Erin Patterson appeals mushroom murder convictions in Australia

Erin Patterson, convicted of murdering three relatives with death cap mushrooms at a July 2023 lunch, has launched an appeal against her convictions in Victoria's Court of Appeal.

Three judges began hearing the appeal on Wednesday, with arguments scheduled across two days. Patterson is challenging three counts of murder and one count of attempted murder stemming from a beef Wellington meal she prepared at her home in Leongatha, a rural town in Victoria.

Defense lawyer Richard Edney opened the appeal by citing a serious breach of jury sequestration. He told the court that jurors were housed in the same hotel as a police witness and members of the prosecution team during the trial.

Another defense lawyer, Veronika Drago, argued that evidence linking Patterson's phone to areas where death cap mushrooms had been reported was unfairly prejudicial. A telecommunications expert had testified that Patterson's phone connected to towers near the towns of Outtrim and Loch. Drago said the evidence only showed her phone had possibly been in the area, calling the inference "dangerous and unfair."

The defense also contended that prosecutor Nanette Rogers' five-day cross-examination of Patterson was "unfair and oppressive," and that trial judge Christopher Bale caused prejudice by admitting evidence from Patterson's Facebook friends.

Patterson was sentenced in September to life in prison with a non-parole period of 33 years. Prosecutors are separately appealing the sentence's leniency, seeking life without the possibility of parole.

The victims were Patterson's estranged husband's parents, Don and Gail Patterson, and Gail's sister, Heather Wilkinson. Heather's husband, Ian Wilkinson, survived after weeks in hospital. Simon Patterson, the estranged husband, was invited to the lunch but did not attend.

During her trial, Patterson maintained the poisoning was accidental. She did not appear in court on Wednesday, watching proceedings via video from prison.

If the appeal succeeds, the judges could overturn the convictions and order a retrial.