Court of Appeal to decide Erin Patterson's fate today

THERE’S a final chapter feel about today’s Court of Appeal decision in the Erin Patterson mushroom murder case.

And not just because there’s a tell-all book by estranged husband, Simon Patterson, ready to go to the printers, and a mini-series starring Melanie Lynskey as Erin Patterson set for the clapperboard.

But the fact is that there’s a range of options open to the panel of three judges who will hand down their decision today; Justice Leslie Taylor, Justice Stephen McLeish and Justice Peter Kidd.

They could simply dismiss Ms Patterson’s appeal against her convictions over the way the trial was run, and wave off the calls by the Director of Public Prosecutions for a harsher sentence.

The status quo would remain.

Erin Patterson would still be a triple murderer, having poisoned her husband’s parents, Don and Gail Patterson, both aged 70, by serving them a meal of beef wellington laced with death cap mushrooms, and the same with Gail’s sister Heather Wilkinson, who died of the injuries inflicted, aged 66.

The conviction for the attempted murder of the only other lunch guest at her Leongatha home on Saturday, July 29, 2023, Ian Wilkinson, then aged 69, would also stand.

She would not be eligible for release until 2056, aged 82, if she lives that long.

Or, after hearing the arguments on Ms Patterson’s behalf by lead counsel Richard Edney, over two days on Wednesday, August 19 and Thursday, August 20 this year, including that a fundamental irregularity occurred while the jury was sequestered at the Bridges On Argyle Hotel in Traralgon, they could quash the convictions and order a new trial.

And, like former Jetstar pilot Greg Lynn before her, Erin Patterson could make an application for bail. She might be home in time for Christmas.

On the other side of the justice coin, that will be tossed into the air in Court 1 (Banco Court) at 210 William Street, at 10am today, Erin Patterson might never be released if the judges agree with the submission by Victorian Director of Public Prosecutions Brendan Kissane KC who told the court in August that the setting a non-parole period of 33 years was manifestly inadequate in such heinous circumstances.

Justices McLeish, Taylor and Kidd have given their permission for a pool camera to film the appeal judgment handed down today. The ABC, who will be operating the camera, will distribute footage of the decision to the other media.

Whichever way it goes, status quo or sensation, the worldwide fascination with the Leongatha mushroom murders will continue.

As well as the challenges over what was allowed to happen at the Traralgon hotel, the judgment is likely to address a number of other matters raised in Ms Patterson’s appeal including the following:

• That the cell tower evidence conflated with evidence of death cap mushroom sightings in Loch and Outtrim, posted to the iNaturalist website should not have been used as evidence because its probative value was outweighed by its unfair prejudice.
• Other evidence disputed at appeal including a ruling in relation to photos of mushrooms found on an SD card at the applicant’s home and the evidence of Facebook friends, as well as claims about the unfair nature of the cross-examination of the accused at trial.
• That the prosecution misled the court about whether or not there was a motive in the case.

All will be revealed shortly after 10am today.