Breaches of sub judice and contempt were committed on Facebook during mushrooms trial
Throughout the mushrooms murder trial social media posters and commenters were often in breach of sub judice and in contempt of court, raising concerns for the courts.
Facebook and other social media sites have been used to publish prejudicial and suppressed material on the mushrooms murder case, highlighting the complexities of the online world and criminal trials.
The Australian has seen scores of posts and comments – particularly on Facebook – where contributors have flouted the law while commenting on the trial in which Erin Patterson was convicted of three murders.
The courts warned blogger Constance Hall about her Facebook posts during the trial, but many more people – particularly in true-crime groups – were commenting.
The legal process is still under way after Monday’s convictions, with an appeal likely and further procedural items to be signed off on before sentencing.
Hall, who has 1.3 million followers on Facebook, revealed last month that she had been told to take down a post she had made on the trial.
“I had to remove the post about the mushrooms trial because I received an email from the Vic government telling me to immediately delete it and that numerous comments on the post breached ‘the principles of sub judice contempt’,’’ she wrote.
“(Im (sic) not quite sure what that means but it sounded legit). Before I wrote it I made sure media was reporting on it and leaving comments on and they did, but it’s not exactly surprising that me and my Queens broke the rules without even knowing.’’
A number of mushrooms-specific social media sites emerged after news broke of Patterson’s fatal beef Wellington meal.
In some, there was little to no quality control or understanding of the laws of contempt.
Some sites are still commenting and reporting on suppressed material, with discussion group members openly commenting on her guilt or innocence before the verdicts were handed down.
The Australian is prevented, for legal reasons, from reporting on some of the posts.
Facebook was also used to publish defamatory comments aimed at Patterson’s estranged husband, Simon.
The Facebook site Mushroom Murder Meal 2023 commented frequently on the trial, including on Patterson.
One post from May reads: “I am genuinely really confused how such an avid true crime fan has made so many obvious mistakes.’’
The worst posts cannot be reported, but they show a remarkable ignorance of the law or an unwillingness to modify behaviour once charges were laid.
Professor Jeremy Gans of the University of Melbourne Law School said he had faith in the jury system to be able to function well despite the ubiquitous commentary that can appear on social media.
Professor Gans said jurors were instructed to ignore media and were not expected to go on Facebook. “We do trust them with a lot of things,’’ he said.
Issues that may arise were not confined to social media, Professor Gans added.
However, he said the caveat was that if crucial information that was deliberately being kept from the jury for legitimate reasons was then published, it raised a different question.
“You do have to worry if that’s being put around,’’ he said.
A court spokeswoman said it was concerning that some media outlets, commentators, and individuals on social media purported to cover the case without being there.
“At least one such outlet has been referred to the Office of Public Prosecutions for contempt as a result,’’ she said. “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 that every person who appears in court is afforded a fair trial.”
It comes as Sydney shock jocks Kyle Sandilands and Jackie O could face possible contempt charges for comments uttered during the murder trial.
The pair gave their own verdicts well before Patterson was convicted, discussing legally dangerous facts while the trial was still under way.
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