Lawyers for Erin Patterson have argued that her triple murder convictions should be overturned, citing a “catastrophic” failure of the justice system. The appeal, heard by three judges of Victoria’s highest court on Wednesday, centres on the claim that jurors were allowed to stay in the same hotel as police and the prosecution during their deliberations.
Richard Edney, representing Patterson, told the court of appeal that the failure to properly sequester the jury was a fundamental irregularity that denied his client a fair trial. He described the situation as an “inexplicable and perhaps still unexplained failure of a process,” which undermined the principle of justice needing to be seen to be done.
Patterson, 51, was sentenced to life imprisonment with a non-parole period of 33 years in September for the murders of Don and Gail Patterson and Heather Wilkinson, and the attempted murder of Ian Wilkinson. The Director of Public Prosecutions is also appealing her sentence, arguing it is “manifestly inadequate.”
Further grounds of Patterson’s appeal include challenges to the admissibility of cell tower evidence and death cap mushroom sightings, the trial judge’s ruling on photos and videos related to mushroom foraging, and allegations of “unfair and oppressive” cross-examination during her trial. Her lawyers also argue that the prosecutor’s closing address caused a substantial miscarriage of justice by misstating evidence on 36 occasions.