The 7 reasons why Erin Patterson wants her murder convictions overturned
Mushroom murderer Erin Patterson wants a retrial, claiming there was a “fundamental irregularity” with the jury, along with six “substantial” miscarriages of justice.
Mushroom cook Erin Patterson wants a retrial, claiming that there were six “substantial” miscarriages of justice during her trial and a “fundamental irregularity” with the jury.
The Herald Sun reported in July that Patterson, 51, would appeal her murder convictions and now, almost four months on, her seven grounds of appeal have been revealed.
According to her notice of appeal, which was filed by her defence lawyer Bill Doogue on Monday and released on Wednesday, Patterson claimed that a “fundamental irregularity” occurred while the jury were sequestered for deliberations.
In July, the Supreme Court confirmed that the 12 jurors were placed in the same hotel as the lead investigator and two members of the prosecution team.
“This has fatally undermined the integrity of the verdicts and requires the quashing of the convictions and an order for a retrial so that justice cannot only be done but be seen to be done,” the notice reads.
Patterson also claimed that there were three “substantial” miscarriages of justice caused by the prosecution, including her “unfair and oppressive cross-examination” over five days and the closing address by Crown prosecutor Nanette Rogers SC.
“A substantial miscarriage of justice occurred because despite opening the case for the prosecution on the basis that there was no evidence of motive the prosecution in its closing address changed its case by implying that there was, in fact, a motive for murder,” the notice adds.
Patterson also took issue with several pieces of evidence that were either adduced by the prosecution or excluded from the prosecution case.
“The cell tower evidence and evidence of death cap mushroom sightings in Loch and Outtrim posted to iNaturalist should not have been adduced in the … trial as the evidence was not (i) relevant or (ii) the probative value of that evidence was outweighed by its unfair prejudice and the admission of that evidence occasioned a substantial miscarriage of justice,” the notice reads.
“The learned trial judge erred in ruling that photos and videos related to mushrooms and found on an SD card at (her) home was inadmissable during the prosecution case such that a substantial miscarriage of justice has occurred.
“The Facebook evidence … should not have been adduced in the … trial as the evidence was not (i) relevant or (ii) the probative value of that evidence was outweighed by its unfair prejudice and the admission of that evidence occasioned a substantial miscarriage of justice.”
On July 7, Patterson was found guilty of the murders of her estranged husband’s parents Don and Gail Patterson, Gail’s sister Heather Wilkinson and the attempted murder of Heather’s husband Ian Wilkinson.
The jury found she served them beef wellingtons she had deliberately laced with lethal death cap mushrooms at her Gibson St home in Leongatha on July 29, 2023.
On September 8, she was sentenced to life imprisonment with a non-parole period of 33 years.
With time served, she will be eligible for parole in 2056 as an 82-year-old.
Patterson, who has always maintained her innocence, had a 28-day window from sentencing to appeal her convictions, but she opted to take advantage of an automatic extension of this window by another 28 days.
Her new deadline was due to lapse at 11.59pm on Monday.
In time, the Court of Appeal will consider the seven grounds of appeal and determine whether it grants Patterson “leave” to appeal.
Without leave, the appeal is unable to proceed.
Last month, the prosecution launched its own appeal, calling for Patterson to be re-sentenced to life without parole.
If Patterson is successful, the Court of Appeal will quash her convictions and either order a retrial or acquit her.
On the other hand, if the prosecution is successful, Patterson will be re-sentenced to either life without parole or life with a non-parole period greater than 33 years.
If handed the former, she would become the second woman in Australian history to be sentenced to life without parole.
NSW woman Katherine Knight became the first in 2001 after she stabbed her partner John Price to death, skinned his body and cooked his head with the intention of feeding it to his children.
An appeal hearing is not expected to be heard until next year.
