Erin Patterson, infamously known as ‘the mushroom killer,’ is set to make a courtroom comeback this week as she seeks to overturn her shocking murder convictions. These accusations stem from the deliberate poisoning of her three family members.
Last year, Patterson, aged 51, was sentenced to life imprisonment with a minimum of 33 years behind bars, after being found guilty of the murders of her estranged husband’s parents, Don and Gail Patterson, both 70, as well as Gail’s 66-year-old sister, Heather Wilkinson.
The grisly incident occurred in July 2023, at her home in Leongatha, Gippsland, Victoria, where she served a meal of beef Wellington secretly infused with deadly death cap mushrooms to her relatives.
Patterson was further charged with the attempted murder of Heather’s husband, Ian Wilkinson, who managed to survive despite becoming critically ill.
In her defense, Patterson insisted that the inclusion of toxic mushrooms was a tragic mistake, asserting that the deadly ingredient found its way into the dish accidentally. She acknowledged trying to conceal her error out of sheer panic.
The case garnered unprecedented public and media attention and was the subject of several books, television shows and podcasts.
Why is Erin Patterson returning to court?
Patterson will face a two-day hearing that starts on Wednesday at Victoria’s Court of Appeal in Melbourne’s CBD.
The hearing is an application for leave to appeal, which is a formal request to the court to hear the appeal.
The prosecution and defence will submit written and oral arguments, before a full panel of three judges will determine whether the case has merit for an appeal.
If Patterson is successful, the court could quash her convictions and order a retrial, or acquit her.
If the court rules against her, her convictions will stand, and she will serve out the remainder of her sentence.
In that instance, she could appeal to the High Court, which is Australia’s highest court and can overturn decisions made in lower courts.
The Director of Public Prosecutions is also appealing the length of the sentence, arguing Patterson — who will be 82 years old when she is eligible for parole in 2056 — should be locked up for life.
If they are successful, Patterson could be re-sentenced to life without parole or a non-parole period of greater than 33 years.
Patterson is not expected to attend the hearing in person, instead appearing via video link from prison.
What is Patterson appealing?
In documents lodged with the court last year, Patterson, who has always maintained her innocence, argued she suffered a “miscarriage of justice” during the 10-week trial, laying out seven grounds of appeal.
She claimed the prosecution’s five-day cross-examination of her was “unfair and oppressive”, while the prosecution’s closing address “caused a substantial miscarriage of justice”.
The prosecution “changed its case” by implying there was a motive for murder in the closing address, despite saying there was no motive for the killings in their opening statement, the documents state.
Patterson also criticised key prosecution evidence, including cell tower evidence and sightings of death cap mushrooms in Loch and Outtrim in Victoria, which was used at trial.
The final ground of appeal argued there was a “fundamental irregularity” when the jury was sequestered for deliberations.
The Victorian Supreme Court previously confirmed the 12-person jury was unwittingly staying at the same hotel as the lead detective and two members of the prosecution.