From 26m ago 22.27 EDT Erin Patterson’s estranged husband told her he was ‘too uncomfortable’ to attend mushroom lunch, murder trial hears Jurors are now being shown text messages between Simon and Erin on the evening of 28 July – the night before the lunch. Simon texted Erin at 6:54pm saying: Sorry, I feel too uncomfortable about coming to the lunch with you, mum, dad, Heather and Ian tomorrow, but am happy to talk about your health and implications of that at another time if you’d like to discuss on the phone. Just let me know. Patterson then replies at 6:59pm: That’s really disappointing. I’ve spent many hours this week preparing lunch or tomorrow which has been exhausting in light of the issues I’m facing and spent a small fortune on beef eye fillet to make beef wellingtons because I wanted it to be a special meal as I may not be able to host a lunch like this again for some time. It’s important to me that you’re all there tomorrow and that I have the conversations that I need to have. I hope you’ll change your mind. Your parents and Heather and Ian are coming at 12:30. I hope to see you there. Simon says Erin’s text messages did not change his mind and he told his parents he would not be attending the lunch. Share Updated at 22.49 EDT 7m ago 22.46 EDT Simon later attends Korumburra hospital to visit his parents, arriving late morning on 30 July, the court hears. Rogers asks Simon how they appeared. “Dad was substantially worse than mum. He was really struggling,” Simon says. “He was lying on his side, hunched quite noticeably. Really discoloured face, struggling... speaking was an effort.” “His voice was strained... he wasn’t right inside.” Simon’s father, Don, tells him Erin had revealed at the lunch she had been diagnosed with ovarian cancer. Simon says Patterson had not told him about undergoing medical tests. “I’d never heard of her cancer diagnosis,” he says. Share 9m ago 22.44 EDT The following morning - 30 July - Simon’s father, Don calls him. He says he and Gail have been unwell, Simon tells the jury. Don tells Simon his aunt and uncle, who attended the lunch, were experiencing similar symptoms. Simon then drove to his aunt and uncle’s house. He later calls an ambulance for the pair. When Ian is out of the room, Simon says Heather looked “puzzled”. “She said I noticed Erin served her food on a coloured plate which was different to the rest,” Simon says. Simon then decided to drive his aunt and uncle to the local hospital because the ambulance was taking too long. As he drives his aunt and uncle to Leongatha hospital, Heather asks Simon “is Erin short of crockery?” Simon replies “yes, Erin doesn’t have that many plates and that may have been the reason.” Share 17m ago 22.37 EDT Simon Patterson was not in touch with parents or aunt and uncle on 29 July, court told As Simon is dropping off the children, he notices his parents’ car outside Erin’s house in Leongatha. He doesn’t see or talk to anyone as he drops off his son and friend. Simon and his daughter then drive back to his home in Korumburra which he describes as their usual Saturday routine. He returns to Erin’s house in Leongatha to drop off his daughter around 9pm. Simon says he had no communication with his parents or his aunt and uncle that evening. Share Updated at 22.47 EDT 23m ago 22.31 EDT On the day of the lunch, Simon called his son at midday. His children, who cannot be named for legal reasons, were at McDonald’s in Leongatha at the time. His son’s friend was also with the pair. They planned to attend the cinemas in Leongatha afterwards, Simon says. Simon also spoke to his daughter on the phone and planned to pick the three children up from the cinemas. He then drove them to Erin’s house. Share Updated at 22.40 EDT 26m ago 22.27 EDT Erin Patterson’s estranged husband told her he was ‘too uncomfortable’ to attend mushroom lunch, murder trial hears Jurors are now being shown text messages between Simon and Erin on the evening of 28 July – the night before the lunch. Simon texted Erin at 6:54pm saying: Sorry, I feel too uncomfortable about coming to the lunch with you, mum, dad, Heather and Ian tomorrow, but am happy to talk about your health and implications of that at another time if you’d like to discuss on the phone. Just let me know. Patterson then replies at 6:59pm: That’s really disappointing. I’ve spent many hours this week preparing lunch or tomorrow which has been exhausting in light of the issues I’m facing and spent a small fortune on beef eye fillet to make beef wellingtons because I wanted it to be a special meal as I may not be able to host a lunch like this again for some time. It’s important to me that you’re all there tomorrow and that I have the conversations that I need to have. I hope you’ll change your mind. Your parents and Heather and Ian are coming at 12:30. I hope to see you there. Simon says Erin’s text messages did not change his mind and he told his parents he would not be attending the lunch. Share Updated at 22.49 EDT 32m ago 22.21 EDT Erin Patterson first invited Simon Patterson to lunch on 16 July 2023, court hears Simon says he first heard about what would be the fatal lunch on 16 July 2023 – two weeks prior. He says on the day he was attending a service at the Korumburra Baptist church, where he provided technology support. Erin approached Simon after the service and said she had “important medical news” and invited him to lunch at her house because she wanted advice on how to break this to the children. She told him she had also invited Simon’s parents, Don and Gail Patterson and his aunt and uncle, Ian and Heather Wilkinson. He says: She said she was keen for it to not be with the kids … she wanted to talk about … this serious matter. Simon says he was a “bit reluctant” but agreed to attend the lunch. He says he did not see Erin again before the lunch was held on 29 July. Share Updated at 22.28 EDT 43m ago 22.10 EDT Erin Patterson ‘got on well’ with in-laws, Simon Patterson tells court Nanette Rogers is asking Simon Patterson about a group chat on the messaging platform Signal. It included Erin Patterson, Simon and his parents. Simon says Erin complained about him not agreeing to his request to pay the school fees equally in late 2022. Rogers asks Simon about Erin’s relationship with his parents. “They got on very well, I think,” he says. Simon says Erin “especially got along with dad”. “They shared a love of knowledge