Deadly mushroom lunch twist as major problem with cook Erin Patterson’s statement to police comes to light

The statement given to police by the woman who cooked a deadly mushroom lunch that left three people dead may not be used as evidence if the case goes to court.

Homicide detectives obtained Erin Patterson’s statement outlining her version of events, but the document was never signed, according to Herald Sunmaking it inadmissible in any legal proceeding.

Heather Wilkinson, 66, her sister Gail Patterson and brother-in-law Don Patterson, both 70, died after eating beef Wellington at Ms Patterson’s home in Leongatha in Victoria’s south-east on July 29.

Mrs Wilkinson’s husband, Ian Wilkinson, 68, was the only person to survive the meal. He became seriously ill and spent almost two months in the hospital.

Ms Patterson’s lawyer gave her statement to Victoria Police and the media in August.

Erin Patterson (pictured) reportedly did not sign a statement about her version of events of a deadly mushroom lunch that left three dead

Neither Victoria Police nor Ms Patterson’s lawyers have confirmed whether the document has been signed.

“If they don’t put pen to paper, that’s not a statement. An unsigned statement is not evidence,” said a criminal lawyer who did not want to be named.

Defense barrister George Balot claimed the unsigned document meant Ms Patterson “has not sworn to the matters in it”.

“The statement is prima facie documentary hearsay, I imagine,” he told the publication.

He added that it was ‘highly unusual’ that Ms Patterson’s lawyer submitted the statement before she was interviewed or charged.

A police source said an unsigned statement could make its contents less relevant.

Daily Mail Australia is not suggesting that Ms Patterson is in any way responsible for any of the deaths or poisonings.

Heather Wilkinson (pictured left), 66, her sister Gail Patterson and brother-in-law Don Patterson, both 70, died after eating beef Wellington at Mrs Patterson’s Leongatha home. Mr Wilkinson (pictured right) was the only person to survive the meal

Ms Patterson claimed she bought the dried mushrooms used in her beef Wellington from Asian Grocers in Mount Waverley (pictured, a death cap mushroom).

Meanwhile, the sole survivor of a deadly mushroom lunch is believed to be co-operating with police after a powerful public display at his wife’s memorial.

Pastor Ian Wilkinson mourned his late wife on Wednesday in his first public appearance since falling ill himself.

The pastor of the Baptist church returned home on September 22, where he continues to receive help from caregivers at home.

After eight weeks in the hospital, Wilkinson looked thinner and paler than the photo that media organizations have published of him since news of the tragedy broke.

Uniformed police officers watched Mr Wilkinson as he stood and spoke to well-wishers for more than an hour after his wife’s memorial service.

Ian Wilkinson is seen arriving at his wife Heather’s memorial service on Wednesday

Undercover officers were also expected to be among the mourners awaiting an appearance by Erin Patterson, which did not materialize.

One by one, Mr Wilkinson hugged and shared stories with a line of friends, family and parishioners who meandered back to the Korumburra Indoor Recreation Center where the service had been held.

Wearing a black mask, Mr Wilkinson showed no fear of catching an illness as he continued to mingle with more than 300 people who attended his wife’s memorial.

Although his strength waned, Mr. Wilkinson returned to sit on his footstool, where he continued to converse with all who wished to speak to him.

Hours earlier, Mr Wilkinson had braved a media pack, walking straight through the front door of the recreation centre, past a throng of reporters and cameras.