Accused mushroom killer asks for case to be heard in Latrobe Valley Magistrates’ Court

Accused triple murderer Erin Patterson has asked for her case be heard at the Latrobe Valley Magistrates’ Court, as her first court appearance in five months was delayed after her legal team failed to appear due to video link mix up.

Accused mushroom murderer Erin Patterson may have her criminal case delayed due to her wish for it to be heard in a Gippsland court.

Ms Patterson, 49, appeared in Latrobe Valley Magistrates’ Court via a video link from the Murray protective unit at Dame Phyllis Frost Centre on Monday.

Wearing reading glasses and a blue prison jumper over a white shirt with her hair pulled back, the mother of two appeared to look down at her hands and then back to the court screen during her first court appearance in five months.

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Magistrate Tim Walsh said her charges of murder and attempted murder were unlikely to get a listing in the Latrobe Valley Magistrates’ Court before the end of the year, in what’s anticipated to be a three-week committal hearing testing the evidence against her.

Mr Walsh said he’d seen the brief of evidence, which he described as “quite voluminous”, and said the case “can’t be accommodated here” in the period called for by Ms Patterson’s lawyers.

“That leaves two options, move the matter to Melbourne where they can accommodate it during that period or fast track it to Supreme,” he said.

Erin Patterson has fronted court for the first time in five months as she fights to have her case heard locally.

Ms Patterson’s barrister, Colin Mandy SC, told the court her defence “hadn’t considered” a fast tracked case, where they would skip testing the evidence in a lower court before she’s sent up for trial in the Supreme Court.

The lawyer said “we are content to wait until Your Honour’s court can accommodate it,” to which Mr Walsh replied, “I’m not content to wait, Mr Mandy, because I don’t think that’s fair on your client.”

“Does she understand it’s unlikely to be this year?” Mr Walsh asked.

“That puts her in custody 14 or 15 months at the least.”

Colin Mandy SC has been appointed as Ms Patterson’s new barrister.

But Mr Mandy called for the case to be held in the community where the alleged offence had been committed, and close to the accused’s home where the majority of witnesses also live.

“There are powerful reasons for the committal having to take place in Ms Patterson’s local community,” Mr Mandy said.

Mr Walsh replied: “It won’t be in her local community, it will be in Morwell”.

It’s expected most of the witnesses to be called at the committal hearing would be from the local area, with others from further afield given permission to appear via video link.

Mr Walsh adjourned the case for two weeks, where he expected official forms to be filed relating to witnesses expected to be called in the committal hearing.

His Honour said he would further consider whether the committal hearing should be sent to Melbourne for an earlier date.

“I understand your client seems to be content but the delay seems to be getting a bit out there,” he said.

Erin Patterson fronted court via video-link from the Murray protection unit at the Dame Phyllis Frost Centre. Picture: Andrew Henshaw

Ms Patterson was remanded in custody, to appear via video link in the Latrobe Valley Magistrates’ Court on May 7.

Earlier, Ms Patterson’s hearing had been delayed for about 20 minutes as her lawyers failed to appear due to a mix up with the court’s video link.

Magistrate Tim Walsh asked the accused triple murderer if he could see and hear her.

“Yes I can, thank you Your Honour,” Patterson replied.

Calling for her lawyer to appear — either Bill Doogue or Colin Mandy SC — no-one made their appearance known.

“It was my understanding that Mr Mandy would be here,” Ms Patterson told the court.

Ms Patterson, 49, has been charged with three counts of murder and five counts of attempted murder in November after the deaths of three former relatives.

Ms Patterson has been charged with three counts of murder and five counts of attempted murder. Picture: Jason Edwards

Don and Gail Patterson and Gail’s sister, Heather Wilkinson, died after eating a beef Wellington dish allegedly laced with death cap mushrooms.

It’s alleged Ms Patterson cooked and served the meal at her Leongatha home on July 29.

Ian Wilkinson survived the lunch but spent weeks fighting for his life in hospital.

Ms Patterson first faced court on November 3 – a day after she was arrested and charged.

At the hearing, the prosecution sought a 20-week adjournment so it could analyse electronic devices that had been seized at her home.

Magistrate Tim Walsh granted the lengthy period with the brief of evidence to be served by March 25.