Massive twist as mushroom chef Erin Patterson makes huge decision as she faces court accused of murdering her in-laws and trying to kill her husband

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Erin Patterson will go straight to a jury trial after deciding not to pursue her bid to hold a preliminary hearing in her local community. 

Patterson officially pleaded not guilty to murdering her in-laws and attempting to murder her estranged husband during a hearing before the LaTrobe Valley Magistrates' Court on Tuesday . 

The 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 

Ms 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. 

Her former in-laws, Don and Gail Patterson, and Gail’s sister, Heather Wilkinson, died from suspected mushroom poisoning after eating a beef wellington dish allegedly cooked by Patterson at her Leongatha home on July 29.

She faces three murder charges over their deaths and is also accused of five counts of attempted murder of her estranged husband Simon Patterson.  

Pastor Ian Wilkinson was the only one to survive the fatal lunch. 

Patterson, dressed in blue prison garb, appeared before Magistrate Tim Walsh via videolink from a conference room within Dame Phyllis Frost Centre. 

She will face the Supreme Court of Victoria on May 23. 

It had been anticipated Patterson would run a three-week preliminary hearing before her likely committal to the Supreme Court. 

It is understood her ex-husband was likely to have been among the witnesses called at that hearing. 

In another development, the court heard Patterson is accused of attempting to murder Mr Patterson at three separate locations. 

Don and Gail Patterson died after eating an allegedly poisoned meal at Erin Patterson's home 

In addition to his alleged attempted murder at the deadly lunch, which he pulled out of at the last minute, Patterson is accused of trying to kill her ex-husband at Howqua, 300km north of Leongatha, on May 27, 2022. 

She is also accused of trying to kill him on September 6 that same year in Wilsons Promontory, about 60km south of Leongatha, and a year earlier at Korumburra - his home town. 

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 Patterson's barrister Colin Mandy, SC then that 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.  

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. 

Pastor Ian Wilkinson (right) survived but his wife Gail (left) perished 

The Leongatha home where Erin Patterson is accused of murdering her estranged family members 

On Tuesday, Mr Walsh clarified why the court was unable to accommodate the preliminary hearing, blaming the unavailability due to specific dates set by Patterson's own barrister. 

'There is no criticism of anybody. Mr Mandy is a senior counsel, he's extremely capable... but they were the only dates he was available,' he said. 

'I just wanted to clarify that because I think it's important the community is aware that the court could of accommodated a date this year. 

'The court's not sitting here saying, "We can't hear a very significant matter until early or mid-next year". I just want to make that quite clear.' 

Mr Walsh had previously 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 then. 

'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 Patterson is content to wait.

'Which puts her in custody for 14 or 15 months... at the least,' Mr Walsh said. 

Crown prosecutor Sarah Lenthall had objected to the proposed delay. 

'Our position is the committal should proceed as soon as possible,' she said. 

Erin Patterson is accused of trying to murder her estranged husband Simon Patterson (pictured) 

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 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. 

Mr Walsh refused to commit to Patterson's request and said he would hand down his decision on Tuesday before the shock aboutface. 

Patterson will face the Supreme Court of Victoria on May 23.