Mushroom murderer trial undermined by 'catastrophic' hotel mix-up, court told

What the report says

Erin Patterson’s appeal against her murder convictions opened in the Victoria Court of Appeal in Melbourne, with her legal team arguing that serious problems at the 2023 trial may have undermined the verdict. Patterson is serving a life sentence after being found guilty of killing three relatives and attempting to kill a fourth by serving a beef Wellington containing death cap mushrooms at her home. The BBC reported that the defence is seeking to have the convictions quashed and wants a retrial.

A central issue raised by Patterson’s barrister, Richard Edney, was what he described as a “catastrophic” hotel mix-up: jurors deliberating on the case stayed in the same hotel as members of the prosecution team, a police witness and journalists. The defence said that arrangement damaged confidence in the trial, even if there was no proof of direct contact. Prosecutors responded that the situation was accidental and that the available evidence pointed to no communication between jurors and anyone else.

Patterson’s lawyers also challenged parts of the evidence heard at trial, including prosecution claims about how she may have obtained the mushrooms and mobile phone tower material used to suggest her movements. They argued some Facebook messages and the prosecution’s closing address were unfairly used. Separately, Victoria’s Director of Public Prosecutions is appealing the sentence, saying the 33-year parole period is too lenient. The appeal judges are expected to reserve their decision, with a ruling possibly weeks away.