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Leongatha mushroom murders

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Leongatha mushroom murders
Death cap mushrooms (Amanita phalloides) of the type contained in the meal eaten by the victims
LocationLeongatha, Victoria, Australia
Date29 July 2023 (2023-07-29) (AEST)
TargetEstranged husband, in-laws
Attack type
Mushroom poisoning
Deaths3
Injured1
Victims
  • Gail Patterson
  • Don Patterson
  • Heather Wilkinson
  • Ian Wilkinson (survived)
PerpetratorErin Trudi Patterson
Convicted1
VerdictGuilty (all counts)
Convictions
  1. Murder (3 counts)
  2. Attempted murder (1 count)
JudgeChristopher Beale
Sentence
  1. 3 life sentences with a non-parole period of 33 years (September 2025)
  2. 25 years' imprisonment (September 2025)
All sentences are being served concurrently
Imprisoned atDame Phyllis Frost Centre

The Leongatha mushroom murders were committed by Erin Trudi Patterson, who intentionally poisoned four of her relatives with highly toxic death cap mushrooms, resulting in the death of three, and serious injury to a fourth. The poisonings took place at Patterson's home during a planned lunch on 29 July 2023, in Leongatha, Victoria, Australia.

On that day, the victims were served a lunch that included individual beef Wellingtons laced with the death cap mushroom Amanita phalloides. Within 24 hours, all four victims were admitted to hospital and subsequently diagnosed with severe liver failure. Three died within six days (in one case despite receiving a liver transplant), and one recovered seven weeks after the lunch.

Following investigations by Victoria Police and state health authorities, Patterson was arrested on 2 November 2023 and charged with three counts of murder and five counts of attempted murder of her in-laws and their relatives, including four counts of attempted murder of her estranged husband Simon.[1] After the charges of attempted murder of Simon were dropped, Patterson was tried before a jury in the Supreme Court of Victoria, sitting in Morwell, commencing on 29 April 2025.[2]

On 7 July 2025, the jury convicted Patterson of three counts of murder and one count of attempted murder.[3] On 8 September 2025, Justice Christopher Beale sentenced her to life imprisonment with a non-parole period of 33 years. It was the first sentence hearing in Victoria to be broadcast live.[4][5]

The case sparked significant Australian and international media interest.[6][7]

Background

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Early life and education

[edit]

Erin Trudi Patterson (née Scutter, born 30 September 1974[8]) grew up in the south-eastern Melbourne suburb of Glen Waverley. In 1992, Scutter was accepted for a science course at the University of Melbourne and later switched to accounting. She also trained to be an air traffic controller and graduated in 2001.[9]

Early career

[edit]

Following her graduation, Scutter worked as an air traffic controller with Airservices Australia in Melbourne between February 2001 and November 2002.[10] By 2004, Scutter worked as an animal management employee for RSPCA Australia at the Monash City Council's headquarters. In the same year, she began dating Simon Patterson, who worked as an engineer at Monash City Council.[9]

Marriage and family life

[edit]

In July 2006, Scutter inherited $2 million from her grandmother, which was paid to her over an eight-year period commencing in 2007. Scutter married Simon Patterson in 2007 and they moved to Western Australia, living in Perth, York, and Pemberton. Scutter, now Patterson, ran a second-hand bookshop in Pemberton while her husband worked for the local council. While living in Western Australia, Patterson gave birth to their son. Patterson subsequently testified that she bonded with Gail and Don Patterson, her parents-in-law, during this period.[9]

Prior to the birth of their daughter, Erin and Simon Patterson relocated to Koonwarra, Victoria, to be closer to her in-laws. According to Simon Patterson, Erin Patterson had bonded with Don over a "shared love of knowledge and learning" and that she liked his "gentle nature". Patterson attended a Baptist church where the pastor, Ian Wilkinson, was married to Gail Patterson's sister, Heather.[9]

Patterson's father died from cancer in c. 2011, and, in 2019, her mother also died from cancer. Erin Patterson and her sister inherited her parents' estate, which included a $900,000 beachfront retirement home in Eden, New South Wales. Patterson's share of her parents' estate allowed her and Simon to provide interest-free loans to his three siblings and their spouses to buy homes.[9]

Family conflict

[edit]

Erin's relationship with Simon began to deteriorate following the birth of their first child. The couple underwent several short-term separations before reaching a financial settlement and long-term split in 2015. Following their separation, Erin and Simon shared custody of their two children and remained on friendly terms, including going on holidays together.[9]

In 2022, Erin and Simon's relationship deteriorated after he filed a tax return which listed himself as single. Due to this change in his relationship status, Erin became ineligible for government child support payments, with Simon being told by a federal government agency to stop paying his children's school fees and medical bills. While Simon claimed that this change in status was the result of a mistake by his accountant, the incident damaged the couple's relationship.[9]

Between November 2021 and September 2022, Simon was hospitalised three times with gastrointestinal symptoms, with the second incident resulting in a coma and requiring life-saving surgery. A medical expert's report commissioned for the trial stated that Simon's symptoms were consistent with the ingestion of barium carbonate, an ingredient in rat poison. These details were suppressed for the duration of Erin's murder trial.[11][12]

In the two years leading up to the family lunch on 29 July 2023, Erin's relationship with her in-laws had become estranged. According to her brother-in-law Matthew Patterson's court testimony, Erin missed several family events and attended some others only briefly. During her testimony, Erin alleged that she had been snubbed when she received a late invitation to her mother-in-law Gail's 70th birthday celebration around May 2023. Erin had also posted several social media messages to her online friends criticising her estranged husband and her in-laws.[9]

