Key events
Court resumes with Erin Patterson on video link from prison
The appeal hearing has resumed.
Patterson has joined the court via video link from Melbourne’s Dame Phyllis Frost Centre – the state’s maximum security women’s prison.
She is wearing the same outfit as yesterday – a royal blue jumper, jeans and black reading glasses. Her long hair is pulled back in a ponytail.
Surviving lunch guest in court for day two
Ian Wilkinson, the sole surviving lunch guest, has returned to court for day two of Patterson’s appeal hearing.
Wilkinson is accompanied by his daughter, Ruth Dubois.
Prosecution argued yesterday phone tower evidence helped show Patterson had opportunity to source mushrooms
Just a reminder that, before the court adjourned yesterday, we heard from crown prosecutor Jeremy McWilliams, responding to Patterson’s second ground of appeal.
On this point, Patterson’s legal team argues that evidence about mobile phone towers and death cap mushroom sightings on the citizen science website iNaturalist should not have been heard at the trial because it was not relevant, or its value was outweighed by its unfair prejudice to Patterson.
But McWilliams argued that the evidence was part of a collection which “taken together” showed Patterson had the opportunity to deliberately source death cap mushrooms before the fatal lunch.
The phone tower evidence, given by expert witness Dr Matthew Sorell, was used by the prosecution to draw an inference that Patterson could have visited two locations reported where death cap mushrooms had been sighted and reported on iNaturalist.
Good morning
Welcome to day two of our live coverage of Erin Patterson’s appeal. We are expecting today’s hearing to begin at 10.15am.
Yesterday, the Victorian court of appeal heard the seven grounds of appeal Patterson’s legal team is arguing against her convictions for three murders and one attempted murder.
Today, we will also hear legal argument from Victoria’s director of public prosecutions, who is appealing against Patterson’s sentence, arguing it is “manifestly inadequate”.
Last September, Patterson was sentenced to life imprisonment, with a non-parole period of 33 years, for the murders of her estranged husband’s parents, Don and Gail Patterson, and his aunt, Heather Wilkinson. She was also convicted of the attempted murder of Heather’s husband, Ian Wilkinson, who survived the lunch after spending weeks in hospital.
The three court of appeal judges will consider whether Patterson’s convictions should be quashed, and if she should remain in prison for life without the possibility of parole, with a judgement to be handed down at a later date.
