Australian court hears appeal over mushroom poisoning convictions amid jury hotel controversy

Lawyers for Erin Patterson, convicted of serving a beef Wellington laced with death-cap mushrooms that killed three relatives in Victoria, told an appeal court that a "catastrophic" error occurred when jurors were housed in the same hotel as members of the prosecution team, a key police witness and journalists. Patterson, who is serving a life sentence, did not attend the hearing in person, watching via video link from prison.

Barrister Richard Edney said the situation "undermined the integrity of the verdicts and requires the quashing of the convictions" and called for a retrial to ensure justice is both done and seen to be done. Director of Public Prosecutions Brendan Kissane acknowledged the accommodation error but said there was no evidence of communication between jurors and others, and therefore no fundamental irregularity.

The defence also contested the prosecution's theory that Patterson deliberately foraged death-cap mushrooms after sightings reported on the citizen-science platform iNaturalist. They argued that mobile-phone tower data only "possibly" placed her near the sites and that there was no proof she accessed the online posts. Crown prosecutor Jeremy McWilliams maintained that the expert testimony helped the jury assess whether Patterson had the opportunity to obtain the mushrooms.

Additional issues raised included the admission of Facebook messages Patterson sent to her estranged husband and his parents before the lunch, which the defence claimed were irrelevant, and allegations of overly aggressive cross-examination by chief prosecutor Nanette Rogers. The appeal also coincides with a separate application by the Director of Public Prosecutions to increase Patterson's parole eligibility period, arguing that a 33-year term is insufficient given the circumstances of the case.