Erin Patterson dished out hundreds of thousands of dollars in discounted home loans to the family of her estranged husband leading up to the deadly lunch that claimed the lives of three.
The revelations came as Simon Patterson was cross examined by his ex-wife’s barrister Colin Mandy SC at the Supreme Court of Victoria sitting in the Latrobe Valley.
Patterson, 50, is accused of killing her former in-laws, Don and Gail Patterson, and Gail’s sister, Heather Wilkinson, with death cap mushrooms served in a pastry dish during a lunch at her Leongatha home on July 29, 2023.
Pastor Ian Wilkinson was the only attendee to survive the lunch, with Patterson also charged with attempted murder over his alleged poisoning.
It was the first time Simon had laid eyes on his wife in person since her arrest over the alleged murder of his parents and aunt.
The court heard Patterson had effectively gifted near interest free loans to three of Simon’s siblings to purchase homes in and around Melbourne.
The money had come largely from the $2million in inheritances Patterson had received following the deaths of her mother and grandmother.
The jury heard that Simon’s brother Matt and wife Tanya received about $400,000 to build their house in Officer in Melbourne’s south-east.
His brother Nathan and wife Merryn also pocketed hundreds of thousands to buy a home while his sister Anna and husband Josh borrowed money for a home in Blackburn.
Simon Patterson makes his way out of court on Thursday
‘And the terms of those loans were that there was no interest paid on them other than indexation to inflation?’ Mr Mandy asked.
‘That’s right,’ Simon responded.
The court heard the loans came with the added bonus of being paid off when and how the recipients wanted.
‘They were arranged so that there was no legal hold, I guess, to force them to pay the money back, but the arrangements were that – the intention was that they be paid back at the same kind of amounts that they’d be paying back a mortgage if it was a mortgage,’ Simon said.
When the couple split, the remaining loans split between them with Simon taking over collections from Anna while Erin took on Matt.
Dressed in pink, Patterson showed no emotion as her estranged husband gave evidence throughout Thursday.
The pair locked eyes briefly before Patterson began to give his evidence.
Simon had been invited to the deadly lunch but pulled out the night before.
Erin Patterson had been generous with her money leading up to the alleged murders
The jury has already heard three attempted murder charges relating to him were withdrawn last week.
Patterson has pleaded not guilty to three counts of murder and one of attempted murder.
Simon outlined how he had been invited to the fateful lunch and the angry response he received from his estranged wife when he declined.
‘I’ve spent many hours this week preparing lunch for 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,’ she texted Simon.
‘It’s important to me that you’re all there tomorrow, and that I can have the conversations that I need to have. I hope you’ll change your mind. Your parents, Heather and Ian, are coming at 12.30, and I hope you’ll change your mind. Your parents, Heather and Ian, are coming at 12.30, and I hope to see you there.’
Simon spent the early part of Thursday answering questions about his family and how he came to meet and then separate from his wife.
He called his estranged wife ‘witty and quite intelligent’ before telling the court she had held a position as an air-traffic controller at Melbourne Airport in Tullamarine.
He explained how Patterson had enjoyed educating herself, studying pet science, law and science.
When asked if Patterson liked to invite people over to the family home, Simon said it was ‘very rare’.
Simon became emotional when asked about the breakdown of his relationship, asking for tissues and struggling to answer questions.
‘It’s good to be friends with the person you’re married too … it was really important to me that, sorry can I have some tissues please,’ he said.
Asked for a break, Simon resisted.
‘Did you continue to care for her,’ Dr Rogers asked.
‘Yes,’ he replied.
Simon claimed while the couple remained friendly during separation, things changed when he made the decision to change his relationship status on his tax return.
He had been dropping off the kids at Patterson’s Leongatha home when she allegedly came out and asked to have a chat.
The jury heard Patterson jumped in the passenger side of Simon’s car.
Erin Patterson as she appeared in court on Monday
‘She discovered that my tax return for the previous year for the first time noted we were separated,’ Simon told the court.
Patterson told him the move would impact the family tax benefit the couple had previously enjoyed and she was obliged to now claim child support.
‘She was upset about it,’ Simon said.
On July 16, during a church service, Patterson allegedly asked her in-laws over for lunch, the court heard previously.
She also asked Simon to attend, despite the couple’s relationship being on the decline.
The court heard the purpose of the lunch was to discuss ‘medical issues’ and how ‘to break it to the kids’.
Those issues were Patterson’s false claims that she had ovarian cancer.
Patterson was insistent she did not want the kids to attend and Simon agreed to attend the lunch.
Simon Patterson entered court with his media cohort Jessica O’Donnell
Simon Patterson will be cross examined by his wife’s legal team (pictured)
The court heard each of Patterson’s guests were initially confused about the invitation and wondered what the purpose was.
Simon pulled out at last minute because he ‘felt uncomfortable’ – a move which allegedly annoyed his estranged wife.
Patterson texted ‘she was disappointed’ as she’d put in a lot of effort for the ‘special meal’.
The court heard Patterson told Simon it was important everyone attended.
In opening the prosecution case, Dr Nanette Rogers claimed that, while separated, Patterson and Simon had initially enjoyed a ‘friendly relationship’.
Despite separating in 2015, Simon had remained hopeful they would reunite someday, Dr Rogers said.
The pair had communicated regularly via the Signal messaging app up until 2022 when Simon noticed a change.
Dr Rogers told the jury Patterson expressed concern when Simon listed himself as separated on his tax return.
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She also wanted child support and the school fees paid.
The court heard Patterson changed the children’s school without consulting Simon.
In closing her opening address on Wednesday, Dr Rogers told the jury a motive was not necessary for members to convict Patterson and they would not be given one.
‘Motive is not something that has to be proven by the prosecution,’ Dr Rogers said.
‘The prosecution will not be suggesting that there was a particular motive to do what she did.’
Instead, Dr Rogers told the jury that by the end of the trial they would be convinced Patterson lured her victims to lunch with false claims she had cancer before deliberately serving them mini beef Wellingtons laced with death cap mushrooms.
She told the jury it could be convinced Patterson had not eaten any of the poisonous meal, pretended to be sick and never fed her children any of the leftovers containing the death cap mushrooms.
Patterson’s barrister Colin Mandy, SC suggested motive was an important factor in the case.
‘Did she have a motive to kill these four family members?’ he said. ‘That issue of intention is the critical issue in this trial.
‘Did she intend to kill these four people? That’s the issue.
‘We say she didn’t do it deliberately … the defence case is what happened was a tragedy. A terrible accident.’
The trial continues.