Lunch and deaths

[edit]
A beef Wellington

On 29 July 2023, Erin Patterson cooked individual beef Wellingtons for a lunch for her in-laws Don and Gail Patterson, Gail's sister Heather Wilkinson and Heather's husband Ian, at her home in Leongatha.[13] Her estranged husband, Simon Patterson (separated around 2020[14]), was invited but did not attend.[15] Patterson claims her two children went to the cinema at the time of the lunch.[16] The meal contained Amanita phalloides death cap mushrooms.[17]

The following day, all four guests were admitted to hospital with suspected gastroenteritis. Erin Patterson went to Leongatha Hospital with reported stomach pains and diarrhoea, but repeatedly refused to be admitted. Doctors were so concerned for her welfare that they called the police.[18] There were further health concerns for Erin and Simon's children, who purportedly ate leftovers of the beef Wellingtons (with the mushrooms and pastry removed), and doctors were adamant that the children should also be checked for any adverse reactions. It was suggested that Erin Patterson was initially reluctant to seek medical attention for the children.[19][20]

On 4 August, five days after the lunch, Gail Patterson (aged 70) and Heather Wilkinson (aged 66) died in hospital and an investigation was launched by Victoria Police. On 5 August, Don Patterson (aged 70) died in hospital, despite receiving a liver transplant.[21][16]

Ian Wilkinson (aged 69) remained hospitalised for over seven weeks and survived.[22] He was discharged on 23 September. A funeral for his wife was held on 4 October.[23][24]

Police investigation

[edit]

Police confirmed on 14 August that Patterson provided them with a detailed statement, in which she said she had bought dried mushrooms from an Asian supermarket in the Melbourne suburb of Mount Waverley (around 118 kilometres (73 mi) away from Leongatha) three months before the lunch.[25]

Patterson also said in the statement that she intentionally disposed of the food dehydrator that police found in a skip bin at a transfer station in Koonwarra after, she said, people "began accusing her of intentionally poisoning the meal".[26]

[edit]

Arraignment

[edit]

Patterson appeared in Latrobe Valley Magistrates' Court in Morwell on 3 November 2023.[27] From then until her mid-2025 trial, she was detained at the Dame Phyllis Frost Centre, a women's maximum security prison in Melbourne.[28][29]

On 7 May 2024, Patterson pleaded not guilty to the three murder charges and five attempted murder charges.[30] She elected to "fast track" her case, meaning that her case would skip a Magistrates Court committal hearing and proceed directly to a Section 198 hearing in the Supreme Court of Victoria, where the evidence against her would be tested for the first time.[31] She was also charged with attempting to murder her ex-husband Simon on multiple occasions. Those charges were subsequently dropped.[2][11][12]

Trial

[edit]

Patterson was tried in the Supreme Court of Victoria before a jury, presided over by Justice Christopher Beale. Patterson had requested the trial be held in Morwell, rather than Melbourne, which was approved.[32] The trial began on 29 April 2025 and covered three charges of murder and one charge of attempted murder arising from the alleged mushroom poisoning.[11] Nanette Rogers SC was the Crown prosecutor; Patterson was represented by Colin Mandy SC.[33] The 15-member jury comprised ten men and five women. Three jurors were designated as "reserves" and sat through the entire nine-week trial (initially scheduled for six weeks); while twelve jurors unanimously determined the verdict.[2] The 12-member jury handed down its verdict on 7 July 2025, and found Patterson guilty of three charges of murder and one charge of attempted murder.[34]

Patterson remained incarcerated at Dame Phyllis Frost Centre during the trial. However, due the two-and-a-half-hour travel time between Morwell and Melbourne, Patterson was transported from the Frost Center to the Morwell Police Station, adjacent to the Morwell courtroom, on Mondays and returned to the Frost Centre on Friday evening. During opening proceedings, Patterson's counsel raised concerns with Beale about his client being denied a doona, a pillow, and access to her laptop while detained in the Morwell police cells. It was claimed that Patterson experienced uncomfortable conditions in the Morwell police cell and needed her laptop to go through the legal brief. Beale granted Patterson access to her laptop to prepare her defence. In May 2025, Alexander Solomon-Bridge, a barrister for the Chief Commissioner of Victoria Police, said that Patterson and her legal team were advised in May 2024 that access to a computer and writing implements while held at Morwell Police Station would be limited. Following negotiations, Solomon-Bridge confirmed that Patterson was provided with appropriate bedding and access to legal notes and paperwork whilst detained in the Morwell police cell.[35]

Opening submissions

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Directions from the bench
[edit]

As the trial began, Justice Beale informed the jury that the Crown had decided not to pursue charges that Patterson had attempted to kill her estranged husband in the months prior to the fatal lunch.[36]

The Crown's opening submission
[edit]

The Crown focused on Patterson's dehydrator and told the court that Patterson lied when she told police she never owned one. The court was shown Patterson's Facebook posts sharing photos of a dehydrator along with dehydrated mushrooms. The Crown detailed Patterson's purchase of the dehydrator and subsequent trips in April 2023 to Loch and Outtrim, known[37] death cap mushroom habitats. The Crown presented CCTV footage of Patterson dumping the dehydrator at the Koonwarra Transfer Station after the lunch. The Crown noted that police had forensically examined the retrieved dehydrator and found Patterson's fingerprints and traces of Amanita phalloides mushroom toxins, which were also detected in urine samples of Patterson's male guests. The Crown suggested that Patterson had not eaten the same meal as her alleged victims; had lied about her cancer diagnosis (the pretext on which she had invited the guests); and had lied about experiencing stomach pains and diarrhoea following the lunch. The Crown also suggested that Patterson had lied about having serious medical issues–to ensure that her children were not present at the lunch. The Crown stated that trying to prove that Patterson had a motive would not be part of their case.[33][38]

