterson denies lying to medical staff about how much of beef wellington she ate
Prosecutor Nanette Rogers SC asks Erin Patterson about how much of her beef wellington she ate at the lunch.
Rogers suggests Patterson ate her whole portion of beef wellington at lunch but told Prof Rhonda Stuart, a doctor at Monash hospital, that she only ate half in an effort to explain to medical authorities why her symptoms were not as serious as the lunch guests.
“Incorrect,” Patterson says.
Pressed by Rogers that she previously gave evidence that she did not remember speaking to Stuart, Patterson maintains this is her evidence.
Rogers says Patterson told Katrina Cripps, a child protection worker, that she only ate half of her beef wellington.
Patterson says her memory is she ate “about half” of her beef wellington.
Erin Patterson tells court she doesn’t own four of the same plates
Prosecutor Nanette Rogers SC says Simon Patterson gave evidence that the day after the lunch Heather Wilkinson said she recalled Patterson had served her beef wellington on a different coloured plate which was different to the other plates.
Simon also said that on route to hospital Heather asked if Erin was short of crockery and therefore needed to use mismatched plates, Rogers says.
“Heather Wilkinson was correct in her observations wasn’t she….” Rogers says.
“I don’t know,” Erin says.
Erin says she “doesn’t have a matching set of plates.”
I don’t have five plates the same so somebody would have had different plates.
I don’t have four plates the same either.
When I plated the food, it wasn’t for particular people.
Erin Patterson tells court Ian Wilkinson’s evidence about her plates was incorrect
Prosecutor Nanette Rogers SC takes Erin Patterson to questions about the plates used to serve the beef wellingtons at the fateful lunch on 29 July 2023.
Earlier in the trial, Ian Wilkinson said Patterson served beef wellingtons for her guests on four large grey plates while she ate from a smaller “orangey-tan” coloured plate. (Ian is Erin’s estranged husband’s uncle).
Rogers says Patterson’s evidence that she only had white, black and red and black plates was a lie. Patterson rejects this.
Rogers asks if Patterson believes Ian gave incorrect evidence about the plates.
“Yes, I do,” Patterson replies.
Patterson says there were no grey plates used.
Rogers asks if it was the case that “people sat where they liked” at the dining table.
“Yes,” Patterson says.
Patterson rejects the suggestion by Rogers that she ate from a smaller plate.
Patterson says: “There was no smaller plate.”
Erin Patterson says she does not remember ever visiting website iNaturalist
Prosecutor Nanette Rogers SC takes Erin Patterson to a digital report of a computer that police seized from her house a week after the lunch.
The court previously heard that electronic records from the computer showed it had been used to visit webpages listing sightings of death cap mushrooms on the citizen science website iNaturalist in May 2022.
Patterson says she does not remember ever visiting iNaturalist.
Rogers says Patterson was familiar with the website because she entered it as the search term on the search engine.
“I would have to disagree,” Patterson says.
Asked about her interest in death cap mushrooms, Patterson says she only wanted to know whether they grew in South Gippsland.
The court has previously heard that a URL visited minutes afterwards on the same computer on 28 May 2022 appeared to show an order for food had been placed at the Korumburra Middle Hotel.
Rogers says Patterson placed this order.
Patterson says “I don’t know.”
As Rogers moves to a new topic, Patterson begins to interject about a “second visit to Bricker Reserve.”
Rogers says “I’m the person who asks the questions.”
Erin Patterson cross-examined about evidence regarding weight loss surgery appointment
Prosecutor Nanette Rogers SC says on Friday Erin Patterson told the jury she had a pre-surgery appointment for gastric bypass procedure for weight loss at the Enrich clinic in Melbourne. She said it was booked for September 2023.
Rogers says the clinic provides services in cosmetic surgery.
“I don’t know,” Patterson says.
Rogers says Patterson cancelled the September appointment.
Rogers puts to Patterson: “The Enrich clinic does not offer gastric bypass surgery … Agree or disagree?”
“I don’t know,” Patterson says.
Rogers says the clinic also does not offer appointments for gastric bypass surgery or gastric sleeve surgery.
“I don’t know,” Patterson says.
I’m a bit puzzled.
Rogers says the appointment had “nothing to do with gastric bypass surgery”.
Patterson says it “would have been related to weight-loss surgery”.
I was looking into liposuction as well.
Rogers says Patterson’s evidence that she had an appointment at the clinic for gastric bypass surgery was a lie.
Patterson says it “wasn’t a lie”.
That’s what my memory was.
The jurors have entered the room in Morwell.
Prosecutor Nanette Rogers SC is cross-examining Erin Patterson, who is dressed in a dark paisley shirt.
While we wait for proceedings to begin, here is a recap of what the jury heard on Friday:
1. Erin Patterson said she could not recall accessing posts about death cap mushroom sightings on the citizen science website iNaturalist in May 2022.
2. Patterson said on 1 August 2023 – three days after the lunch – she realised foraged mushrooms may have been in a Tupperware container storing store-bought mushrooms and used in the beef wellingtons. This occurred after her estranged husband Simon Patterson asked if she used a dehydrator to poison his parents, Erin said. She agreed she did not tell anyone about this realisation.
3. Under cross-examination, Erin denied that the purpose of the fateful lunch on 29 July 2023 was to discuss advice about a medical issue she had. Erin acknowledged she told Simon about “some medical stuff” when she invited him to the lunch about two weeks prior.
4. Erin says the medical issues referred to gastric bypass surgery for weight loss she was planning to have. She said she had a pre-surgery appointment booked for this.
5. Erin said she felt “ashamed” about a message she sent to her Facebook friends in December 2022 where she wrote “fuck em” in relation to her in-laws, Don and Gail Patterson. She rejected the prosecution’s suggestion that messages in a group Facebook chat reflected her true feelings towards Don and Gail.
Welcome to day 29 of Erin Patterson’s triple-murder trial
Patterson, who began testifying on Monday afternoon, will return to the witness box for a fifth day.
Prosecutor Nanette Rogers SC will continue cross-examining Patterson.
The trial, which is in its sixth week, will resume from 10.30am.
Patterson, 50, faces three charges of murder and one charge of attempted murder relating to a beef wellington lunch she served at her house in Leongatha in regional Victoria on 29 July 2023.
She is accused of murdering her in-laws, Don and Gail Patterson, and her estranged husband’s aunt, Heather Wilkinson. The attempted murder charge relates to Heather’s husband, Ian.
She has pleaded not guilty to the charges.
The prosecution alleges Patterson deliberately poisoned her lunch guests with “murderous intent”, but her lawyers say the poisoning was a tragic accident.