Court of Appeal hears 'catastrophic' hotel mix-up and evidence disputes in Patterson murder appeal

Lawyers for Erin Patterson have lodged an appeal against her conviction for the 2023 murders of three relatives, arguing that a "catastrophic" hotel mix-up during the trial compromised the integrity of the verdict. The hearing took place at the Court of Appeal in Melbourne, with Patterson attending via video link from prison.

Patterson’s barrister Richard Edney told the court that jurors deliberating the verdict stayed at the same hotel as members of the prosecution team, a key police witness, and journalists. He argued this situation undermined the convictions and necessitated a retrial to ensure justice was seen to be done.

Victoria’s Director of Public Prosecutions (DPP), Brendan Kissane, acknowledged the error was regrettable but described it as accidental. He stated that evidence points to no communication between the jury and other parties, suggesting no fundamental irregularity occurred that would invalidate the trial’s outcome.

The appeal also involved disputes over the admissibility of mobile phone evidence linking Patterson to areas where death cap mushrooms had been reported on iNaturalist. Defence lawyer Veronika Drago challenged the prosecution’s theory as speculative, arguing that phone tower data only possibly showed location and did not prove Patterson accessed the posts.

Prosecutors defended the use of this evidence to establish opportunity and disputed the defence’s claims regarding prior Facebook messages. The DPP is also appealing the sentence, arguing that the 33-year non-parole period is manifestly inadequate for a murder conviction.

The three appeal judges have reserved their decision, meaning a ruling may take many weeks. Patterson, 51, is serving a life sentence for killing her in-laws Don and Gail Patterson, and Gail’s sister Heather Wilkinson, by serving them a beef Wellington laced with toxic mushrooms.