Erin Patterson Appeal Court Keeps Secret Evidence Suppressed
Victoria's Court of Appeal has refused to let the public see a piece of secret evidence in the Erin Patterson mushroom murder case. The judges
Victoria's Court of Appeal has refused to let the public see a piece of secret evidence in the Erin Patterson mushroom murder case. The judges said releasing it now could damage her chances of a fair retrial.
Media outlets had asked the court to lift the suppression order. The judges dismissed that request.
Patterson was convicted of murdering three relatives of her estranged husband with a beef Wellington laced with death cap mushrooms, served at a lunch at her home in July 2023. Last month, the same court threw out her appeal against those convictions.
Why the evidence stays hidden
The three judges also changed her sentence. She now faces life in prison with no chance of parole, replacing the 33-year non-parole period set by the trial judge, Justice Christopher Beale. Under that earlier term she could have been released in 2056, at about age 82.
Patterson has one avenue left: a bid for special leave to appeal to the High Court of Australia. If that succeeded and a retrial were ordered, a new jury would have to be chosen.
That possibility drove the latest ruling. In a partly redacted judgment published online, the court warned of "unfair prejudice" to Patterson if potential jurors learned of the material. It said the evidence would draw "massive publicity."
The judges said publication would leave an "indelible impression" on jurors' minds. The case has drawn global attention, which adds to that concern.
The convictions and the sentence
After an 11-week trial, a jury convicted Patterson of murdering Don and Gail Patterson, the parents of her estranged husband, and his aunt Heather Wilkinson. She was also convicted of attempted murder. She denied the offenses and argued the poisoning was accidental.
The Court of Appeal judges, Stephen McLeish, Lesley Taylor and Peter Kidd, announced their earlier decision in a 15-minute hearing. Patterson, 52, watched by video link from the Dame Phyllis Frost Centre, where she is held, and showed no visible emotion. The court upheld the prosecution's appeal against the sentence and rejected hers.
What happens next
The suppression order is not permanent. It will lift automatically if Patterson does not apply for special leave to appeal to the High Court by November 27.
If she does apply, the evidence stays sealed while the application is considered.
