Mushroom murderer Erin Patterson’s appeal begins

According to Erin Patterson, poisoning her in-laws was a terrible accident. She claims she never meant to kill her estranged husband’s relatives when she served up a beef Wellington lunch laced with death cap mushrooms.

The convicted murderer is currently serving a 33-year minimum sentence for killing Don and Gail Patterson and Heather Wilkinson, and attempting to kill Pastor Ian Wilkinson.

On Wednesday, her lawyers will argue her convictions should be quashed – and she should face a new trial.

Patterson’s legal team will be focusing on seven key points.

One argument will focus on where the jury was staying at the end of the trial in the Victorian town of Morwell. During deliberations the jurors were sequestered near the court. The hotel where they were staying also housed some of the prosecution team, police and media.

In appeal documents, Patterson’s lawyers claim this “fundamental irregularity ... fatally undermined the integrity of the verdicts”.

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The defence will also focus on the killer’s time in the witness box, claiming she was unfairly grilled by prosecutors.

In court documents they allege “a substantial miscarriage of justice has occurred because of unfair and oppressive cross-examination of the applicant”.

The defence will also mount arguments on what evidence was shown to the jury — and some evidence that was not allowed to be included in the trial.

As well as the appeal against Patterson’s conviction, prosecutors will be appealing the convicted murderer’s sentence.

The Director of Public Prosecutions will argue her prison sentence of life with a non-parole period of 33 years is “manifestly inadequate”. They will submit that Patterson should never be released from custody.

The sentencing judge resisted calls to jail Patterson for life with no prospect of parole, telling the court her case is so infamous she was likely to remain in restricted conditions behind bars.

Prosecutors say appealing the sentence is in the public interest.

The hearing is set to run over two days in Victoria’s Court of Appeal. Three justices will hear the arguments then retire to consider their rulings, which are likely to be handed down at a later date.

Listen to The Mushroom Trial: Say Grace podcast here.