Patterson's defence says deadly mushroom lunch was an accident

The murder trial of Erin Patterson has begun in Victoria, with the defence calling the deaths of three people after eating a meal containing poisonous mushrooms an accident.

Prosecutors earlier alleged the 50-year-old served a meal laced with poisonous mushrooms to her in-laws, resulting in three deaths and left a fourth in hospital fighting for his life.

On July 29, 2023, Patterson hosted a lunch at her Leongatha home, inviting her former in-laws Don and Gail Patterson, Gail’s sister Heather Wilkinson, and Heather’s husband Ian Wilkinson. The court also heard that Patterson’s ex-husband Simon – Gail and Don’s son – was invited to the lunch but pulled out at the last minute.

Prosecutors allege Patterson told her guests she had cancer – a claim they suggest was used to encourage attendance at the lunch. During the meal, the family reportedly prayed for her health. ​

The court heard that within hours of the meal, all four guests fell ill with symptoms consistent with mushroom poisoning. Don, Gail, and Heather later died, while Ian survived after intensive medical treatment.​

The prosecution claims Patterson served herself from a different plate than her guests, who all consumed beef Wellington allegedly containing death cap mushrooms.

In the days before her death, Heather Wilkinson reportedly questioned why Patterson served her own food on a separate plate.

“I noticed Erin put her food on a different plate to us. Her plate had different colours on it. I wondered why it was,” Wilkinson allegedly told a relative, according to the prosecution.

After the meal, Patterson herself became ill but allegedly refused medical treatment and discharged herself from the hospital against doctors’ advice. The prosecution claims she appeared disengaged when informed her children might have been exposed to the same toxins.

Prosecutor Nanette Rogers SC also told the court Patterson gave conflicting statements about where the mushrooms came from, at one point suggesting she bought them from an Asian grocer she could no longer identify.

The defence, led by barrister Colin Mandy SC, argued the incident was an accident and that Patterson never intended to harm anyone.

They said she believed the mushrooms were safe and that she too became seriously ill after the lunch.

Earlier reports have revealed that Patterson had told police she spent time recovering in hospital and, at one point, was diagnosed with a stomach ulcer and a liver condition.

Justice Christopher Beale instructed the jury to disregard previously dropped charges related to Patterson’s estranged husband, Simon Patterson, emphasising that the trial focused solely on the events of July 29, 2023.​

Victoria-based Defence Barrister Rishi Nathwani explained the standard of "beyond reasonable doubt" to 1News, stating: "It’s the highest standard of proof in criminal law. Jurors must be firmly convinced of the defendant’s guilt based on the evidence presented, leaving no reasonable uncertainty."

He added that in Victoria, a unanimous verdict is required for murder charges. If the jury cannot reach consensus, it may result in a hung jury and potential retrial.​

Nathwani said the jury will also need to avoid outside influence.

"The internet, social media, is rife with opinion and rumours… something may infect the jury room that neither side’s been able to deal with — which will result in an unfair trial,” he said.

With only six media seats inside the small Morwell courtroom, the case has drawn a wave of media, filmmakers and true crime podcasters from around the world.

The trial is expected to run for six weeks.