The defence's opening submission
[edit]

Patterson's counsel acknowledged Patterson's lie to police about not owning a food dehydrator or foraging for mushrooms. Counsel argued that Patterson panicked after learning that her lunch guests died after eating food she had cooked. Patterson's counsel accepted the Crown's argument that Patterson had never been diagnosed with ovarian cancer. Counsel for the defendant stated that Patterson was close to her children and Don and Gail Patterson, her parents-in-law, who died after eating the lunch. Patterson's counsel said the defence did not dispute that death cap mushrooms had caused the deaths of the lunch guests. Counsel argued that Patterson did not intend to cause harm to anyone that day and that the defence would be arguing that the victims' deaths were a "tragedy and terrible accident."[38][33]

Summary and other directions from the bench
[edit]

Beale summarised the Crown and defence's cases, stating that the two disputed issues in the trial were whether Patterson deliberately poisoned anyone and whether she intended to kill or cause serious injury to her guests.[33]

During the trial, Beale dismissed a jury member for sharing information about the case with family and friends. The trial continued with the fourteen remaining jurors.[39][40] After the Crown prosecutor questioned Fox-Hendry, a witness, about generating online search results, Beale warned the jury against doing their own research on the case online.[41]

The Crown's case

[edit]
Simon Patterson and his family, as witnesses
[edit]

Simon Patterson, Patterson's estranged husband, was called by the Crown as the first witness. Simon testified that Patterson had a close relationship with his father, Don, and that the two of them shared a love for science. Simon detailed his tumultuous marriage with Patterson, clashes over property, and contact with his parents to intervene in their dispute. He stated that, in 2006, Patterson inheritedA$2 million from her grandmother; and that it was invested in property and used to facilitate loans for his siblings.[42] Simon also confirmed that Patterson was "disappointed" that he had declined her lunch invitation. After Simon took his parents to the hospital, he said that Heather Wilkinson had twice recalled that Patterson had eaten from a different-coloured plate from the other guests.

During cross-examination, Simon testified that Patterson owned several mismatched plate sets, and had one colourful plastic plate, that was made by their daughter. Simon believed that was the plate that Patterson had used during the lunch.[43] Simon also testified that he had first heard about Patterson using a food dehydrator during a conversation at the hospital a day after the lunch.[42] Simon also said that Patterson was upset he had listed himself as "separated" in his tax returns in 2022, since that would affect their joint tax arrangements.[43]

Monash Medical Centre at Clayton

Simon testified that Patterson had sent him "extremely aggressive" messages over child support payments in the months leading up to the alleged murders. The court saw text messages between the couple and Simon testified that the Patterson never asked about the well-being of his parents following the mushroom poisoning incident. The court also heard that Patterson was reluctant to go to Dandenong Hospital for a health check-up on 31 July 2023, two days after the incident. Patterson and the couple's two children subsequently went to the Monash Medical Centre at Clayton.[44]

Simon also testified that Patterson had arranged for the lunch in order to discuss her purported cancer diagnosis with her relatives. During cross-examination, Simon said that he remained part of her extended family and attended family celebrations despite their separation in 2015. Simon also said that Patterson had a history of leaving hospitals against medical advice and had experienced various medical issues throughout their marriage, including arrhythmia and post-natal depression.[44][45] Under cross-examination, Simon stated that he did not recall hearing Patterson asking for updates on his parents' health after they were admitted to hospital following the mushroom poisoning.[46] He also denied asking Patterson if she used a dehydrator to prepare the meal before dumping it at the local waste processing plant; a conversation that allegedly took place on 31 July 2023, two days after the lunch.[47][46]

Ian Wilkinson
[edit]

On 6 May, the court heard testimony from Ian Wilkinson, the sole guest to survive the poisoning. Wilkinson recalled that during the visit, Patterson was "very reluctant" to let Heather and Gail inspect her pantry, and that Patterson declined Heather and Gail's offer to help plate the beef Wellingtons. He corroborated Simon's testimony that Patterson ate from a plate that was a different colour from the ones used by the guests. On cross-examination, Wilkinson disagreed with the suggestion that Patterson had told her guests she had a "suspected" cancer, stating that she had clearly told them that a diagnostic test had found a "life-threatening cancer". The court also heard about the treatment the lunch guests received at Dandenong Hospital; including a suggestion from the hospital's toxicology department that, due to the delayed onset of symptoms, they had been poisoned by death cap mushrooms.[48]

Other family members
[edit]

Anna Terrington, Don and Gail's daughter, testified about her parents' relationship with Patterson; and that it was unusual for Patterson to invite Don and Gail Wilkinson for lunch. Under cross-examination, Terrington was queried about an A$400,000 loan to enable the purchase of a family home. Patterson's counsel revealed that Patterson and her estranged husband, Simon, had given Terrington the loan.

Matthew Patterson, Patterson's brother-in-law, testified that Patterson had told Simon that she had purchased the mushrooms used in the meal from a Woolworths supermarket and an Asian grocer.

