Erin Patterson’s estranged husband told her he was ‘too uncomfortable’ to attend mushroom lunch, murder trial hears
Jurors are now being shown text messages between Simon and Erin on the evening of 28 July – the night before the lunch.
Simon texted Erin at 6:54pm saying:
Sorry, I feel too uncomfortable about coming to the lunch with you, mum, dad, Heather and Ian tomorrow, but am happy to talk about your health and implications of that at another time if you’d like to discuss on the phone. Just let me know.
Patterson then replies at 6:59pm:
That’s really disappointing. I’ve spent many hours this week preparing lunch or tomorrow which has been exhausting in light of the issues I’m facing and spent a small fortune on beef eye fillet to make beef wellingtons because I wanted it to be a special meal as I may not be able to host a lunch like this again for some time. It’s important to me that you’re all there tomorrow and that I have the conversations that I need to have. I hope you’ll change your mind. Your parents and Heather and Ian are coming at 12:30. I hope to see you there.
Simon says Erin’s text messages did not change his mind and he told his parents he would not be attending the lunch.
Key events
Who are the key figures in the trial?
While we wait for the court to resume, he’s an explainer on the key figures in the alleged triple murder case:
Court adjourns until 2.15pm
The court has now adjourned for a lunch break and will return at 2.15pm.
Simon Patterson will then continue giving evidence.
Erin Patterson told hospital staff she had fed leftovers to children, Simon Patterson tells court
While Simon is en route to Dandenong hospital to visit his parents, Erin calls him, the court hears.
Simon says Erin tells him she has been to Leongatha hospital and has told medical staff that she had fed their children leftovers from the lunch meal.
He recalls Erin saying she wanted to pick the children up from school so they could be tested. Simon tells Erin he is happy to pick up the children, jurors are told.
“She was really keen for the children to be taken to the same hospital she was at,” Simon says.
Court hears Erin Patterson requested that Simon Patterson drive her to hospital on 31 July
On the morning of 31 July, Erin calls Simon and asks to speak, the court hears.
Simon says he tells Erin he has only had a couple of hours’ sleep and requests to speak later.
Patterson was “indignant” with his response, Simon says:
She said, somewhat sarcastically, I’ll sort out my own problems.
She says she has frequent diarrhoea, about every 20 minutes, and she thought she should go to hospital.
She was worried she may have an accident if she drove herself to the hospital due to the duration of the car trip, Simon says. Erin requested Simon drive her to the hospital.
I said ‘no, I won’t’. I suggested she get an ambulance.
I suggested she should go to hospital.
Erin Patterson told Simon she had experienced diarrhoea after 29 July lunch, court hears
Don and Gail Patterson are moved to Dandenong hospital on the evening of 30 July and are in separate rooms, the jurors are told.
Simon says he speaks to Erin on the phone that evening and informs her his relatives are “crook”.
Erin tells Simon she had experienced diarrhoea which began the afternoon after the lunch, the court hears.
“I think she was saying it [diarrhoea] started in mid to late afternoon on the Saturday and continued in the night,” Simon says.
Simon returns to his home in Korumburra at about 2.30am on 31 July, the court hears.
Simon Patterson tells court he had ‘never heard of’ Erin’s cancer diagnosis
Simon Patterson later attends Korumburra hospital to visit his parents, arriving late morning on 30 July, the court hears.
Nanette Rogers asks Simon how they appeared. Simon says:
Dad was substantially worse than mum. He was really struggling.
He was lying on his side, hunched quite noticeably. Really discoloured face, struggling … speaking was an effort.
His voice was strained … he wasn’t right inside.
Simon’s father, Don Patterson, tells him Erin Patterson had revealed at the lunch she had been diagnosed with ovarian cancer.
Simon says Erin had not told him about undergoing medical tests.
“I’d never heard of her cancer diagnosis,” he says.
Heather Wilkinson told Simon Patterson she noticed Erin’s food was on different coloured plate, court hears
The following morning – 30 July – Simon’s father, Don, calls him. He says he and Gail have been unwell, Simon tells the jury.
Don tells Simon his aunt and uncle, who attended the lunch, are experiencing similar symptoms. Simon then drives to his aunt and uncle’s house. He later calls an ambulance for the pair.
When Ian is out of the room, Simon says Heather looks “puzzled”.
“She said: ‘I noticed Erin served her food on a coloured plate which was different to the rest,” Simon says.
Simon then decides to drive his aunt and uncle to the local hospital because the ambulance is taking too long.
