Erin Patterson set to learn appeal outcome over fatal death cap mushroom beef wellington lunch
Twin appeals will shortly be decided in the blockbuster case of convicted mushroom poisoner Erin Patterson.
Jailed mushroom cook Erin Patterson is set to learn the outcome of twin appeals after she was convicted of murdering three in-laws with a deadly beef wellington lunch.
The mother of two will return before the Victorian Court of Appeal on Friday morning, more than two months after her lengthy appeal played out before a panel of three judges.
Patterson, who was jailed for a minimum of 33 years last September, has pushed for her convictions to be overturned, while Victoria’s top prosecutor has argued her sentence was too lenient and she should die in prison.
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The 51-year-old was found guilty of murdering her estranged husband Simon Patterson’s parents and aunt, and the attempted murder of his uncle, after poisonous death cap mushrooms were served at a lunch at her Leongatha home southeast of Melbourne on July 28, 2023.
Don Patterson, Gail Patterson and Heather Wilkinson died following the lunch, while Ian Wilkinson survived after spending more than two months in hospital.
Patterson maintains she is innocent and the poisoning was a tragic accident; however, following a lengthy trial, a jury unanimously disagreed, finding beyond reasonable doubt she intentionally included the deadly fungi.
At the appeal hearing in August, Patterson’s lawyers argued she suffered a substantial miscarriage of justice and the convictions should be quashed and a fresh trial held.
They argued some pieces of evidence should not have made it into the trial, that she was “forced” to give evidence and that the prosecution’s questioning of Patterson was unfair and oppressive.
Her lawyers also argued a trial mishap, where jurors were unknowingly sequestered in the same hotel as members of the prosecution team, “fatally undermined the integrity of the verdicts”.
In response, prosecutors submitted the case against Patterson was “overwhelming” and the court should conclude convictions were inevitable.
If Patterson’s appeal is upheld, the three judges could order a new trial be held or grant her a complete acquittal.
But if she loses, the court will then consider the Director of Public Prosecution’s appeal against the 33-year non-parole period imposed by Justice Christopher Beale.
The judges could dismiss the appeal, leaving Patterson’s sentence unchanged, or impose a new sentence.
If she is unsuccessful in her appeal, Patterson could elect to take her fight to the High Court.
Originally published as Erin Patterson set to learn appeal outcome over deadly mushroom beef wellington lunch
