By Alexander Darling and Gemma Grant
Victoria’s Supreme Court issued 16 directions to remove content from online, including to four individuals, as it battled to maintain rules around Erin Patterson’s murder trial.
A total of 252 journalists and outlets followed proceedings over the course of the mushroom cook’s trial, which the court said was the “biggest matter media-wise the court has managed in recent history”.
Media members gather outside court in Morwell on Monday, the day of the verdict.Credit: Jason South
However, with the intense scrutiny and widespread public interest came issues handling those not well versed in restrictions on reporting or commenting on cases that are before a jury in Australia.
As late as Tuesday night the court was on guard to deal with the release of highly sensitive information about the case that had been posted on a private online forum. The post has since been removed.
“It was concerning to see some media outlets, commentators, and individuals on social media purporting to cover the case and have ‘updates’ on the hearing, despite having no direct contact with the trial and no understanding of their legal responsibilities or the trial’s complexities,” the court said in a statement on Wednesday.
“At least one such outlet has been referred to the Office of Public Prosecutions for contempt as a result.
“The way this trial captured the public’s attention and was discussed and dissected in popular culture was particularly challenging and should serve as a reminder why the principle of sub judice exists – to ensure every person who appears in court is afforded a fair trial.”
Coverage of the case included representatives from 22 international media outlets from the UK, US and New Zealand, nine authors, teams from seven podcasts, seven documentary crews and one television drama series, a summary issued on Wednesday said.
“Given the significant volume of trial material published and broadcast, the court was overall pleased with the quality and diligence of media reporting during the trial,” a spokesperson said.
However, coverage of the 11-week trial was not without its concerns for the Supreme Court.
“Sixteen directions to remove content were sent – including four against individuals on social media,” the court said. “A small number of inaccuracies were corrected.”
Sydney-based shock jocks Kyle Sandilands and Jackie O were referred to the Office of Public Prosecutions for possible contempt proceedings.
They had discussed on air if Patterson was guilty and evidence from the prosecution about mobile phone tower records potentially placing Patterson in Loch and Outtrim in South Gippsland, two sites where death cap mushrooms had been spotted.
There is no maximum penalty for contempt in Victoria, but sanctions can range from fines to jail time.
Patterson was found guilty on Monday of three counts of murder over the deaths of Don and Gail Patterson and Heather Wilkinson, and one count of attempted murder relating to Ian Wilkinson. The four were poisoned with death cap mushrooms at a lunch in July 2023.
As the court prepares for the next stage of Erin Patterson’s case, her plea hearing and then sentence, the South Gippsland town of Korumburra remained a hive of media and public activity.
Businesses were enjoying school holiday trade from families in the area, but the Wilkinson and Patterson clans remained out of the public eye.
A white car was parked in the driveway of lunch survivor Ian Wilkinson, but the curtains were tightly drawn.
The home of Erin Patterson’s estranged husband, Simon, sat empty – hidden among the trees and along an unpaved road. Both houses have signs on the fence warning trespassers away and asking for privacy.
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