Tanya Patterson, Patterson's sister-in-law, testified that Patterson's relationship with Simon had deteriorated in the twelve months prior to the lunch. Tanya, who had visited Patterson and her children two days following the lunch, also testified that Patterson said she was nauseous, dizzy, and tired following the lunch. When cross-examined, Tanya was unable to provide an exact timeframe of the deterioration of the relationship between Simon and Patterson. Tanya also testified that Patterson, while visiting Monash Health on 1 August 2023, asked about the well-being of her four lunch guests.[49]

Testimony of Patterson's children
[edit]

Patterson's daughter told the court, in a pre-recorded police interview, that her mother had experienced diarrhoea following the lunch. She also told police that she and her brother had eaten leftovers from the lunch for dinner on 30 July.[49][50] Patterson's daughter told police that she was not aware of Patterson using mushrooms in her cooking.

In another pre-recorded police interview, Patterson's teenage son confirmed details about the lunch and guests on 29 July 2023. The son described his mother's relationship with his father as "very negative", with his father asking, without consulting Patterson, to be included in the children's school billing records so that he could have access to their school records and activities. Patterson's son also testified that he and his sister were closer to their mother than their father, saying that his father "does a lot of things to try and hurt Mum."[51][50] In the police interview, Patterson's son stated that his mother had driven him to Tyabb for a flying lesson on 30 July. During the trip, he recalled that his mother did not use the toilet despite telling him that she had diarrhoea in the morning. Patterson's son also corroborated his sister's testimony that they had finished leftovers from the lunch for dinner. The son also told the court that Patterson had taken a photo of mushrooms in July or August 2020.[51]

Supporting witnesses
[edit]

The Crown called Christine Hunt, Daniela Barkley and Jenny Hay,[46] who, along with Patterson, were members of a Facebook group. The court was shown posts by Patterson showing the dehydrator along with sliced mushrooms that were sent to the Facebook group. Hay noted Patterson's interest in mushrooms while Barkley testified that the four women bonded through a shared interest in the Keli Lane murder case. Barkley said Patterson had asked the group for advice on cooking beef Wellington a fortnight prior to the fatal lunch.[47] Barkley and Hunt also testified that Patterson was an atheist who clashed with her Baptist husband Simon, who she alleged was "abusive and coercive."[47]

The court heard testimony from Darren Canty, the operations manager for the waste company Dasma Group, which operates the Koonwarra Transfer Station and landfill. The prosecution played video footage of a woman taking a food dehydrator to the waste processing facility on 2 August 2023. Canty submitted the CCTV footage to the police to assist with their investigation on 4 August.

Statements were tendered from a teenage friend of Patterson's son and her son's flying instructor Ulysses Villalobos.

Child protection practitioner Katrina Cripps told the court that the Patterson children disliked visiting their father because he yelled at them and slept during the weekend. She also testified that Patterson's relationship with her husband and in-laws had deteriorated in the period leading up to the lunch. Cripps also told the court that Patterson was unable to recall where she had bought the mushrooms and was evasive when asked about whether she had foraged the mushrooms herself. Cripps was cross-examined about Patterson's accounts of eating the meal and of learning about her in-laws' illness.[40][39]

Leongatha Hospital nurse Mairim Cespon testified that Patterson became emotional and started crying on 31 July when she was told that her two children needed to be tested for mushroom poisoning. Cespon said that the defendant reported diarrhoea symptoms and underwent a stool test, which recorded liquid bowel movements.

City of Monash officer Troy Schonknecht gave evidence about his investigation into over 12 local grocers selling mushrooms based on Patterson's initial testimony that she had purchased the mushrooms from local grocers. Schonknecht said that the photos of Patterson's mushrooms did not match those sold by local grocers.

Health Department official Sally Ann Atkinson, who investigated the circumstances of the beef Wellington lunch on 30 July, testified that she had corresponded with Patterson between 1 and 4 August 2023 to determine the source of the mushrooms. Patterson had lied about purchasing the mushrooms from a grocer.[52] Atkinson said that the Health Department concluded that it was highly unlikely that commercial mushroom supply chains were contaminated with death cap mushrooms. Atkinson also told the court that Patterson's description of the mushrooms used during the dinner did not match commercial varieties.

In support of the Crown's case, maps of the Loch and Outtrim area, and CCTV movements of Patterson's car on 8 August 2023 were tendered as evidence.[53]

Medical and forensic witnesses
[edit]
Health and medical

Chris Webster, a doctor at Leongatha Hospital, testified that Patterson claimed her children were frightened of being tested but relented.[54] Mark Douglas, an emergency doctor for Monash Health, testified about mushroom poisoning symptoms similar to those experienced by the Pattersons and Wilkinsons following the lunch. Kylie Ashton, a nursing director at Gippsland Southern Health Service, told the court that Patterson had refused to let hospital staff examine her and had signed a "discharge at own risk" form. Patterson's counsel suggested that Patterson was prepared to have treatment, but not at the time. Cindy Munro, the director of nursing based at Leongatha, testified that Patterson refused to accept medical treatment and testing. Rhonda Stuart, from Monash Hospital, testified that Patterson visited the emergency department to ask for her children to be checked after eating leftovers from the dinner. Patterson told Stuart that she bought the mushrooms from an Asian grocer. Laura Muldoon testified that Patterson's blood tests were normal. Varuna Ruggoo, an emergency physician at Monash Health testified that testing indicated that Patterson did not display symptoms of liver toxicity and was subsequently discharged.

