Key facts
- Prosecutors have asked Victoria's Court of Appeal to dismiss Erin Patterson's appeal against her triple murder conviction.
- Patterson was sentenced to life imprisonment with a 33-year non-parole period for three murders and one attempted murder.
- The prosecution argued the case against Patterson at trial was 'overwhelming' and convictions were 'inevitable.'
- The Director of Public Prosecutions is also appealing the sentence, seeking life without parole.
- Patterson's grounds for appeal included issues with jury sequestration, evidence admissibility, and trial fairness.
Prosecutors have urged Victoria's Court of Appeal to dismiss Erin Patterson's appeal against her triple murder conviction, asserting that the evidence presented at trial was 'overwhelming' and convictions were 'inevitable.' Patterson, 51, is seeking to overturn her convictions for the murders of her estranged husband's parents, Don and Gail Patterson, and his aunt, Heather Wilkinson, as well as the attempted murder of Heather's husband, Ian Wilkinson.
During a hearing before three judges of Victoria's Court of Appeal, Crown prosecutor Brendan Kissane argued that all seven grounds of Patterson's appeal lacked substance. He specifically addressed Patterson's claims regarding irregular jury sequestration, the inclusion of cell tower data and mushroom sighting evidence, the exclusion of foraged mushroom photos, and alleged unfairness in her cross-examination and the prosecutor's closing address.
Kissane countered criticisms of Patterson's cross-examination by Nanette Rogers SC, stating it was conducted fairly and that the trial judge, Justice Christopher Beale, intervened appropriately. He dismissed a ground of appeal concerning a miscarriage of justice due to the closing address as a 'Frankenstein' bundling unrelated matters. The prosecutor also asserted there was no evidence of an 'innocent' interest in foraging mushrooms by Patterson.
Meanwhile, the Director of Public Prosecutions is appealing Patterson's sentence, arguing it is 'manifestly inadequate' and seeking a resentencing to life imprisonment without parole. Patterson attended the Court of Appeal via video link from prison, while the sole survivor of the lunch, Ian Wilkinson, was present in court. The judges stated they will reserve their decisions, meaning it will likely be weeks or months before the outcome of both appeals is known.