Erin Patterson has begun her appeal against her convictions over the Leongatha mushroom murders, as prosecutors separately push for her to be given no chance at parole.
Patterson, 51, was sentenced to life in September last year with a minimum term of 33 years after being found guilty of murdering her husband’s parents and aunt, and attempting to murder his uncle, with a poisoned lunch. She maintains her innocence.
Her two-day appeal opened in Melbourne’s Court of Appeal on Wednesday. If successful, the court could enter verdicts of acquittal or order a fresh trial. Patterson appeared by video link in a blue jumper and black-framed glasses before a packed courtroom of media, police, lawyers, members of the public and relatives of the victims, including Ian Wilkinson and Colin Patterson.
Barrister Richard Edney is leading Patterson’s case, while Victorian Director of Public Prosecutions Brendan Kissane KC is appearing for the Crown. The court was told Patterson’s appeal against conviction would be heard on Wednesday, with the Crown’s appeal against sentence to follow on Thursday afternoon.
Patterson’s lawyers say six “substantial” miscarriages of justice occurred at trial, along with one “fundamental irregularity” involving the jury. Mr Edney told the court jurors had been housed at the same hotel as the lead police investigator and members of the prosecution team during deliberations. He accepted there was no reported interaction, but said: “A reasonable bystander would hear these arrangements and find it hard to suggest nothing other than inappropriate and allow the potential for communication or even subconscious influence.”
Justice Peter Kidd noted that “every day” jurors in Melbourne’s legal precinct see lawyers, court staff and accused people. “I suppose my question is if they did view or see the practitioners, so what?” he said.
Another defence barrister, Veronika Drago, challenged evidence about death cap mushroom sightings at Outtrim and Loch posted on iNaturalist, as well as phone records said to show Patterson had the “opportunity” to visit those areas. “The evidence at its highest was possibly in the area … That in itself illustrates just how dangerous and unfair the evidence was at trial,” she said. “The prosecution sought to turn that nothing into something”.
The case centres on a lunch at Patterson’s Leongatha home on July 29, 2023, attended by Don and Gail Patterson and Ian and Heather Wilkinson. Simon Patterson pulled out days earlier, fearing she had tried to kill him with poisoned meals on four previous occasions. The guests were served a beef wellington containing death cap mushrooms. Don Patterson, Gail Patterson and Heather Wilkinson died in early August, while Ian Wilkinson recovered after more than a month in hospital.
The Crown is also arguing Patterson’s sentence was “manifestly inadequate” and that she should not be eligible for parole in November 2056. Sentencing her, Justice Christopher Beale said: “You showed no pity for your victims,” and added, “Only you know why you committed the murders, I will not be speculating about that matter.”