As he drives his aunt and uncle to Leongatha hospital, Heather asks Simon: “is Erin short of crockery?”
Simon replies: “yes, Erin doesn’t have that many plates and that may have been the reason.”
Simon Patterson was not in touch with parents or aunt and uncle on 29 July, court told
As Simon is dropping off the children, he notices his parents’ car outside Erin’s house in Leongatha.
He doesn’t see or talk to anyone as he drops off his son and friend. Simon and his daughter then drive back to his home in Korumburra which he describes as their usual Saturday routine.
He returns to Erin’s house in Leongatha to drop off his daughter around 9pm.
Simon says he had no communication with his parents or his aunt and uncle that evening.
On the day of the lunch, Simon called his son at midday. His children, who cannot be named for legal reasons, were at McDonald’s in Leongatha at the time. His son’s friend was also with the pair.
They planned to attend the cinemas in Leongatha afterwards, Simon says.
Simon also spoke to his daughter on the phone and planned to pick the three children up from the cinemas. He then drove them to Erin’s house.
Erin Patterson’s estranged husband told her he was ‘too uncomfortable’ to attend mushroom lunch, murder trial hears
Jurors are now being shown text messages between Simon and Erin on the evening of 28 July – the night before the lunch.
Simon texted Erin at 6:54pm saying:
Sorry, I feel too uncomfortable about coming to the lunch with you, mum, dad, Heather and Ian tomorrow, but am happy to talk about your health and implications of that at another time if you’d like to discuss on the phone. Just let me know.
Patterson then replies at 6:59pm:
That’s really disappointing. I’ve spent many hours this week preparing lunch or tomorrow which has been exhausting in light of the issues I’m facing and spent a small fortune on beef eye fillet to make beef wellingtons because I wanted it to be a special meal as I may not be able to host a lunch like this again for some time. It’s important to me that you’re all there tomorrow and that I have the conversations that I need to have. I hope you’ll change your mind. Your parents and Heather and Ian are coming at 12:30. I hope to see you there.
Simon says Erin’s text messages did not change his mind and he told his parents he would not be attending the lunch.
Erin Patterson first invited Simon Patterson to lunch on 16 July 2023, court hears
Simon says he first heard about what would be the fatal lunch on 16 July 2023 – two weeks prior.
He says on the day he was attending a service at the Korumburra Baptist church, where he provided technology support.
Erin approached Simon after the service and said she had “important medical news” and invited him to lunch at her house because she wanted advice on how to break this to the children.
She told him she had also invited Simon’s parents, Don and Gail Patterson and his aunt and uncle, Ian and Heather Wilkinson. He says:
She said she was keen for it to not be with the kids … she wanted to talk about … this serious matter.
Simon says he was a “bit reluctant” but agreed to attend the lunch.
He says he did not see Erin again before the lunch was held on 29 July.
Erin Patterson ‘got on well’ with in-laws, Simon Patterson tells court
Nanette Rogers is asking Simon Patterson about a group chat on the messaging platform Signal. It included Erin Patterson, Simon and his parents.
Simon says Erin complained about him not agreeing to his request to pay the school fees equally in late 2022.
Rogers asks Simon about Erin’s relationship with his parents.
“They got on very well, I think,” he says.
Simon says Erin “especially got along with dad”.
“They shared a love of knowledge and learning, and interest in the world.”
He becomes teary as he says Erin loved his father’s “gentle nature”.
Map of the key locations in the Erin Patterson case
Here is a map showing the key locations in the alleged triple murder:
Leongatha, where Erin Patterson lived, is where the fatal lunch occurred in July 2023, the court has been told.
Erin Patterson had invited Simon Patterson’s family to lunch during a service at the Korumburra baptist church, where Ian Wilkinson was the pastor, on 16 July 2023.
Erin Patterson was ‘upset’ about Simon using ‘separated’ term on tax return, court hears
Simon has recounted an incident in late 2022 when Patterson asked why Simon had referred to himself as “separated” on his tax return for the previous financial year.
Patterson told Simon she was therefore obliged to receive child support payments from him which had “never happened before,” the jurors here.
“She was upset about it,” Simon says.
Rogers asks Simon how Patterson found out about this. He says he’s unsure.
He describes it as a “miscommunication between my accountant and me”. An offer to amend it was rejected by Patterson who was unhappy, he says. It was then resolved that Patterson would formally apply for child support payments.
After this, Simon says messages he sent to Patterson were sometimes ignored and the previous “chatty” tone of their correspondence had vanished.
