Erin Patterson's defence barrister Colin Mandy SC.
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Accused killer Erin Patterson was genuinely unwell and not faking illness in the days following her preparation of a fatal beef Wellington lunch, her barrister has claimed.

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.

Rather, Patterson took her son on a lengthy drive the day after the meal and was initially hesitant to follow a doctor’s advice when she eventually 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)

Prosecutors have alleged that her phone was connected to the Outtrim base station during that time frame, which is consistent with Patterson traveling along 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.”

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