Erin Patterson Returns to Court on Three Murder Charges in Mushroom Poisoning Case

Three relatives, Don Patterson, Gail Patterson and Heather Wilkinson, died after eating a meal allegedly laced with death cap mushrooms, and Ian Wilkinson spent seven weeks in hospital.
She has yet to enter any pleas and has not applied for bail.
Patterson's second appearance was procedural, with the venue for her committal hearing still undecided.
Mark

Why was such a short hearing worth covering?

Mimi

Because it sets the shape of what follows. Where the committal hearing happens, and when, decides how quickly this moves toward a jury trial.

Mark

And Patterson wants Morwell?

Mimi

Yes, near her home. Her lawyer said she'd wait until next year if that's what it takes.

Luke

Worth noting that's her lawyer speaking for her. We heard her say only that she could hear the magistrate.

Mark

What exactly is she charged with?

Mimi

Three counts of murder and five of attempted murder. The deaths were Don and Gail Patterson and Heather Wilkinson. Ian Wilkinson survived after seven weeks in hospital.

Luke

And the mushroom detail is police saying symptoms were consistent with death cap poisoning. That's an allegation at this stage, not something proven in court.

Mark

The charges go back before the lunch, don't they?

Mimi

Three of the attempted murder counts involving her ex-husband Simon date to 2021. He didn't attend the July lunch.

Luke

We don't know from this reporting what the evidence is for those earlier counts. She hasn't entered pleas, so nothing is contested on the record yet.

Mark

What should we watch?

Mimi

May 7, when the magistrate decides between Morwell and Melbourne.

  • Three relatives are dead and a fourth spent seven weeks in hospital after a lunch that police say was poisoned with death cap mushrooms.
  • Erin Patterson faces three counts of murder and five of attempted murder, yet has entered no pleas and sought no bail.
  • Her lawyer is pushing for the committal hearing in Morwell, close to her home, even if that means waiting until next year.
  • The defense has already handed prosecutors its witness list and expects the hearing to run about three weeks.
  • A magistrate will rule on May 7 whether the case proceeds in Morwell or Melbourne, a decision that sets the pace toward trial.

In a video link from a Melbourne prison, a 49-year-old woman listened as a magistrate in the Latrobe Valley asked her simple questions about where her case should next be heard. The matter concerns a lunch in July 2023 at which, the charges allege, a meal laced with death cap mushrooms claimed the lives of three of her relatives and nearly took a fourth. Nothing was decided on Monday beyond the question of place: whether the long, grave process of testing the evidence unfolds in the town near her home or in the state capital, and how long it must wait for that to be settled. The decision is due on May 7, and it will shape how quickly a family's grief can be turned into a courtroom's judgment.

On Monday morning, Erin Patterson appeared on a video screen in the Latrobe Valley Magistrates Court, dressed in a blue prison sweater. She was linked from a Melbourne prison, where she has been held since her arrest in November last year. When Magistrate Tim Walsh asked whether she could hear him, she answered simply, "Yes, thank you."

Patterson, 49, is charged with three counts of murder and five of attempted murder over a lunch at her home in July 2023. The three who died were her former parents-in-law, Don and Gail Patterson, and Gail's sister, Heather Wilkinson. Her former husband's brother-in-law, Ian Wilkinson, survived after seven weeks in hospital, and police say the symptoms of those who fell ill matched poisoning by wild death cap mushrooms.

The charges also reach back beyond that single meal. Patterson is accused of attempting to kill her ex-husband, Simon Patterson, who was invited to the lunch but did not attend, and of other attempts going back to 2021.

Monday's hearing was brief and procedural, her second appearance on these charges. The only question before the court was where the next stage, a committal hearing that will decide whether the evidence justifies a jury trial, should take place. Her lawyer, Colin Mandy, said she wants it held in Morwell, the rural town near her home, even if that means waiting until next year. The alternative is Melbourne. The defense has already shared its list of expected witnesses and anticipates the hearing will last about three weeks.

Magistrate Walsh will announce on May 7 where the hearing will be held. That decision will also reveal how soon the case can begin moving toward trial.

On Monday morning, Erin Patterson appeared on a video screen in the Latrobe Valley Magistrates Court, wearing a blue prison sweater. She was linked in from a Melbourne prison, where she has been held since her arrest in November last year. Magistrate Tim Walsh opened by asking whether she could hear him. "Yes, thank you," she answered.

Patterson is 49. She is charged with three counts of murder and five of attempted murder, accused of serving poisonous mushrooms at a lunch at her home in July 2023. The three people who died were her former parents-in-law, Don and Gail Patterson, both 70, and Gail's sister, Heather Wilkinson, 66. All three died in hospital days after the meal.

The fourth guest at the table, Heather's husband Ian Wilkinson, 68, survived after seven weeks in hospital. Patterson is charged with his attempted murder as well. Police say the symptoms of the four who fell ill were consistent with poisoning from wild Amanita phalloides, the mushroom commonly called the death cap.

The charges reach beyond that one meal. Patterson is also accused of the attempted murder of her ex-husband, Simon Patterson. One count relates to the July lunch, to which he was invited but did not go. The other three relate to occasions going back to 2021.

In Victoria, murder carries a maximum sentence of life imprisonment, and attempted murder a maximum of 25 years.

Monday's hearing was brief and procedural. It was Patterson's second court appearance on these charges. She has not entered any pleas, and she has not applied for bail.

The question before the court was where the next stage should happen. That stage is a committal hearing, which decides whether prosecutors have enough evidence to send the charges to a jury trial in the Victorian Supreme Court. Her lawyer, Colin Mandy, told the magistrate that Patterson wants it held in Morwell, the rural town near her home about 90 miles east of Melbourne, the state capital. The alternative is Melbourne. Mandy said she wants the hearing close to home, even if that means waiting until next year. "If it happens next year, then Ms. Patterson's content to wait for that," he said.

The defense has already given prosecutors a list of the witnesses it expects to be called. Mandy said he expects the committal hearing to run about three weeks.

Walsh said he will announce on May 7 whether the hearing will be in Morwell or Melbourne. That decision will also help show how soon the case can move toward a trial.

If it happens next year, then Ms. Patterson's content to wait for that.
— Colin Mandy, Patterson's lawyer
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