THE prosecution in Erin Patterson’s triple murder trial effectively closed its case on Wednesday, May 28, the 21st day of the hearing, when they completed questioning the person in charge of gathering evidence for police, Homicide Squad Detective Leading Senior Constable Stephen Eppingstall.
When the day finished in Court Four at the Latrobe Valley Law Courts, Colin Mandy SC for the defence had just started his cross-examination of Det LSC Eppingstall, putting it to him that his client, Erin Patterson, had no criminal history.
He went on to suggest to Detective Eppingstall that his client had assisted the police investigation by directing them to the leftovers from the meal of beef Wellington she served to family members at her home on Saturday, July 29, 2023.
That she gave them the access code to enter her property when they went there for a welfare check on Monday, July 31, 2023, and ultimately collected the leftovers from the meal in a red-top bin outside her Gibson Street home in Leongatha.
“She had retained the fruit platter and gravy in the fridge?” said Mr Mandy.
“And she had given police permission to break into her house if necessary to find the leftovers.”
“That is my understanding,” said Detective Eppingstall.
He asked him about some images of mushrooms on trays and some police had recovered from Mrs Patterson’s home on an SD card when, according to Det Eppingstall, police had seized numerous electronic devices from the accused’s home on Saturday, August 5, 2023.
And he went on to probe Det Eppingstall about the health records, relating to Erin Patterson, that police had recovered as part of their investigation.
While referring to questioning earlier in day by prosecutor Jane Warren, specifically about health records from 2023, and whether they provided any evidence of ovarian cancer, Mr Mandy expanded the scope by asking Det Eppingstall if he could recall coming across medical records prior to 2023 where Erin Patterson was concerned about ovarian cancer.
“No, not that I can recall.”
However, Mr Mandy then took Det Eppingstall through some of Mrs Patterson’s medical records of 2021 and also August 2023 and a note in Leongatha doctor Cassie Zhou’s records, of October 2021: “Erin worries about ovary cancer, has been Googling her symptoms, thinks her symptoms may be suggestive of ovary cancer.”
Although, the records show that initial results were “all fine”, bookings were made for an MRI and ultrasound.
Mr Mandy read to Det Eppingstall an extract from Dr Zhou’s records, which are among those seized from Leongatha Healthcare.
“Over the past few months Erin has experienced a series of non-specific symptoms including extreme fatigue, lethargy, headache, sore and dry eyes, nausea, poor appetite, indigestion, altered bowel habits, overactive bladder with urinary incontinence, irregular period, generalised non-pitting oedema, weight gain, pins and needles in her hands and feet, clumsiness in feet… is that right?”
“Yes, sir,” said Det Eppingstall.
A referral to “a top line general physician”, Dr David Ogilvy, was also included in the notes, recording that while the MRI was normal, other testing including an abdominal ultrasound and DNA assessment was added… “ticks all the checkbox for MS.”
He went on to note extensive references to cancer in the family including her father who had pancreatic cancer, a paternal aunty ovarian cancer, maternal aunt with ovarian cancer, mother and another maternal aunt with breast cancer. Daughter a benign ovarian mass at six months of age.
Do you accept that there is material available that she was concerned about a family history of ovarian cancer, asked Mr Mandy.
Detective LSC Eppingstall agreed that there was.
The questioning continued in that vein until the end of the day with Mr Eppingstall set to return to the stand on Thursday this week, and thereafter for the defence to mount their case against their client’s charges.
Mother of two, Erin Patterson, 50 of Leongatha has been charged with three counts of murder and one of attempted murder, arising out of a family lunch of beef Wellington at her home on Saturday, July 29, 2023, which was subsequently found to contain death cap mushrooms.
Three of the lunch guests died as a result of amanita phalloides mushroom poisoning and a fourth recovered after 54 days in hospital.
Erin Patterson also fell ill in the days after the meal.
It has been alleged that Mrs Patterson invited her husband, Simon, and four of his family members to her Leongatha home that day to ask their advice about a recent diagnosis for ovarian cancer which has been proved to be a false claim. Simon did not attend the event.
Erin Patterson has pleaded not guilty to all charges, maintaining that what happened at the lunch was a tragedy and a terrible mistake.
The trial continues in the Supreme Court in Morwell this week, the fifth week of the highly-publicised trial.
