Erin Patterson will go straight to a jury trial after abandoning her attempts to hold a preliminary hearing in her local community.
Patterson officially pleaded not guilty to murdering her in-laws and estranged husband during a hearing before the LaTrobe Valley Magistrates’ Court on Tuesday.
The shock plea means Patterson will now go directly before the Supreme Court of Victoria where a jury will decide her fate.
Erin Patterson was dressed in a blue jumper during her court appearance via video link on Tuesday
Patterson had wanted to run her preliminary hearing close to her local community
Patterson, 48, showed no emotion as she answered ‘not guilty your honour’ eight times.
She appeared before Magistrate Tim Walsh via videolink from a conference room within Dame Phyllis Frost Centre.
Dressed in blue prison garb, Patterson appeared relaxed before entering her plea, chatting to a prison staffer about the number of reporters also on the videolink.
It had been anticipated Patterson would run a three-week preliminary hearing before her likely committal to the Supreme Court.
Preliminary hearings are often run by accused killers in an effort to allow their legal teams to test evidence it is put before a jury.
It is understood her ex-husband Simon Patterson was likely to have been among the witnesses called at that hearing.
Last month, the court heard Patterson had been determined to run a preliminary hearing at the Morwell Magistrates’ Court despite it being unable to be accommodated until next year.
Magistrate Walsh told Mr Mandy then he could not accommodate the preliminary hearing this year as the court was fully booked out.
‘I’m not content to wait Mr Mandy because I don’t think it’s fair on your client,’ he told him.
Don and Gail Patterson died after eating an allegedly poisoned meal at Erin Patterson’s home
Mr Mandy insisted those were Patterson’s own instructions and he was determined to see them come to fruition no matter the delay.
‘She would like to have her committal hearing heard in your honour’s court, in her local community, and she’s content to wait until the court can accommodate her,’ he said.
It remains unknown what inspired Patterson to change her mind and go direct to the Supreme Court.
Mr Walsh had warned Patterson she faced a lengthy time behind bars at Dame Phyllis Frost Centre waiting for a court date.
‘Does she understand it’s unlikely to be this year?’ he asked.
‘Yes your honour,’ came the response.
‘We anticipated the court might be able to accommodate us at that period, in that window we flagged with your honour, but if it’s the next year then Ms Patterson is content to wait.
‘Which puts her in custody for 14 or 15 months… at the least,’ Mr Walsh said.
Pastor Ian Wilkinson (right) survived the meal but his wife Gail (left) perished
The Leongatha home where Erin Patterson is accused of murdering her estranged family members
Crown prosecutor Sarah Lenthall objected to the proposed delay.
‘Our position is the committal should proceed as soon as possible,’ she said.
The court heard the matter could be held in Melbourne without delay or go directly to the Supreme Court of Victoria.
Mr Mandy said the proceeding ought be held in the community where the alleged crime happened and close to the accused person’s home.
‘That’s the proper venue for a proceeding… we anticipate a three week committal and most of the witnesses are from that area and those that aren’t we’ve agreed can appear by (videolink),’ he said.
‘It’s not only a matter of principle and there are powerful reasons for the committal having to take place in Ms Patterson’s local community.’
Mr Walsh told Patterson the actual court was in Morwell – some 60km from Leongatha where the alleged murders took place.
‘That’s close to Patterson’s home in the context of regional Victoria,’ Mr Mandy said.
Erin Patterson is accused of trying to murder her estranged husband Simon Patterson (pictured)
Mr Walsh refused to commit to Patterson’s request and said he would hand down his decision on Tuesday before the shock aboutface.
Patterson’s former in-laws, Don and Gail Patterson, and Gail’s sister, Heather Wilkinson, died from suspected mushroom poisoning after eating a beef wellington dish cooked by Patterson at her Leongatha home on July 29.
She is further charged with five counts of attempted murder of her estranged husband Simon Patterson.
Pastor Ian Wilkinson was the only one to survive the deadly lunch.