Australian woman Erin Patterson is on trial accused of killing three relatives and seriously injuring another by serving a lunch containing poisonous mushrooms
The prosecution says Ms Patterson, 50, served beef wellington and ate from a smaller and different coloured plate from her four guests - with one guest later asking "does Erin have a shortage of crockery?"
Ms Patterson had previously written on Facebook that she had been using a food dehydrator to cook mushrooms and "hiding powdered mushrooms in everything", the court hears
The defence says it accepts death cap mushrooms were in the meal but that the poisoning was a "terrible accident" and Ms Patterson "didn't intend to cause anyone any harm"
Ms Patterson, 50, is facing three murder charges and one count of attempted murder - all of which she denies
The parents of her estranged husband, Don and Gail Patterson, both died as well as Gail Patterson's sister, Heather Wilkinson. Heather's husband, Ian Wilkinson, became ill but survived
BBC outside court as toxic mushroom lunch trial begins
After the lunch, the accused said she had cancer and asked for advice about telling her children, the prosecutor says.
The group prayed together about the best way forward, adds Dr Rogers.
After the lunch broke up, Ms Patterson spent the evening with her children - and Dr Rogers said they don't recall her making any mention of feeling unwell after the meal.
Katy Watson
Australia correspondent, reporting from court
The prosecution says there were four large grey dinner plates and a smaller one which was tan orange, according to Ian Wilkinson, who became seriously ill but survived.
The others all ate from large grey dinner plates, Erin Patterson from the smaller plate, says Nanette Rogers.
They said grace and started the meal.
Ian and Heather Wilkinson ate all their portions. Gail Patterson ate half and gave the rest to husband Donald – he ate his portion and the rest of Gail's. Erin Patterson also ate a beef wellington.
Simon Atkinson
Australia producer, reporting from court
We are hearing details of the beef wellington meal which was served on large grey plates with mashed potato and green beans.
The beef wellington was beef steak with mushrooms covered in pastry.
“There was banter among them about how much they have eaten," prosecutor Nanette Rogers says.
Tiffanie Turnbull
Live reporter
Erin Patterson invited her estranged husband Simon, his parents, and Gail and Ian Wilkinson to her house "to discuss some medical issues she had", the prosecutor says.
Mr and Mrs Wilkinson were "surprised at the invitation because they’d never before been to the accused’s house", Nanette Rogers says.
Simon originally said he'd attend, but texted Ms Patterson the afternoon before to say he'd changed his mind.
He told her "he felt too uncomfortable” but was happy to talk over the phone, the prosecutor says.
Erin replied saying she was "disappointed", Dr Rogers says - and "she emphasised the effort she had put into… the lunch".
Simon Atkinson
Reporting from court
The jury has been shown a photo of a dining table inside the two-storey, five-bedroom Leongatha house that Erin Patterson moved into in late 2022.
This is the house where the lunch was served.
The prosecution is giving us a bit of background about Erin Patterson.
After detailing Ms Patterson's marriage and eventual separation, Dr Rogers says the accused started participating in a bunch of Facebook groups discussing true crime cases.
The prosecution has described Erin Patterson's relationship with her estranged husband, Simon Patterson.
Nanette Rogers says they were married in June 2007 and had two children. During their marriage, Ms Patterson and her husband separated several times for short periods, but subsequently reconciled. They separated permanently in 2015, the court heard.
She says they later lived in separate homes, but despite the separation, the accused and Mr Patterson remained amicable, and even regularly attended the same church.
“[They] remained friendly, amicable, affable... they spoke regularly and took planned holidays together.
“Simon remained hopeful for some time that he and the accused would someday reunite.”
Katy Watson and Simon Atkinson
reporting from court
Prosecutor Nanette Rogers says police investigated what was initially thought to be a mass food poisoning event.
As a result of the investigation, Erin Patterson was charged with one count of attempted murder and three charges of murder, Rogers says.
The prosecutor is talking about amanita poisoning - that’s death cap mushrooms.
Tiffanie Turnbull
Live reporter
The prosecution has begun opening their case, telling the jury this case was "originally thought to be a mass food poisoning event".
About 11 to 12 hours after a lunch of beef wellington, the lunch guests each developed severe symptoms, Nanette Rogers SC says.
By midday the next day, all had presented to hospital, she says.
"Over the following days, their conditions declined."
"Ian Wilkinson was the only lunch guest to survive."
Tiffanie Turnbull
Live reporter
The judge says there are four things the jury needs to be sure of on the attempted murder charge.
That charge relates to Ian Wilkinson, who was seriously unwell for weeks after the lunch, but recovered.
The prosecution must prove:
Katy Watson
Australia correspondent, reporting from court
More now about what the judge is doing now - he's going through what's called a jury checklist.
Justice Beale is explaining to the jury that the law requires conduct that attracts criminal responsibility to be "willed conduct" - words like conscious and voluntary rule out circumstances where someone is sleep-walking and are not aware of what they are doing.
He’s also talking about intention - has the prosecution proved that at the time of the alleged conduct, the accused intended to kill or cause really serious injury to the deceased?