and learning, and interest in the world.” He becomes teary as he says Erin loved his father’s “gentle nature”. Share Updated at 22.13 EDT 49m ago 22.05 EDT Map of key locations in Erin Patterson case Here is a map showing the key locations in the alleged triple murder: Leongatha, where Erin Patterson lived, is where the fatal lunch occurred in July 2023, the court has been told. Erin Patterson had invited Simon Patterson’s family to lunch during a service at the Korumburra baptist church, where Ian Wilkinson was the pastor, on 16 July 2023. Map showing location of Korumburra and Leongatha in Victoria Share Updated at 22.12 EDT 1h ago 21.57 EDT Erin Patterson was ‘upset’ about Simon using ‘separated’ term on tax return, court hears Simon has recounted an incident in late 2022 when Patterson asked why Simon had referred to himself as “separated” on his tax return for the previous financial year. Patterson told Simon she was therefore obliged to receive child support payments from him which had “never happened before,” the jurors here. “She was upset about it,” Simon says. Rogers asks Simon how Patterson found out about this. He says he’s unsure. He describes it as a “miscommunication between my accountant and me”. An offer to amend it was rejected by Patterson who was unhappy, he says. It was then resolved that Patterson would formally apply for child support payments. After this, Simon says messages he sent to Patterson were sometimes ignored and the previous “chatty” tone of their correspondence had vanished. Share Updated at 22.11 EDT 1h ago 21.47 EDT After this, Patterson pushed for the pair to equally split the costs of their children’s school fees. Simon says he had been advised by the “child support people” not to do this because these fees would be covered in his payments to Patterson. “I was sure she was very upset about that,” he says. Share Updated at 21.56 EDT 1h ago 21.42 EDT Patterson received a “substantial” inheritance of about $2m when her grandmother passed away in 2006, Simon says. “They dribbled it out really slowly, the executors,” he says. Share Updated at 21.47 EDT 1h ago 21.40 EDT Simon Patterson tells court he and Erin Patterson remained friends after separation Under examination by Nanette Rogers, Simon Patterson agrees he indicated to Erin Patterson that he wanted to reconcile the marriage. The pair separated numerous times until late 2015, the court hears. Simon says: When we lived together, it was always her leaving me. He agrees the relationship remained friendly after the separation in 2015 and they managed the care of their children well. Simon appears to become emotional and requests tissues as he says: “It’s good to be friends with the person you’re married to.” He says he is “struggling to answer the question”. Share Updated at 21.47 EDT 1h ago 21.32 EDT Split in 2015 was a ‘permanent separation’, Simon Patterson tells court Simon is detailing to the court the early years of the couple’s marriage. In 2007, the pair travelled to Western Australia where they lived for two years. Their first child was born in 2009. During this time, they separated for about six months, Simon says. They returned to Victoria in 2013. Their second child was born in 2014. Simon says they bought a house in Korumburra. They lived there until 2015, when the couple separated. Patterson then decided to buy herself a “separate house and move into it”, also in Korumburra, Simon says. She moved into the house alone. Under examination by Rogers, Simon agrees the split in 2015 was a “permanent separation”: It was strained, there was tension in it. Share Updated at 21.44 EDT 2h ago 21.22 EDT Estranged husband gives evidence Simon Patterson describes Erin Patterson as “very intelligent”: I guess some of the things that attracted me to her in the first place was definitely her intelligence. She’s quite witty and can be quite funny. He says during the pair’s marriage, she performed home duties and also undertook studies including legal and science courses. Nanette Rogers asks if it was rare for Patterson to invite guests over to the family home. Simon replies: Very rare He says that after the pair’s separation wider family gatherings involving his siblings and parents were not held. View image in fullscreen Simon Patterson arrives to the Latrobe Valley magistrates court in Morwell, Victoria, Thursday, 1 May 2025. Photograph: James Ross/AAP Share Updated at 22.17 EDT 2h ago 21.11 EDT The jurors are being shown a diagram of the Patterson and Wilkinson families. It shows that Simon’s aunt, Heather Wilkinson, married Ian Wilkinson. Here’s a diagram: View image in fullscreen Erin Patterson’s family tree Illustration: Guardian design Share Updated at 22.51 EDT 2h ago 20.55 EDT Estranged husband arrives Patterson’s estranged husband, Simon, will begin giving evidence today as the prosecution’s first witness. View image in fullscreen Simon Patterson arrives at court this morning. Photograph: James Ross/AAP The pair had an amicable relationship despite their separation in 2015 until November 2022, according to the prosecution. Until November 2022, Simon had maintained hope the couple would reconcile, the court heard. Share Updated at 21.29 EDT 2h ago 20.45 EDT Jurors arrive The jurors have entered the court for day three of Erin Patterson’s murder trial. The proceedings will begin shortly. Share Updated at 21.04 EDT 2h ago 20.30 EDT Day two recap Here’s a recap of what we heard on day two of Erin Patterson’s trial. The prosecution has told jurors that Patterson had invited her estranged husband, Simon, and his relatives to her house in July 2023 to discuss “medical issues” she had and how to break the news to her two children. Nanette Rogers SC, the prosecutor, said Patterson had told them she had cancer, but the prosecution allege she did not have cancer, and concocted the story about medical issues to ensure that the children were not present for the lunch. The defence told the court it was not in dispute that Patterson had never been diagnosed with cancer. Patterson’s lawyer, Colin Mandy SC, also said she had lied to police about never foraging for mushrooms but denied ever having deliberately sought out death cap mushrooms. The defence’s case is that the three deaths were a tragedy and a terrible accident. Mandy said the main issue in the case was that Patterson did not deliberately serve poisoned food to her guests. Share Updated at 20.31 EDT