ERIN Patterson 49 of Leongatha has been committed to stand trial in the Melbourne Supreme Court for the murder of three Korumburra family members, and the attempted murder of her husband, Simon Patterson, and Korumburra Baptist Minister Ian Wilkinson.
Ms Patterson elected to stand trial, without the need for a committal hearing to determine the strength of the case against her, in the Latrobe Valley Magistrates Court on Tuesday morning this week, May 7.
Ms Patterson also formally entered pleas of “not guilty” to all eight charges, three of murder and five of attempted murder.
It was also revealed in the court that the alleged locations of the historic charges of attempted murder relating to her husband included Korumburra between November 16 and November 17, 2021, at Howqua between May 25 and May 27 2022 and at Wilsons Promontory on September 6, 2022.
The other charge of attempted murder, relating to her ex-husband Simon Patterson, allegedly occurred on July 29 when Mr Patterson was expected to attend the allegedly poisoned lunch at Ms Patterson’s home.
After issuing Ms Patterson with a caution about the implications of entering a plea, either guilty or not guilty, Latrobe Valley Magistrate Tim Walsh formally offered Ms Patterson the opportunity to enter a plea to each of the charges one by one.
“In relation to Charge 1, which alleges that at Heidelberg on the 4th of August 2023 you did murder Heather Wilkinson… guilty or not guilty?” asked Magistrate Walsh.
“Not guilty, your honour,” said Ms Patterson.
She was also asked to enter a plea on a further charge of murder in relation to her former mother-in-law, Gail Patterson, who died on August 4 and father-in-law Don Patterson who died on August 5, together with Heather Wilkinson, at the Austin Hospital, and she calmly said the same thing: “Not guilty, your honour.”
Ms Patterson also entered not guilty pleas to each of the five attempted murder charges.
The case will now go directly to the Melbourne Supreme Court where there will be a post-committal directions hearing on Thursday, May 23 starting at 9am.
The accused may still apply for leave to conduct preparatory cross-examination of prosecution witnesses, pursuant to s 198B of the CPA, in lieu of cross-examination at a committal hearing.
Fast-track matters will generally only be fixed for trial once the summary of prosecution opening for trial and the defence response to the summary of prosecution opening have been filed and served, as is the case with matters committed via the standard committal procedure.
Ms Patterson, who was charged with the murders of the three former Korumburra residents in November last year has maintained her innocence throughout.
According to an ABC report, Ms Patterson said earlier: “I am devastated to think that these mushrooms may have contributed to the illness suffered by my loved ones”.
The murder charges and two of the attempted murder charges relate to a family lunch at Leongatha on Saturday, July 29 last year at which it has been alleged that Erin Patterson served a meal of Beef Wellington, which police say contained death cap mushrooms.
The four guests at the meal; Don and Gail Patterson both aged 70, the parents of her estranged husband Simon Patterson, Gail’s sister Heather Wilkinson 66 and her husband Ian all became violently ill in the hours following the lunch with three of them Don, Gail and Heather ultimately dying in hospital in Melbourne and Ian recovering enough to leave hospital some two months later.
Simon Patterson did not attend the lunch.
Ms Patterson appeared in court on Tuesday by video link and remains on remand at the Dame Phyllis Frost Correctional Centre at Deer Park in Melbourne’s north west.
'Local' hearing addressed
During Tuesday’s committal mention hearing, Magistrate Walsh also attempted to clarify information he provided two weeks ago to the effect that the courts at Morwell were unlikely to be able accommodate a four-week committal hearing locally, until next year.
He said that the issue of accommodating the hearing locally was covered in the media after the special mention on April 22, but he said the reporters, he said, were not in possession of information he and defence counsel Colin Mandy SC had that Mr Mandy was only available between August 19 and September 13 due to existing legal commitments.
Turns out Mr Mandy may have had dates in October as well but Magistrate Walsh said he wasn’t aware of that at the time he provided preliminary assessment about whether the committal hearing could go ahead at Morwell.
It had been Ms Patterson who asked if the committal might be heard in her local area but as it turns out, she has now opted to go straight to trial, avoiding what could have amounted to a mini trial, at the committal stage, hearing a brief of evidence and a selection witnesses to support the prosecution’s arguments that there is enough evidence for the matter to go to trial.
Magistrate Walsh said there was no application bail, and in any case, he wasn’t able to consider one.