There’s a series of questions where they have to answer yes or no, at which point they can move on to the next one - trying to work out if the accused is guilty or not guilty.
Tiffanie Turnbull
Live reporter
The judge is outlining what the "elements" of each charge are - essentially what the jury has to be satisfied of, beyond a reasonable doubt, to deliver a verdict of guilty.
For murder, there are four:
The judge says the second one is going to be key.
He says Ms Patterson's defence is that "she didn't deliberately serve up a poisoned meal".
The jury is entering the courtroom at Latrobe Valley Law Courts in Morwell, Victoria.
There are 15 jurors listening to this trial - we explained why earlier.
Helen Sullivan
Live reporter
At the opening of the trial yesterday, Justice Christopher Beale spoke to the newly-selected jury about the meal that the charges relate to.
This is what he said below. The words "death cap" refer to a type of mushroom.
"Erin Patterson hosted a lunch in late July 2023 at her home in Leongatha to which she had invited her estranged husband, Simon Patterson, and her in-laws," he said.
"Simon Patterson did not attend but his parents, Don and Gail Patterson, and his aunt and uncle, Heather and Ian Wilkinson, did attend that lunch.
Quote MessageThe accused served individual beef wellingtons to her lunch guests; three of whom subsequently died from death cap poisoning. Ian Wilkinson was the only lunch guests who survived, though he was also gravely ill for a time and the accused denies that she deliberately poisoned anyone.
Justice Christopher Beale
Katy Watson
Australia correspondent, reporting from court
Outside Latrobe Valley Law Courts, there are several news crews, presenting teams, photographers and journalist teams waiting for the trial to start.
And there are more coming inside to listen to the opening arguments in the overflow room.
It’s a regional court probably not used to such commotion - it’s made the security queue longer as journalists line up to head inside and watch the trial.
And it’s a really small courtroom - it seats about 40 people, according to the courts here.
On Tuesday, the judge told the jury that three of the charges against Erin Patterson, each of them related to her estranged husband, were withdrawn by prosecutors.
In other words, Ms Patterson will not face trial over allegations she attempted to murder her estranged husband.
"You must put them out of your mind," Justice Christopher Beale said.
Ms Patterson still faces four charges: three counts of murder and one of attempted murder in relation to other relatives.
She has pleaded not guilty.
Simon Atkinson
Australia producer, reporting from court
Today we’re in Latrobe Valley Law Courts - a fairly small and unimposing modern building on the main road through the town of Morwell in regional Victoria.
It is about a 45-minute drive from the Leongatha home, where it is alleged Erin Patterson knowingly served her family a meal containing poisonous mushrooms, which she denies.
In this state, serious charges such as murder and attempted murder would typically be heard in the Supreme Court of Victoria, usually in Melbourne.
The judge, barristers and some of the court staff are travelling here each week and staying nearby (accommodation has been hard to find!). Court finishes at lunchtime on Fridays - in part to allow out-of-towners to get home for the weekend.
Jurors however have been drawn from the local area.
Simon Atkinson
Australia producer, reporting from court
This a jury trial - and on Tuesday the jurors for the case were selected.
Before that took place Judge Christopher Beale told a pool of 120 potential jurors that given this was a such a high profile case, it was inevitable they’d heard something about it in the media or the local community. This, he said, was OK.
But anyone who had paid "particular" interest in the case - such as listening to one of the several podcasts about it - was told they should excuse themselves. And those who felt they had already formed a view of Ms Patterson’s guilt or innocence was told they too should not be part of the jury.
When all the evidence has been heard, it will be up to 12 jurors to decide whether Ms Patterson is guilty or not guilty of each of the four charges she faces.
However 15 jurors have been selected to sit through the trial. The idea is that should any of them have to leave - through illness or a family emergency, for example - the trial can continue.
If there are more than 12 jurors remaining when evidence has finished, a ballot will be held to choose the 12 people who will deliberate and reach the verdicts.
A court sketch of Erin Patterson from Tuesday
Over about six weeks, the jury will be asked to weigh up evidence and decide whether Erin Patterson is guilty of four charges: three of murder, and one of attempted murder.
Prosecutors say she intentionally served up a meal containing poisonous mushrooms at her house in Leongatha in July 2023, but the details of those allegations will be outlined in court today.
Three people died in hospital in the days after the lunch, including Ms Patterson's former in-laws, Don Patterson, 70, and Gail Patterson, 70, as well as Gail's sister, Heather Wilkinson, 66.
Heather's husband, 71-year-old Baptist pastor Ian Wilkinson, survived after weeks of treatment in hospital.
Ms Patterson has pleaded not guilty.
Katy Watson
Australia correspondent, reporting from court in Morwell
This is a long-awaited case here in Australia - and it’s gained huge attention elsewhere too.
The judge said as much to the jury on Tuesday when they were chosen - that being realistic, most, if not everyone, would have some prior information about this case. He warned them that the attention on this case would likely intensify as the trial went on.
He also warned jurors to ignore anything they’ve seen in the media, including social media and to change the channel if the story comes on the news, scroll to a different page if it’s online or turn the page in a newspaper.
"Don’t risk your opinion as judges of the facts being contaminated," he told them.