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Appeal begins in Victoria
An Australian court in Melbourne will begin hearing the appeal of Erin Patterson on Wednesday, as she challenges her conviction for murdering three of her estranged husband’s relatives with a meal laced with deadly mushrooms.
“An Australian court will on Wednesday begin hearing the appeal of a woman convicted of murdering three of her estranged husband's relatives”
Reuters said Patterson, 51, was convicted last year of murdering Gail Patterson, Donald Patterson and Heather Wilkinson after she fed them Beef Wellington laced with toxic death cap mushrooms, and she was also found guilty of the attempted murder of Ian Wilkinson, who survived.
Reuters reported Patterson was sentenced to life in prison with a non-parole period of 33 years, and that the Victoria’s Court of Appeal will also hear a separate appeal from prosecutors seeking to remove the prospect of parole.
The BBC said Patterson’s lawyers argued a “catastrophic” blunder occurred when the jury stayed in the same hotel as some prosecutors and a key witness, and they said it “undermined” the integrity of the conviction.
Right to silence and motive
Patterson’s lawyers told the court that evidence about mushrooms and social media should not have been used, with The Guardian saying Drago argued the trial judge, Justice Christopher Beale, erred in ruling that photos and videos of mushrooms found on an SD card at Patterson’s home were inadmissible.
The Guardian reported Drago said the SD card was found in Patterson’s study and contained photos of mushrooms taken in 2020, and that Beale ruled the photos were inadmissible because they were too temporally remote from the circumstances of the case.
In the ABC’s live reporting, Veronika Drago argued the trial judge “forced” Patterson to give evidence on mushroom foraging, and she said the trial was "elevating the evidence into something it was not and was never capable of being".
The ABC also described a dispute over motive, with Drago arguing the prosecution changed its position during closing address by implying a motive, while Justice Taylor said the trial judge made it clear to the jury that there was absolutely no motive for the murders.
Sentence fight and jury integrity
Prosecutors are also appealing, with Reuters reporting the Victoria’s Court of Appeal will hear a separate appeal from prosecutors who say Patterson’s sentence is inadequate, while the BBC said the appeal includes prosecutors arguing the sentence is “manifestly inadequate” because it allows for the possibility of parole.
“Victoria's Court of Appeal in Melbourne will also hear a separate appeal from prosecutors, who say Patterson's sentence is inadequate”
The Straits Times said Patterson’s appeal is being heard by three judges at the Court of Appeal in Melbourne over two days, and it described her claims of “substantial miscarriage of justice” tied to evidence and jury irregularities.
The Straits Times reported Patterson’s legal team argued evidence accepted by the judge about Facebook messages, cell towers and posts of death cap mushroom sightings was not relevant or was unfairly prejudicial, and it also said a “fundamental irregularity” occurred while the jury was sequestered.
In the ABC’s live reporting, Justice Taylor pressed Drago on whether she was accusing prosecutors of mala fides, and Drago said she was not accusing the prosecutors of that, but instead described an inconsistency between what prosecutors intended and what happened during the trial.
