Erin Patterson's defence barrister Colin Mandy SC.

According to her barrister, Erin Patterson, who is accused of a murder, was truly ill and not pretending to be sick in the days following the fatal beef Wellington meal she served.

Colin Mandy SC told the Victorian Supreme Court jury Patterson would have stayed at home and accepted medical treatment immediately if she was really pretending.

Instead of feigning illness, Patterson spent several hours driving with her son the day after the meal. Additionally, she hesitated to follow the doctor’s advice when she went to the hospital two days later.

Erin Patterson's defence barrister Colin Mandy SC.
Erin Patterson’s defence barrister Colin Mandy SC.(Anita Lester)

The prosecution claimed that during that period, Patterson’s phone was linked to the Outtrim base station, indicating she was driving on the Bass Highway.

Mandy urged the jury to reject that claim, saying the evidence showed Patterson’s phone connected to the Outtrim base station for less than three minutes.

He said that was consistent with Patterson remaining in her Leongatha home and her mobile connecting to a base station with a better connection.

Mandy also maintained Patterson did not conceal her actual mobile phone from detectives, saying the allegation she set up “dummy phone” was merely a prosecution theory.

He told the jury Patterson’s usual phone had been damaged and that was why she had a new phone at the time of the search warrant.

Mandy reminded the jury Patterson was not being judged for her actions and the lies she told after the meal.

“There are all sorts of reasons why an innocent person can engage in that conduct,” the barrister said.

“Erin got into the witness box and told you she did those things because she panicked when confronted by the terrible realisation that her actions had caused the illnesses of the people that she loved.”

LISTEN NOW: The Mushroom Trial Say Grace is the latest podcast from Nine and The Age. Join journalists Penelope Liersch and Erin Pearson as they take listeners inside the case that’s grabbed global headlines. You can listen on Apple here and Spotify here.
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