Erin Patterson, convicted of murdering three people with poisoned beef wellingtons, has initiated a bid to overturn her conviction and sentence. Appearing via video link from the Dame Phyllis Frost Centre, Patterson, 51, and her legal team presented arguments before the Supreme Court of Appeal on Wednesday.
Her defense team is contending that a fundamental irregularity occurred during the jury's sequestration, which they argue fatally undermined the integrity of the verdicts. Barrister Richard Edney argued that the jury's placement in a hotel alongside journalists, police, and prosecutors created an unfair environment, potentially compromising the trial's fairness. He described the sequestration as "catastrophic" and a failure to comply with legal dictates, though the court noted there was no evidence of direct contact between the jury and trial participants.
"This was a hotel with windows, with common areas and the reasonable possibility cannot be excluded that the jurors sighted the informant or sighted solicitors from the Office of Public Prosecutions," Edney submitted.
Justices Stephen McLeish, Lesley Taylor, and Peter Kidd are hearing the appeal. They questioned the defense's assertion, with Justice Peter Kidd pondering "If they did view or see the practitioners, so what?"
Another facet of the appeal challenges the prosecution's use of evidence, specifically concerning the website iNaturalist and mobile phone tower data. Barrister Veronique Drago argued that evidence related to death cap mushroom sightings in nearby towns, presented alongside phone tower data, caused unfair prejudice and should not have been admitted. She contended that the prosecution framed innocuous evidence to create an inference of guilt.
Patterson's defense is also expected to challenge Justice Christopher Beale's summary of her defense during the trial. They aim to highlight her testimony regarding accidental mushroom inclusion, her alleged lack of knowledge about the lethality of death caps, and her explanations for conduct deemed incriminating. The defense may also argue that Justice Beale selectively emphasized prosecution points without giving equal scrutiny to witness credibility, including hearsay evidence from the victims.
The defense faces challenges, including Patterson's admitted lies, which the appeal court may view in conjunction with phone data and factory resets. Criminal lawyer George Balot noted that if Patterson's appeal against conviction is successful and a retrial is ordered, previously excluded evidence could be admitted, and witnesses would not need to testify again. He also suggested that if a retrial is ordered, Patterson might be able to plead guilty and receive a lesser sentence than her current non-parole period.
Meanwhile, Victorian prosecutors have filed their own appeal, arguing that the life sentence with a 33-year non-parole period imposed by Justice Beale was "manifestly inadequate" given the severity of the crimes. They are seeking a sentence that would prevent Patterson from ever being released. Patterson was convicted of the murders of Don and Gail Patterson, and Gail's sister, Heather Wilkinson, who died after consuming death cap mushrooms at a lunch at Patterson's Leongatha home on July 29, 2023. Pastor Ian Wilkinson survived the meal but was critically ill, and Patterson was also convicted of his attempted murder. The appeal hearing is ongoing.