Victoria's highest court has begun hearing Erin Patterson's appeal against her convictions for murdering three relatives with poisoned mushrooms. The hearing started at 10:15 am and is expected to last two days.
Patterson appeared via video link from Melbourne's Dame Phyllis Frost Centre, a maximum-security women's prison. She was wearing a blue jumper and reading glasses. The three judges presiding are Justices Stephen McLeish, Lesley Taylor, and Peter Kidd.
Patterson's barrister, Richard Edney, raised a 'fundamental irregularity' regarding the sequestering of the jury in the same hotel as police and media representatives. He argued that this allowed for the 'potential for communication or even subconscious influence' on the jury, describing the incident as 'catastrophic'. However, a court-appointed jury keeper stated there was no interaction between the jury and the parties.
The sole surviving lunch guest, Ian Wilkinson, attended the hearing. He had previously forgiven Patterson for attempting to murder him but sought justice for the deaths of his wife Heather, and Don and Gail Patterson. He said, 'I make an offer of forgiveness to Erin. In regards to the murders of Heather and Gail and Don, I am compelled to seek justice.'
The Director of Public Prosecutions is also appealing Patterson's sentence, arguing it is 'manifestly inadequate'. Patterson was sentenced to life imprisonment with a non-parole period of 33 years. The DPP argues that the trial judge erred in considering her likely solitary confinement when setting the parole period.
Patterson is appealing on seven grounds, including the jury sequestering issue, unfair cross-examination, and the admissibility of mobile tower data and evidence of death cap mushroom sightings near her home. She is also challenging the relevance of Facebook messages from a true-crime group.
The hearing is set to continue for a second day.