Erin Patterson, 50, has had attempted murder charges against her estranged husband, Simon Patterson, dropped as the trial gets underway for the fatal poisonings of his family in Australia

Gail Patterson pictured wearing a red zip-up sweatshirt
Erin Patterson, 50, has maintained her innocence since the fatal lunch in July 2023(Image: 7NEWS)

A woman accused of killing three members of her estranged husband’s family with a poisoned lunch has been cleared of three allegations of attempted murder against her ex-husband.

Erin Patterson arrived at court today as the trial for the fatal poisonings got underway. But prosecutors last week dropped the three charges related to alleged attempts to kill her husband, Simon Patterson, meaning she will be on trial for four charges – three counts of murder and one of attempted murder. Patterson arrived at the Supreme Court of Victoria sitting in Morwell, outside Melbourne, Australia, wearing a pink-striped shirt and flanked by two guards today where she faces a jury of 10 men and five women for the first time.

Simon Patterson was supposed to join his parents for the lunch that killed them

The jury were told of the decision to drop the attempted murder charges by Justice Christopher Beale on Tuesday after members were selected by Patterson to sit on the trial. The 50-year-old has maintained her innocence since the incident and pleaded not guilty, with opening statements expected to get underway tomorrow.

She has been charged with killing Don and Gail Patterson, both 70, the parents of her estranged husband and Gail’s sister, Heather Wilkinson, 66, in July 2023 as well as the attempted murder of Gail’s husband, Baptist pastor Ian Wilkinson, 68. Patterson, a mum-of-two, had invited her estranged husband’s family to her home in Leongatha, a small town 84 miles outside of Melbourne, for lunch.

Don and Gail Patterson, both 70, died after eating the beef Wellington lunch at their estranged daughter-in-law’s house(Image: supplied )

After the meal, Gail, Don, Heather and Ian, 68, all fell sick. Ian spent almost two months in a coma, while Don, Gail and Heather died within a week of eating the lunch. An investigation was launched by police where it was discovered the victims’ symptoms were consistent with poisoning by Amanita phalloides – death cap mushrooms. The mushrooms are a deadly fungus that grows in the Australian state of Victoria and, if ingested, can result in organ failure.

Ian Wilkinson, right, survived after months in a coma, while wife Heather died(Image: Nine)

Patterson pleaded not guilty in May 2024 at the Latrobe Valley Magistrates’ Court to three counts of murder and attempted murder. Today, Justice Beale gave his opening address to the jury, which was selected from a pool of 120 potential jurors.

15 jurors will take part in the full trial, set to last six weeks, with 12 of those to decide Patterson’s fate. A bllot will be held before the jury retires to consider its verdict, with three members to be ejected without any input. The additional jurors are selected as back-up in case a juror falls ill or needs to be discharged.

Erin Patterson, 50, has maintained her innocence since the fatal lunch in July 2023(Image: 7NEWS)

Opening statements outlining the allegations against Patterson in full detail are expected to begin tomorrow. But today, Justice Beale spoke to the jury, reminding them of their role in the trial, talking them through the logistics and how they can apply evidence to come to a verdict.

“You must consider the evidence using your head, not your heart,” the judge told them. He also told the jury that most, if not all of them, would likely have been aware of the previous attempted murder charges related to Patterson’s husband, but told them that the Director of Public Prosecutions had dropped them.

“You may be aware from previous coverage that the accused was charged in relation to her ex-husband, those charges have been dropped, and you must put them out of your mind,” he said. He also urged them to “dispassionately” weigh the evidence in the case. The trial is expected to last six weeks.

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