Erin Patterson mushroom murder trial LIVE updates: Judge wraps up his final instructions to the jury as the marathon trial enters its final days

Justice Beale has reminded the jury about discussions Patterson’s daughter had with police.

The jury heard Patterson’s daughter had liked muffins that the accused had secretly hid mushrooms in.

Patterson ground up mushrooms and baked them in muffins which she gave to her daughter, the jury was previously told.

Justice Beale has now turned to the evidence of Patterson.

Justice Beale said Patterson claimed she bought the dried mushrooms in April but she thought they didn’t smell right and put them in a container which remained in her pantry at her Gibson St home.

Justice Beale said Patterson dehydrated mushrooms in May 2023 and placed them in a container that had other mushrooms in it.

On July 31, when Patterson arrived at hospital, she claimed the doctors had been expecting her.

The jury heard Patterson believed Dr Chris Webster (pictured) asked her where the ingredients for the lunch came from and she said ‘Woolies’.

Patterson gave evidence she ‘expressed confusion’ that death caps could have been in the lunch when informed by Dr Webster.

Patterson also confirmed she told her brother-in-law Matthew Patterson the mushrooms came from Woolies and an Asian grocer.

Justice Beale moves to the evidence of expert witness Dr David Lovelock who examined the seized beef Wellington leftovers.

The jury heard Dr Lovelock discussed how ‘DNA barcoding’ was used to identify if death caps were in the samples.

Images of the leftovers, including samples of the mushrooms, were again shown to the jury.

Justice Beale said DNA testing found white button mushrooms and beef but also detected death caps in the leftovers.

Justice Beale is telling the jury about Patterson’s meeting with child welfare officer Katrina Cripps (pictured) at her Leongatha home on August 2.

Ms Cripps gave evidence she overheard a phone conversation between Patterson and Ms Atkinson which took place while she was present.

The jury heard Ms Cripps said she heard Patterson say she planned to use the dried mushrooms in a carbonara but they had a ‘very strong smell’, so she put them into the Tupperware container.

Ms Cripps also overheard Patterson say she put the dried mushrooms in the beef Wellingtons because ‘they wouldn’t be the primary flavour’.

Justice Beale also said Patterson did not answer a question about if the mushrooms were foraged.

Ms Cripps said Patterson had been ‘looking at her phone and simply didn’t answer’ when Ms Atkinson asked the foraging question.

Justice Beale said Ms Atkinson sent photos of clear bags to Patterson to try and get a clearer picture of what they were looking for and Patterson circled one image and sent it back.

Ms Atkinson gave evidence Patterson claimed the bag was about 20g rather than 100g as she had initially indicated.

On August 3, Patterson told Ms Atkinson she had rehydrated the dried mushrooms and then sliced them up for the Wellingtons.

The health department closed their investigation on August 11 after deeming the risk to the public was ‘very low’ and made a report.

‘Although initial information suggested [death caps] may have been purchased from an Asian grocer and used in the meal, the epidemiological environments established it was highly unlikely that the commercial mushroom supply chain was contaminated with [death cap mushroom toxins],’ Justice Beale said the report stated.

‘Further on in that report, based on the above, the risk of public health was deemed very low…

‘No food were considered to be warranted…

‘Monash City Council had explored all Asian grocers in the areas nominated by Erin Patterson.

‘And the department did not receive any other reports of people falling ill in relation to the mushrooms and they concluded it was an isolated incident.’

Justice Beale has moved on to more evidence from doctors about the Asian shop story.

The jury heard health department officer Sally Ann Atkinson (pictured) became involved in the investigation after information was relayed to the department from medical staff.

Patterson claimed she wasn’t sure where the Asian shop was and described the type of packaging the mushrooms came in to Ms Atkinson on August 1, 2023.

The jury heard Patterson told Ms Atkinson she bought the mushrooms for a pasta dish but decided not to use them all because they smelt a ‘bit funky’.

Patterson and Ms Atkinson then swapped calls and messages over the next few days.

Ms Atkinson gave evidence she had trouble getting Patterson to return calls and messages in a timely fashion.

Justice Beale said Ms Atkinson had been keen to learn the location of where the dried mushrooms were purchased.

Patterson claimed she likely paid cash to buy the mushrooms and the stores were ‘maybe in Oakleigh or Clayton’.

Patterson later claimed she hadn’t used the dried mushrooms in any other meal.

Ms Atkinson said Patterson later mentioned the store may have been on King St, Glen Waverley.

Justice Beale told the jury the health department feared a public health issue based on Patterson’s claims about purchasing dried mushrooms from an Asian grocer.

The jury was reminded about the Monash Council’s investigation into Asian grocers across the municipality.

The health department liaised with Monash health officer Troy Schonknecht who searched a council database of all stores in Oakleigh and Mount Waverley which fit the description.

Mr Schonknecht said he was told not to worry about checking stores in Glen Waverley.

The jury has heard Mr Schonknecht gleaned information about the type of packaging Patterson claimed the dried mushrooms came in.

Justice Beale said Patterson claimed the mushrooms had been sliced, not whole, and only one shop was found that repackaged mushrooms in a fashion that somewhat matched Patterson’s description.

Justice Beale said Don Patterson told toxicologists he had no idea where the mushrooms had been sourced for the beef Wellington.

