Key events
Our justice and courts reporter, Nino Bucci, was in the court room in Morwell last week for the first week of Erin Patterson’s murder trial.
Catch up on his report on the first week of the trial:
Simon’s evidence has concluded and the jurors have been given an early lunch break.
The trial will continue at 2.15pm.
Simon Patterson answers questions about ‘inflammatory’ messages from Erin
Nanette Rogers SC is now re-examining Simon.
Simon says his mother agreed to not read the messages sent from Erin to reduce the anxiety she had about being diagnosed with encephalitis.
He says the “inflammatory” message was a few months after the previous messages shown to the court from December 2022.
He recalls at the time his son was very tired while staying with him. He subsequently asked Erin to help his son get to bed earlier. He says Erin sent a reply to the group chat on Signal with his parents.
“I tell you what, if mum had of read that, I don’t know what that would have done to her,” he says.
Asked by Rogers what was “inflammatory” about the messages, Simon says:
“It was having a crack at me and accusing me of some things in response to what I’d messaged her about. That’s not the bit I objected to. It was the fact she’d sent it, especially to my … knowing mum’s condition and what that can do to mum … I’m still upset about that.”
Mandy concludes cross-examination of Simon Patterson
Mandy tells Simon that the messages he has shown Simon today are the “only messages” about the payment of school fees.
Simon has characterised Erin as “inflammatory” and “aggressive” during a dispute over the children’s school fees, jurors are told.
Simon says the message he is thinking of has not been shown today.
Mandy concludes his cross-examination.
Simon Patterson denies asking Erin ‘is that what you used to poison them?’
Mandy asks Simon about his previous evidence that, while at Monash medical centre, Erin told him she did a blind taste test with their daughter with muffins cooked using dehydrated mushrooms.
He says after this conversation, Erin and Simon were alone in the room together, as their kids would sometimes leave the hospital room to go to the vending machine.
Mandy says Simon asked Erin “is that what you used to poison them?” in relation to the dehydrator. The conversation took place two days after the lethal lunch, the court hears.
Simon rejects this.
“I did not say that to Erin,” he says.
Mandy does not say who “them” refers to.
Group text messages shown in court
Mandy asks Simon about his characterisation of Erin as “aggressive” in her messages during a financial dispute about their children in December 2022. The messages were made in a group chat with Erin, Simon and his parents, Don and Gail, the court heard.
Mandy reminds Simon the defence rejects this characterisation of Erin’s message and then shows the courtroom text messages between 4 December and 17 December 2022.
In a group chat on the messaging platform Signal, Gail Patterson writes on 4 December:
Hi Erin, it would be lovely if we could catch up with you, [our son] and [our daughter] before you go to NZ please. Would you be free next Saturday or Sunday lunch or tea? Love Don and Gail.
Erin replies on 4 December:
I’m sorry, but I can’t stop thinking about the comment that Don made on the phone, that the financial issues are probably easily solved and that Simon can “reverse the single thing in his tax return.” That is mind boggling in its implication, if that’s really what he said he would do.
“Revering the single thing” is basically telling the government that Simon and I are not separated any more, and that we are still married and living together as a couple and shared finances, so that they consider our income as a whole.
The immediate implication of that would be that I can no longer get family tax benefit … Now I have no income from a job because I quit to care for the kids … and if he “reverses the single thing” then I’ll not be able to claim family tax benefit and I’ll not be entitled to any child support …
Simon is hiding behind the communication from the government that now that I have made a child support claim, he doesn’t have to pay any bills outside it.
That is an instruction for people who want to be a bare minimum parent …
On the same day, Don replies:
Sorry I may have misled you Erin. I regret possibly making a false presentation of Simon’s opinions. That is why I immediately withdrew it …
Erin on the 6 December writes in the group chat:
Thanks Don. I understand your position and that you and Gail don’t want to be involved in certain aspects of these difficulties as it is uncomfortable and awkward …..
She says Simon is “under the misapprehension” that a child support assessment covers “every expense for the children under the sun.”
Under cross-examination, Simon says he remembers the messages. But he says “this is not what I had in mind” when he describes Erin as “aggressive” in messages.
Simon says ‘unlikely’ Erin asked about his parents days after lunch
Mandy takes Simon to 31 July 2023 – two days after the lethal lunch.
He says that while at Monash medical centre to be tested after the lunch, Erin asked him “how are they going?” in relation to his parents, Don and Gail.
“What I’m suggesting to you, Mr Patterson, is that she asked that question,” Mandy says.
Simon says he does not recall her asking that. When pressed, he says it’s “possible but unlikely” she enquired about his parents.
“It’s a feeling I remember as that’s odd,” he says.
Jury enters court for day five
The jury has entered the courtroom for day five of the trial.
Erin Patterson’s lawyer, Colin Mandy SC, is continuing his cross-examination of Simon Patterson, Erin’s estranged husband.
What the jury heard on Friday – a recap
Patterson is accused of murdering her her in-laws, Don and Gail Patterson, as well as Gail’s sister, Heather Wilkinson, by serving them individual beef wellingtons laced with death cap mushrooms.
Patterson has pleaded not guilty to all charges.
Here’s a recap of what the jury heard on Friday – day four of the trial:
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The court was shown text messages where Simon and Erin communicated about her “forgotten” invitation to her mother-in-law’s 70th birthday. Simon said at this point in time there was “tension” in Erin’s relationship with his parents and between the pair.
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Simon told the court Erin had “struggled” with mental illness and postnatal depression after the birth of their first child.
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Simon said his estranged wife “hates” hospitals as he was asked about her discharging herself from Leongatha hospital against medical advice following the lunch.
Good morning
Welcome to day five of Erin Patterson’s murder trial.
We’re expecting today’s evidence to begin sometime after 10.30am.
Patterson’s lawyer, Colin Mandy SC, will continue his cross-examination of his client’s estranged husband, Simon.
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, regional Victoria, in July 2023.
She has pleaded not guilty to the charges. The defence’s case is that the events were an accident and Patterson never intended to harm her lunch guests.