Andrew Bernstein, an intensive care specialist at Monash Health, testified that medical tests indicated that Patterson did not have cervical cancer and displayed no symptoms of death cap mushroom poisoning. During cross-examination, Bernstein was queried about the defendant's potassium levels in August 2023.[55]

Stephen Warrilow, an intensive care specialist at Austin Hospital, testified that about amanita poisoning symptoms and treatment of the four victims in early August 2023. While Don received a liver transplant, Gail was too sick to receive one and subsequently died. Warrilow told the court that the Pattersons' and Heather's injuries were "un-survivable."[21][56] Patterson was emotional during Warrilow's testimony.[56]

Brian Beer, a pathologist at the Victorian Institute of Forensic Medicine, testified that he had supervised Heather Wilkinson's autopsy, and testified that Heather had necrosis of the liver and that her bowel lining was also necrotic. Beer told the court that Don Patterson received a liver transplant but that it failed. Beer confirmed that Patterson[clarification needed] died from liver failure and multiple organ failure. Amanita phalloides toxin was also detected in his body.[57]

Toxicology

Conor McDermott, a toxicology registrar at Austin Hospital, recalled that Patterson had claimed she was experiencing diarrhoea but that her blood results and blood gas readings recorded normal results. McDermott also testified that Patterson had given conflicting information about where she had bought the mushrooms before settling on a supermarket and Asian grocery store. Patterson's normal vitals and blood test results were corroborated by paramedic Eleyne Spencer, who also testified that Patterson had received ondansetron and fentanyl after complaining of an excruciating headache.[49]

Thomas May, a mycologist, testified about death cap mushrooms in Victoria and confirmed that four images uploaded to the iNaturalist website were consistent with death cap mushrooms. May was examined by both the prosecution and defence.[58] Under dross-examination, May conceded that there was a risk of members of the public misidentifying mushrooms.

Camille Truong, a mycologist at the Royal Botanic Gardens Victoria, provided expert testimony that she had received a call from Muldoon in late July 2023. Truong said that it was improbable that Patterson purchased death cap mushrooms from an Asian grocer or supermarket since they grew only in the wild and could not be cultivated commercially. Truong also submitted a leftover sample from the beef Wellington lunch as evidence. She told the court that testing found no trace of death cap mushrooms in the leftover sample.

Dr Dimitri Gerostamoulos, the head of forensic science and chief toxicologist of the Victorian Institute of Forensic Medicine said that the Victorian Institute had tested meat, pastry and mushroom paste samples from the beef Wellington recovered from Erin's bin following the lunch. One of the four mushroom paste samples contained beta-amanitin, an amatoxin found in death cap mushrooms. He briefed the jury on toxicology results from Don, Gail Patterson, and Heather Wilkinson, which tested negative for alpha-amanitin and beta-amanitin.[39][40] The sole survivor Ian Wilkinson tested positive for beta-amanitin and alpha-amanitin. Patterson's two children also tested negative for these amatoxins. The jury saw photos of exhibits taken during the toxicological analysis.[39] During cross-examination, Gerostamoulos explained the toxicology testing and analysis process, including the time frame in testing urine samples from the defendant and the victims.

Dr David Lovelock, the manager of diagnostics at Plant Health Australia testified that the Victoria Department of Health asked Lovelock (formerly with Agriculture Victoria) to test for mushrooms in two samples of beef Wellington from Patterson's lunch. He confirmed that button mushroom DNA was found in the beef Wellington leftovers while samples from the food dehydrator had a 99 percent similarity to death cap mushrooms. Lovelock was cross-examined by both the defence and prosecution about the risk of cross-contamination during the testing process and adverse health effects on mushroom poisoning survivors.[59]

Christine McKenzie, a retired pharmacist and Victoria Poisons Information Centre specialist, gave expert testimony about her observations of death cap mushrooms growing in April 2023. During cross-examination McKenzie was questioned about her photos and posts of death cap mushrooms uploaded onto the platform iNaturalist.

Digital forensic science

Digital forensic science expert Matthew Sorell, who had analysed the call records of one of Patterson's mobile phones between 1 January 2019 and 3 August 2023, gave testimony that Patterson had used that phone to access photos of death cap mushrooms on iNaturalist in April and May 2023. Sorell confirmed that his analysis of Patterson's phone showed that the defendant had visited Loch twice in the autumn of 2023. The court was also told that police had been unable to recover Patterson's mobile phone which the prosecution says was used during those visits.[60] Under cross-examination of Sorell's analysis of Patterson's mobile phone data and movements, counsel for the defence explained that the phone data showed that Patterson had made several visits to Loch, Outtrim and Koonwarra during the 18-month period leading up to the lunch. Sorell conceded that there was no record of Patterson's phone's location between Leongatha, Koonwarra and Outtrim on 31 July 2023. Further questioning of Sorell disputed evidence that Patterson had visited Loch and Outtrim on 23 May. The defence suggested that the defendant had swapped her two phones. The Crown later questioned Sorell about the topography evidence.[61]

Victoria Police digital forensics officer Shamen Fox-Hendry testified over four days about his examinations of Patterson's devices that were seized by police on 5 August 2023. An analysis of the defendant's computer found that Patterson had searched for the iNaturalist website and death cap mushrooms on 18 and 28 May 2022.[62][63] Fox-Hendry was questioned about a series of Facebook messages that Patterson had posted using her Samsung phone and tablet in December 2022, expressing anger and frustration at her husband and his parents over a child support issue.[64][41] Fox-Hendry told the court that Patterson's phone had been factory-reset four times on 12 March, 1 August, 5 August and 6 August 2023. The Crown questioned Fox-Hendry about 13 images found in the Google Photos cache data on Patterson's tablet. These included photos of a food dehydrator, dehydrator trays containing what appeared to be mushrooms and apparent mushrooms on a weighing scale.[41] Under cross-examination, Fox-Hendry stated that he had received a mixture of formal training with certification and practical training with Magnet Axiom software prior to working on the Patterson murder investigation.[65][57]

Other police witnesses
[edit]

Senior Constable Paul Burns, who had collected the dehydrator from Koonwarra, testified; as did Senior Constable Adrian Martinez-Villalobis, who had collected the beef Wellington leftovers from Patterson's home on 31 July.