This prompted Don’s son Matthew Patterson to call the accused, and he asked her the question again.

Matthew Patterson gave evidence Patterson said she bought fresh mushrooms from ‘Woolies’ and dried mushrooms from a Chinese shop or grocery in Oakleigh.

Matthew Patterson said he passed on that information to toxicologists.

Justice Beale has resumed his final directions to the jury and has continued going through the topic of Patterson’s (pictured) ‘alleged incriminating conduct’.

Patterson listened as Justice Beale spoke to the jury about the accused killer’s claim she bought dried mushrooms from an Asian grocery in Melbourne’s southeast.

The jury heard Leongatha Hospital’s Dr Veronica Foote gave evidence that Patterson told her she bought mushrooms from Woolworths and other mushrooms from an Asian grocer in April.

Doctors then contacted specialist Dr Conor McDermott and told them about the mushrooms and he feared there may be a public health emergency brewing.

The jury heard Dr McDermott asked to speak with Patterson.

Dr McDermott gave evidence Patterson told him she bought the mushrooms from an Asian store in Oakleigh but couldn’t remember the name.

Dr McDermott said he offered to read out the names of Asian stores in Oakleigh but claimed Patterson told him she wouldn’t remember and the shop may have actually been in Glen Waverley.

Justice Christopher Beale has told the jury he will finish his charge on Monday afternoon and then two jury members will be balloted out.

The remaining 12 jurors will then be sequestered to decide if Patterson is guilty or not.

This means the jury will be housed together in the same accommodation and isolated from the outside world while they deliberate.

Towards the end of Wednesday’s proceedings, Justice Beale spoke to the jury about the topic of Patterson’s ‘alleged incriminating conduct’.

‘The prosecution (Crown prosecutor Dr Nanette Rogers SC pictured) argued Patterson knew she was guilty and did what she did to conceal her guilt,’ Justice Beale said.

However, Justice Beale told the jury the defence has reasons for Patterson’s behaviour.

‘The defence claimed there were innocent explanations for that behaviour,’ he added.

Justice Beale listed some of that alleged ‘incriminating’ conduct:

1. She lied about being unwell after the lunch

2. Patterson lied about the Asian grocer mushrooms

3. She refused treatment at hospital and left against medical advice

4. She had reluctance to accept treatment the second time at hospital

5. Patterson was reluctant to get kids treated on July 31

6. Why would she have fed the kids leftovers?

7. She reset Phone B multiple times on August 2

8. She dumped the dehydrator

9. On August 5, she provided Phone B instead of Phone A

10. Patterson lied to cops about her phone number

11. She lied about foraging

12. She lied about owning a dehydrator

Justice Beale told the jury about the defence and prosecution’s reason why Patterson left hopsital the first time early on July 31.

He alerted the jury that thos morning he will commence talking about the topic of the Asian store mushrooms claim.

The trial will resume at 10.30am.

The jury was again taken through the phone data contained within the Samsung A23 Patterson (legal team pictured) handed to police after they searched her home on August 5.

The device, known throughout the trial as ‘Phone B’, was factory reset multiple times including while the device was in a secure storage locker at Homicide Squad HQ in the city.

Justice Beale reminded the jury how phones were factory reset multiple times over different days following the lunch.

He said Phone B factory reset remotely while it was in the police locker.

‘After the phone had been taken into police custody, investigators can and should isolate the device from the network,’ Justice Beale said.

This can be done by putting the phone on airplane mode, the jury was told.

‘Isolating the phone is critical to ensure data remains in its original state,’ Justice Beale added.

Yesterday, Justice Beale took the jury through the evidence of Patterson who said she couldn’t remember if she looked up the iNaturalist website.

The jury was told Patterson said she couldn’t remember making the search but conceded it was likely it was her and not her children who made the search.

Patterson, during her evidence, said she couldn’t remember if she had an interest in death cap mushrooms on May 28, 2022 but said she wanted to know if death caps grew in South Gippsland.

‘I wanted to know if death cap mushrooms grew in South Gippsland, and I found out that they didn’t,’ Justice Beale said Patterson previously told the jury.

The jury was reminded the iNaturalist May 28 search was for a death cap sighting at Bricker Reserve in Moorabbin.

Justice Christopher Beale commenced his address to the jury – or ‘charge’ – on Tuesday after giving jurors a four-day weekend to prepare for the closing stage of the marathon Erin Patterson murder trial.

Justice Beale indicated that his address will likely last until sometime today.

Patterson, 50, is accused of murdering her in-laws, Don and Gail Patterson (both pictured), and Gail’s sister, Heather Wilkinson, after allegedly serving them a beef Wellington lunch made with death cap mushrooms.

Patterson is also accused of attempting to murder Heather’s husband, pastor Ian Wilkinson, who survived the lunch after spending several weeks in an intensive care unit.

The court heard Patterson’s estranged husband, Simon, was also invited to the gathering at her home in Leongatha, in Victoria’s Gippsland region, but didn’t attend.

Witnesses told the jury that Patterson ate her serving from a smaller, differently-coloured plate to those of her guests, who ate off four grey plates.

Patterson told authorities she bought dried mushrooms from an unnamed Asian store in the Monash area of Melbourne, but health inspectors could find no evidence of this.