Five key takeaways from triple murderer Erin Patterson's appeal

In short: Triple murderer Erin Patterson appealed her convictions this week in the Victorian Court of Appeal. Prosecutors also lodged their own appeal, seeking to make her jail term harsher by removing her chance of parole. It could take weeks or months for the judges to rule on the appeals. Triple murderer Erin Patterson made a bid this week in the Court of Appeal to have her convictions overturned. It could take weeks or months for the judges to make a ruling. Patterson was convicted last year of three counts of murder and one count of attempted murder after a deadly beef Wellington lunch laced with death cap mushrooms she served her relatives in 2023. A Victorian Supreme Court jury found her guilty of murdering in-laws Don and Gail Patterson, along with Gail's sister, Heather Wilkinson. Mrs Wilkinson's husband, Ian Wilkinson, was gravely ill following the lunch, but survived. Patterson was handed three life sentences with a non-parole period of 33 years, meaning she could be let out of jail in the year 2056 at the age of 82. Her lawyers argued this week her convictions should be overturned because of problems during her trial that amount to a miscarriage of justice. The Leongatha mother has always pleaded innocence and claimed she did not know the mushrooms in the beef Wellington were poisonous. Here are some key takeaways from what happened this week: 1. Jury accommodation The jury in the murder trial was placed in the same hotel in Morwell as the police informant and some solicitors from the Office of Public Prosecutions for several days during deliberations over the verdicts. The defence argued this was a "catastrophic" error as it could have led to direct or indirect contact between a jury member and a party to the trial. Patterson's barrister, Richard Edney, said the defence team had no idea exactly what happened in the hotel during the days of accommodation overlap and that prosecutors should have submitted material about it. The Office of Public Prosecutions (OPP) dismissed the defence's argument as "far-fetched" and without substance. OPP lawyer Brendan Kissane KC said a letter from the judge's associate and a letter from the prosecution at the time indicated there was no contact between the jury and any parties staying at the same hotel. 2. The SD card of photos One of the key grounds that Patterson's lawyers argued should lead to her murder conviction being overturned centres on an SD card found in her home during a police search. An examination of the SD card by authorities found several photos, dated to April and May 2020, showing various photos of mushrooms and shots of Patterson's children. The question both prosecutors and Patterson's lawyers argued was: Should these photos have been included as trial evidence? Justice Christopher Beale, who oversaw the murder trial last year, changed his mind on the issue by initially ruling the photos out, before bringing them in as evidence a few days later. 3. Life in jail The court heard this week that Patterson has remained in protective custody, as she was at the time of her sentencing. Mr Kissane said Patterson had access to a library, recreation centre, exercise yard and treadmill in prison. She also has regular video calls with her children and engages in hobbies such as crocheting. As Mr Kissane listed these things, ABC reporters in the courtroom said Patterson could be seen on the video link from Dame Phyllis Frost women's prison closing her eyes and shaking her head. Mr Kissane also said Patterson had access to a chaplain and counselling services. Patterson's lawyers raised concerns about her being kept in solitary confinement, which the prosecution disputed. Defence barrister Mr Edney said his client's custody arrangement was in line with the United Nations definition of solitary confinement of 22 hours a day alone without contact. 4. Prosecution's appeal for a harsher sentence Yesterday, the prosecution lodged an appeal for Patterson to serve life in jail with no parole. Mr Kissane argued even if she was entitled to the possibility of parole, the current 33 years was not enough. He said the sentencing judge found the three murders and one attempted murder involved cruelty, betrayal and significant planning. He also said Patterson had time to intervene after her victims had eaten the deadly meal and showed no pity. 5. Ian Wilkinson attended The sole survivor of the deadly lunch, Ian Wilkinson, travelled from his Gippsland home to Melbourne this week to watch the appeal hearings. He sat in the front row of the public gallery and was supported by family. The Baptist pastor also attended each day of the 11-week trial in Morwell last year. He spent nearly two months at the Austin Hospital in Melbourne back in 2023 following the beef Wellington that Patterson served him. Patterson's estranged husband Simon did not attend the hearings this week.