Regarded one of Australia’s most notorious murderers, Erin Patterson is preparing to fight her three murder convictions and one attempted murder sentence that landed her in prison for life.
On November 3, her team of legal eagles formally lodged documents to appeal her convictions, raising several issues they say amounted to a “miscarriage of justice”
“A fundamental irregularity occurred while the jury were sequestered that has fatally undermined the integrity of the verdicts and requires the quashing of convictions and an order for a re-trial so that justice cannot only be done but be seen to be done,” the document states.
In July, Victoria’s Juries Commissioner launched an investigation into how the jury on Patterson’s case were sequestered in the same hotel as seven journalists, two prosecutors and three detectives for six days before the trial judge, Christopher Beale, was informed.
There is no suggestion that any of the police officers, prosecutors or members of the press behaved inappropriately or attempted to influence the jury.
Patterson, 51, was sentenced to life with a non-parole period of 33 years in July for killing her in-laws Don and Gail Patterson, as well as Heather Wilkinson, with a death cap mushroom-laced beef Wellington in August 2023.
GROUNDS FOR APPEAL
Another issue Patterson’s legal team raised is the inclusion of cell tower evidence, evidence of death cap mushroom sightings from the website iNaturalist, and “Facebook evidence” in the trial.
Her lawyers say this evidence should not have been adduced as it was not relevant or its value as evidence was outweighed by unfair prejudice against Patterson.
They also claim a “substantial miscarriage of justice” occurred when an SD card of photos and videos that could back Patterson’s claims of a history of foraging for mushrooms was ruled as inadmissible by Beale.
Her legal team also believe the prosecution “changed its case” by implying Patterson had a motive for the murders in their closing address despite saying there was no evidence of motive while opening the case.
Lastly, they claim Patterson’s five day cross-examination during the trial was “unfair and oppressive”.
But, Patterson’s appeal isn’t the only one on her sentence, as the prosecution launched their own appeal last month.
“The sentencing judge erred in finding that there was a ‘substantiative chance’ the respondent would be held in solitary confinement for years to come when such a finding was not open on the evidence, and that finding infected his assessment of the respondent’s likely future conditions in custody and his decision to fix a non-parole period,” the acting director of Public Prosecutions, Diana Piekusis wrote in the notice of appeal filed last month.
“The sentence imposed on the offender is manifestly inadequate, in that a) it was inappropriate for the sentencing judge to fix a non-parole period; or b) the non-parole period of 33 years is manifestly inadequate.”
WHAT COULD THE APPEALS LEAD TO?
It is expected the prosecution and defence’s appeals will be heard together in court next year.
If the prosecution can convince the appeal court Patterson’s sentence was inadequate, she could be resentenced to life without parole, or have her non-parole period extended beyond 33 years.
On the other side of the courtroom, if the defence are successful, the court could quash Patterson’s convictions, order a new trial, or acquit her – meaning she could walk free.
Currently, the convicted mushroom murderer is being held in a tiny cell nicknamed “the slot” within the Gordon Unit at Dame Phyllis Frost Centre.
She reportedly spends 22 to 24 hours a day in her cell, with only some books, a computer, crocheting equipment, and a hair straightener to keep her company.
While deciding Patterson’s fate, Justice Christopher Beale decided to set a non-parole period over the “substantial chance” Patterson would be held indefinitely in solitary confinement due to her notoriety.
“The harsh prison conditions that you have experienced already and the likely prospect of solitary confinement for the foreseeable future are important and weighty,” Beale said at her sentence hearing.
“In my view, the only scope for making them count is by fixing a non-parole period.”