Detective Senior Constable Khuong Tran presented CCTV footage of Patterson's vehicle visiting a petrol station in Caldermeade on 30 July at 3:20pm following the lunch. The court heard from counsel for the defence that Patterson had visited the service station's toilet for nine seconds. Earlier, the court had heard evidence that Patterson had told hospital staff about experiencing diarrhoea symptoms.[61]

Detective Sergeant Luke Farrell, who had searched Patterson's home on 5 August 2023, testified that he had seized her computer and mobile devices. During cross-examination, Farrell said that Patterson had expressed surprise after learning about the death of Heather Wilkinson that same day. He also confirmed that police did not seize any of Patterson's plates during their investigation.[53]

Detective Leading Senior Constable Stephen Eppingstall was the final witness for the Crown. He told the court that his team had analysed Patterson's bank records and identified a transaction of interest from the Koonwarra Transfer Station on 2 August 2023. Following the deaths of Heather Wilkinson and Gail Patterson on 4 August, Eppingstall had questioned the defendant about her beef Wellington recipe. During cross-examination, Eppingstall said that he did not see four grey-coloured plates in a video used during the search of Patterson's home. Eppingstall said his team also concluded that Patterson's Samsung phone had been factory reset four times. As part of his evidence, the Court watched Patterson's police interview video of 5 August, where she denied owning a food dehydrator.[53] Cross-examination of Eppingstall about devices that police did not seize from Patterson's home were raised by counsel for the defendant. Eppingstall rejected the defence's suggestion that a photo showed a Samsung phone, labelled "Phone A", that police had said was never located. Eppingstall said that if the device was a phone, it would have been seized by police. The defence disputed Eppingstall's evidence that Patterson's son appeared in CCTV footage outside a Subway restaurant a few hours after the lunch on 30 July 2023. Defence counsel discussed the Facebook evidence submitted by the Crown, contending that the defendant and her online friends were venting about issues in their life.[66] Eppingstall told the court that Patterson's daughter had initially said she could not recall her mother visiting a local Asian grocer before changing her testimony after watching the video. Eppingstall showed the jury other evidence including Patterson's Woolworths transaction history, her medical records, information about Woolworths's mushroom suppliers' cultivation practices, Patterson's diary, text and Facebook messages, phone call history and screenshots of webpages found on her computer. Eppingstall testified that Patterson acknowledged owning Samsung and Nokia phones. Her phone messages contradicted her Medicare records on the matter of health appointments. Later that day, Eppingstall was cross-examined about the defendant's medical history and a Signal conversation between Patterson and Simon from 4 January 2022 about her heart problems.[67] During cross-examination of Eppingstall, the defence focused on the Crown's photographic and SIM cards evidence and Eppingstall confirmed an earlier statement of facts that an analysis of the fingerprints found on the food dehydrator matched Patterson's fingerprints.

The defence's case

[edit]
Erin Patterson as a witness
[edit]

Patterson was the first witness for the defence and testified about her relationship with Simon Patterson and his parents. She attributed her separations from Simon Patterson between 2009 and 2015 to communication difficulties and said that the relationship improved in 2023. Patterson also told the court that she struggled with low self-esteem and weight gain and planned to undergo gastric bypass surgery in c. July 2023.[68] Patterson told the court that she had foraged for mushrooms in Leongatha and Korumburra for several years prior to July 2023 and that she accepted that there were death cap mushrooms inside the beef Wellingtons she had cooked on 31 July. Patterson told the court that she had bought most of the ingredients for the lunch from a Leongatha supermarket and some forest mushrooms mix from a Melbourne-based grocer. She explained that she had used a food dehydrator to preserve the mushrooms for use later in the year. Patterson also testified that she had intended to use several mushrooms she had bought from an Asian grocer and had stored them separately as they were pungent.[69] On her third day of questioning by her counsel, Patterson told the court that she believed that the foraged mushrooms ended up in the lunch due to a mistake about the contents of her containers in the pantry. Patterson also admitted lying about her cancer diagnosis and claimed that she had been too embarrassed to tell her relatives that she was about to get gastric bypass surgery to deal with her weight. Before court, Patterson stated that she had organised the lunch in order to bolster relations with the wider Patterson family, who she feared were becoming distant due to her separation from her husband, and that she had vomited following the lunch after eating a cake that her husband's mother had brought. She also said that she experienced diarrhoea for several days after the lunch and had taken drugs to treat the symptoms. Patterson told the court that she had become anxious after her husband confronted her in hospital about whether she had used her food dehydrator to poison his parents.[70]

