{"id":573623,"date":"2026-08-19T09:28:09","date_gmt":"2026-08-19T09:28:09","guid":{"rendered":"https:\/\/www.newsbeep.com\/nz\/573623\/"},"modified":"2026-08-19T09:28:09","modified_gmt":"2026-08-19T09:28:09","slug":"jury-accommodation-called-catastrophic-for-mushroom-trial","status":"publish","type":"post","link":"https:\/\/www.newsbeep.com\/nz\/573623\/","title":{"rendered":"Jury accommodation called &#8216;catastrophic&#8217; for mushroom trial"},"content":{"rendered":"<p>Triple murderer Erin Patterson should be retried because of the &#8220;catastrophic&#8221; decision to sequester jurors in the same hotel as the lead detective, her lawyers have argued.<\/p>\n<p>Patterson, who was <a href=\"https:\/\/www.1news.co.nz\/2025\/07\/07\/erin-patterson-found-guilty-of-murder-in-deadly-mushroom-case\/\" target=\"_blank\" rel=\"nofollow noopener\">sentenced to life<\/a> behind bars after serving her lunch guests a death cap mushroom-laced meal, is fighting to quash her convictions in the Victorian Court of Appeal.<\/p>\n<p>She did not appear at court in person on Wednesday, instead watching the hearing on a video link from the Dame Phyllis Frost Centre.<\/p>\n<p>Dressed in a royal blue jumper, the 51-year-old murderer appeared to be reading over notes as the courtroom filled with the members of the public and journalists who had been queuing outside for close to an hour. <\/p>\n<p>Her surviving victim Ian Wilkinson and other members of the Wilkinson and Patterson families were also seated in the front row as lawyers began their arguments.<\/p>\n<p class=\"text-greyDarkFaded\">Erin Patterson&#8217;s new barrister attacks the integrity of his client&#8217;s trial because of the jury sequestration.\u00a0 (Source: 1News)<\/p>\n<p>Patterson&#8217;s new barrister Richard Edney started by attacking the integrity of his client&#8217;s trial because of the jury sequestration.<\/p>\n<p>Jury members remained together during their deliberations but ended up staying in the same hotel as the lead investigator and members of the prosecution team.<\/p>\n<p>Edney told the court that decision was &#8220;catastrophic&#8221; as it could have resulted in inappropriate communication or subconscious influence.<\/p>\n<p>When Justice Peter Kidd questioned whether there was any evidence of communication between jurors and the parties, Edney said there was not.<\/p>\n<p>But he maintained it was still a failure of process that had not been explained by the prosecution and should lead to a re-trial.<\/p>\n<p>&#8220;It does amount to a fundamental irregularity,&#8221; Edney said.<\/p>\n<p>Patterson&#8217;s legal team will argue further appeal grounds over the next two days, including that she suffered a substantial miscarriage of justice due to an &#8220;unfair and oppressive&#8221; cross-examination.<\/p>\n<p>Victoria&#8217;s top prosecutor will then launch into the Crown&#8217;s own appeal against Patterson&#8217;s sentence.<\/p>\n<p>Brendan Kissane KC is expected to argue her 33-year non-parole period was manifestly inadequate. <\/p>\n<p>A jury found Patterson deliberately served beef Wellingtons laced with death cap mushrooms to her former in-laws Don and Gail Patterson, 70, and Gail&#8217;s sister Heather Wilkinson, 66.<\/p>\n<p>The three guests died after the July 2023 lunch at Patterson&#8217;s Leongatha home, in regional Victoria, while Heather&#8217;s husband Ian fell seriously ill from the meal but survived.<\/p>\n<p>Patterson was also convicted of Ian Wilkinson&#8217;s attempted murder. <\/p>\n<p>The appeal hearing before Justices Stephen McLeish, Lesley Taylor and Peter Kidd continues.<\/p>\n","protected":false},"excerpt":{"rendered":"Triple murderer Erin Patterson should be retried because of the &#8220;catastrophic&#8221; decision to sequester jurors in the same&hellip;\n","protected":false},"author":2,"featured_media":573624,"comment_status":"","ping_status":"","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[3],"tags":[85,67,42,43,40,38,41,39],"class_list":["post-573623","post","type-post","status-publish","format-standard","has-post-thumbnail","category-headlines","tag-australia","tag-crime-and-justice","tag-headlines","tag-news","tag-top-news","tag-top-stories","tag-topnews","tag-topstories"],"_links":{"self":[{"href":"https:\/\/www.newsbeep.com\/nz\/wp-json\/wp\/v2\/posts\/573623","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.newsbeep.com\/nz\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.newsbeep.com\/nz\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/nz\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/nz\/wp-json\/wp\/v2\/comments?post=573623"}],"version-history":[{"count":0,"href":"https:\/\/www.newsbeep.com\/nz\/wp-json\/wp\/v2\/posts\/573623\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/nz\/wp-json\/wp\/v2\/media\/573624"}],"wp:attachment":[{"href":"https:\/\/www.newsbeep.com\/nz\/wp-json\/wp\/v2\/media?parent=573623"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.newsbeep.com\/nz\/wp-json\/wp\/v2\/categories?post=573623"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.newsbeep.com\/nz\/wp-json\/wp\/v2\/tags?post=573623"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}