Almost a year after she was sentenced for killing three of her relatives with a toxic mushroom-laced beef Wellington, Erin Patterson is returning to court.
The 51-year-old, who is currently behind bars for at least 33 years in a maximum-security prison on the outskirts of Melbourne, is taking her case to Victoria's Court of Appeal in a bid to overturn her conviction.
Patterson won't be present at the two-day hearing, which begins today, but will instead appear over video link from prison. Her legal team argues she did not receive a fair trial.
She was found guilty on three counts of murder and one of attempted murder over the toxic lunch served at her home in Leongatha, Victoria, three years ago.
They've made this application on several grounds.
Firstly, her lawyers say there was evidence jurors should never have seen, including phone tracking data showing she'd travelled to places where death cap mushrooms were grown, as well as online messages complaining about her in-laws and estranged husband.
They argue this evidence wasn't relevant and a substantial miscarriage of justice.
On top of that, they've criticised Patterson's cross-examination, arguing that it was done in an unfair and oppressive manner.
Jury's hotel
But a major part of the appeal relates to the jury's deliberations.
When they began deliberating, they had to stay in supervised accommodation, with little to no contact with the outside world, until they reached a decision.
But because of all the interest during the final stages of the trial, accommodation was in short supply, meaning the jury ended up sharing a hotel with members of the prosecution, a key witness and journalists.
At the time, the judge said there was no evidence they had any interaction with anyone linked to the case – though in Patterson's appeal filing her lawyers said this "requires the quashing of the convictions and an order for a re-trial so that justice cannot only be done but be seen to be done".
The 50-year-old was convicted of killing three lunch guests with a poisoned beef Wellington in 2023. (Source: 1News)
To make matters even more complicated, the Department of Public Prosecutions is also appealing over the length of Patterson's sentence.
At the time of sentencing last September, Justice Beale said his decision to allow parole after 33 years was influenced by the "harsh prison conditions" she faced.
She'd also already spent 15 months in solitary confinement at the time of her sentencing.
Justice Beale said it was likely she'd continue to stay in an isolation ward for many years because of the attention around her case.
There won't be any immediate decisions following this hearing – in fact, a decision could take months.
If the three judges in the Court of Appeal choose to overturn her convictions, there could be a retrial or she may be acquitted.
On the other hand, if the prosecution's appeal is successful, Erin Patterson could see her parole period extended beyond the current 33 years.
Timeline: The trial
On July 29, 2023, Patterson served Beef Wellington at her Leongatha home. It was later found to contain toxic death cap mushrooms, among the most lethal in the world.
Three guests – Don and Gail Patterson, and Heather Wilkinson – died. The fourth, Ian Wilkinson, survived after weeks in hospital and a liver transplant.
Patterson was arrested in November 2023 and went on trial in April last year.
Over 11 weeks, jurors heard evidence that included forensic confirmation of death cap mushrooms, Patterson’s internet searches on toxic substances and false claims she had cancer.
In July last year, after six days of deliberation, the jury convicted her on three counts of murder and one count of attempted murder.
Two months later, she was sentenced to life imprisonment with a non-parole period of 33 years.
In November, her legal team filed a three-page document outlining the arguments they plan to make during this hearing in an effort to overturn her conviction.
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