Cross-examination

During cross-examination, Patterson denied that she had deliberately cultivated the death cap mushrooms, purposely placing them in the beef Wellingtons and weighing them to calculate the fatal dose for a person. She also disputed the prosecution's account that she had told her relatives at the lunch that she had cancer. Patterson said she lied to the police and health authorities about dehydrating mushrooms and food because she was afraid of being blamed for the mushroom poisonings. Patterson admitted lying about medical appointments including a needle biopsy.[71] During cross-examination, Patterson denied accessing posts in May 2022 about death cap mushrooms on iNaturalist, despite the Crown presenting a report from data extracted from Patterson's computer showing that the Bing search engine was used to search for iNaturalist over the same timeframe. Patterson told the court that the recently-foraged mushrooms may have been placed in the same plastic container with store-bought mushrooms used in the beef Wellingtons. She denied that the purpose of the lunch on 30 July was to seek medical advice about her upcoming gastric bypass surgery. Patterson expressed regret for an angry Facebook message attacking her in-laws in December 2022 but disputed the prosecution's argument that the post reflected her true feelings about them.[72]

Patterson denied she attempted to "cover her tracks" after discharging herself from Leongatha hospital against medical advice on 1 August 2023. She also disputed Ian Wilkinson's testimony that she had used a different-coloured plate from her guests and denied making a sixth beef Wellington for her estranged husband Simon in case he attended the lunch. She did, however, make six individual beef Wellingtons rather than a single piece from which portions could be cut. She explained that she was unable to source a piece of beef large enough for a single beef Wellington.[73][74] Patterson denied the Crown's suggestion that she could easily have sourced a large piece of beef in one of the various supermarkets and butchers in the area, instead of the choice to make individual meals.[73] Patterson also disputed the evidence given by several medical staff, including Leongatha hospital nurse Cindy Munro, who had testified that Patterson was reluctant to allow her children to be tested for poisoning. Patterson also recalled that she became anxious after medical staff informed her about the possibility of death cap mushroom poisoning during the lunch.[75]

Patterson denied misleading Department of Health authorities when she initially claimed that she had bought the death cap mushrooms from an Asian grocer. She also acknowledged that the Enrich Clinic, where she claimed to have booked a pre-surgery appointment for a gastric bypass, never offered this procedure. Patterson also denied foraging for death cap mushrooms two hours before purchasing a food dehydrator on 28 April 2023. She defended her decision to prepare a beef Wellington lunch with mushrooms which she said that she had bought from an Asian grocer several months earlier. She also denied that she had fabricated a history of foraging for edible mushrooms since 2020.[76] Whilst still under cross-examination by the Crown, Patterson told the court that she had lied about her cancer treatment because she was embarrassed about her upcoming weight loss surgery. She denied lying that Simon Patterson had accused her of poisoning his parents with a dehydrator a few days after the lunch. Patterson rejected the Crown's argument that she had factory-reset her mobile phone four times in August 2023 to conceal evidence. She also denied deliberately harvesting death cap mushrooms in 2022, including those mushrooms which ended up in the beef Wellingtons. The defence rested its case, and Justice Beale told the jury that evidence in the trial had concluded.[77][78]

Closing arguments

[edit]

The Crown's closing arguments to the jury were that Patterson, over the course of several months prior to the 29 July lunch, fabricated her cancer claim as a means of inviting her guests over for lunch, deliberately incorporated death cap mushrooms into the meal served to her guests while ensuring that neither she nor her children consumed the poisoned food, pretended to have diarrhoea following the lunch to make it appear that she had suffered from death cap poisoning, and engaged in a "sustained cover up" to conceal her role in poisoning her guests including lying about the origins of the mushrooms served in the meal and attempting to dispose of her food dehydrator at a landfill; lied about her level of cooperation with health authorities; invited her lunch guests as a gesture of friendship; had never told her guests that she had been diagnosed with cancer; planned gastric bypass surgery; and questioned testimony that Patterson had experienced diarrhoea after eating cake following that lunch.[79]

The closing arguments to the jury, as presented by Patterson's counsel over three days, were that Patterson had accidentally added death cap mushrooms to the meal; there was a reasonable possibility that Patterson had not intended to kill or cause serious injury to her guests; human memory could be faulty, questioning the account of prosecution witness Kylie Ashton; the Crown's evidence about Patterson's conflicts with her estranged husband and in-laws were erroneous, including reliance on a social media conversation in December 2022 that criticised her in-laws; defended the credibility of Patterson's testimony; the testimony from lunch survivor Ian Wilkinson that Patterson served the guests on four large grey plates while eating from a different coloured plate was of no consequence; Patterson's online searches for death cap mushrooms reflected "idle curiosity" rather than malevolent intentions; the Crown's arguments that Patterson committed murder without a motive, lied about her cancer to lure her guests, and thought she could pass off the poisoning as a gastrointestinal infection, should be rejected; Patterson panicked and lied after her estranged husband accused her of poisoning his parents; the Crown's argument that Patterson had either disposed or factory reset her original mobile phone to conceal her tracks should be rejected; and that Patterson's medical tests from two days after the lunch showed that she had become unwell after consuming the beef Wellington meal, stating that the test recorded low potassium and elevated haemoglobin and fibrinogen levels.[80][81][82]

Judicial summary

[edit]

Over four days, Justice Beale summarised for the jury the key evidence and arguments, supported by an 86-page chronology of exhibits and trial evidence. Beale focused on eight alleged inconsistent statements by Patterson and the digital forensics and telecommunication evidence presented by the Crown. He instructed the jury not to be swayed by sympathy for the victims or prejudiced against Patterson for telling lies about the mushrooms' origins, her cancer diagnosis, disposing of the food dehydrator, or be influenced by media coverage, or by family and friends.[83] Beale's summary covered digital forensics evidence; Patterson's "alleged incriminating conduct", arguments around Patterson's medical history and hospital interactions;[84] the dried mushroom evidence; the Health Department's investigation; the defence and prosecution's conflicting arguments about the Asian grocery store and Patterson's children being fed leftovers;[85] the dumped food dehydrator; the defendant allegedly faking her illness following the lunch;, testimony from health officers; Patterson's testimony; and evidence from the lunch poisoning victims.[86] In his closing remarks, Beale instructed the jury to consider four legal elements of the murder charges:[87]

  1. whether Patterson had caused the deaths of her lunch guests;
  2. whether she did it deliberately;
  3. whether she did it with an intention to kill or to cause serious injury; and
  4. whether she committed the killings without a lawful justification or excuse such as self defence.

Verdict

[edit]

After the two remaining reserve jurors were balloted off, 12 jurors retired to decide the verdict and were sequestered for the duration of their deliberations.[88] On 7 July 2025, the jury returned its verdict, and found Patterson guilty of murder on three counts; and guilty of attempted murder on one count.[3][34][89] Patterson was detained in isolation at the Dame Phyllis Frost Centre. Due to safety concerns and understaffing, her movements were severely restricted, was not provided with limited opportunities for exercise and limited visits to the prison library.[90]

On 30 July 2025, the Supreme Court of Victoria barred Patterson from selling her home in Leongatha, to potentially satisfy any future claims for compensation or restitution.[91]

Sentencing

[edit]

On 25 August 2025, Patterson faced a pre-sentence hearing in Melbourne. The court heard victim impact statements from seven relatives including Ian Wilkinson, his daughter Ruth Dubois, Don Patterson's mother, Don and Gail's nephew Tim Patterson, and Simon Patterson. Wilkinson told Patterson that he forgave her while Simon talked about the impact of Don and Gail's deaths on his children, and criticised the "abrasive" legal system and "callous behaviour" of the media.[92][90] Justice Beale said that the court had received 28 victim impact statements but said that most of the authors had indicated they did not want them referenced in the court proceedings.[92]

Colin Mandy SC, Patterson's barrister, acknowledged the defendant's grave offending. While he accepted that she was facing a life sentence, he argued against a fixed non-parole period and said that her suspected autism diagnosis would make imprisonment difficult. Prosecutor Jane Warren argued that Patterson should be jailed for life without parole, describing her crimes as being in the "worst category" and adding that the defendant showed no remorse.[92][90]

On 8 September 2025, Justice Beale sentenced Patterson to three life sentences plus 25 years of imprisonment, all served concurrently. She will be eligible for parole in 2056, aged 82 years.[93] Beale considered the likely conditions of Patterson's detention as important circumstances warranting a shorter non-parole period, and Patterson's lack of remorse, among other things, as warranting a longer period. Patterson's notoriety means she might be at risk and must be kept segregated from other prisoners.[4][5] Beale recognised that Patterson had served 676 days in detention.[93]

Patterson commenced serving her sentence at the Dame Phyllis Frost Centre, a maximum security women's prison in western Melbourne.[94]

Media coverage

[edit]

The Leongatha mushroom poisoning case and Patterson's arrest and arraignment in early November 2023 attracted significant domestic and international media attention.[6][7] Six media film crews attended Patterson's arraignment at the Morwell courthouse on 3 November.[6] Victoria Police inspector Dean Thomas said that the police investigation had been "subject to incredibly intense levels of public scrutiny and curiosity" by local, national and international media over the past three months. Notable international media covering the case included The Washington Post, BBC News, the Los Angeles Times, CNN, People magazine, The New York Times and NBC.[7] The Latrobe Valley Magistrates' Court reserved six seats for the media on a daily ballot. To accommodate the large media contingent, an overflow room was established in the court building. The Victoria Supreme Court imposed strict guidelines on media coverage to ensure fairness. While the court was open to the public and media, the case was not televised.[95]

According to ABC News, Morwell's hotels and motels were inundated by the large media contingent.[96] ABC News and the Globe and Mail reported that the court case attracted significant local interest as well as substantial coverage from Australian and international media.[97] A local newspaper, the South Gippsland Sentinel Times, published a list of local landmarks and locations featured in the trial.[98] Notable media productions featuring the case included a Stan documentary series,[95] the Australian Broadcasting Corporation's Mushroom Case Daily, the Herald Sun's The Mushroom Cook: The Trial and Nine Entertainment's The Mushroom Trial: Say Grace podcast series.[99]

British current affairs magazine The Spectator described the trial as Australia's "trial of the century", observing that media coverage drew media and public attention away from the aftermath of the 2025 Australian federal election.[100] On 4 July 2025, the ABC confirmed that it was working on a true crime drama series about Patterson called Toxic. The series would be produced by Tony Ayres and written by Elise McCredie, with ABC journalist Rachael Brown serving as a consultant.[101][102]

Patterson's guilty verdict on 7 July 2025 attracted substantial media coverage from both Australian and international media including The Guardian, The Sydney Morning Herald, The Age, The Australian, The West Australian, The Courier Mail, Herald Sun, Daily Mail, The Economist, BBC News, Al Jazeera English, The New York Times, and CNN.[103] Following the trial, Seven Network confirmed that it would be releasing a Spotlight Special current affairs episode featuring experts' perspectives on the Patterson mushroom murder trial. Nine Network also confirmed that it was producing a documentary for its streaming service Stan focusing on the trial. Publishers Allen & Unwin and Hachette Australia confirmed that they would be publishing books focusing on the case by crime writers Greg Haddrick and Duncan McNabb, and another by Helen Garner.[102]

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[edit]
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