Erin Patterson appeal LIVE: Mushroom killer attempts to appeal triple murder charges

Brendan Kissane, the director of public prosecutions, rejected the submission that there was a “fundamental irregularity” in Patterson’s trial as the jury briefly stayed in the same hotel as some prosecutors and police, which the defence argued “fatally undermined the integrity of the verdicts”.

Kissane said the evidence showed there was “no social contact between any juror and any other person”.

He said he believed trial judge Christopher Beale would have stopped the jury staying at the same hotel as some prosecutors and police in the Latrobe Valley had he known about it earlier. But he argued it was unintentional due to limited accommodation options and did not cause any fundamental irregularity as there was no evidence any prosecution figures spoke to jurors.

The prosecution also argued the iNaturalist material was part of a collection of evidence that taken together demonstrated that the applicant had opportunity to deliberately source death cap mushrooms at a time close to the lunch, and on the prosecution case, did so.

Erin Patterson’s defence team submitted seven reasons the mushroom murderer’s convictions should be overturned because:

1. The jury was potentially contaminated by staying in the same hotel as prosecutors and police.
2. Patterson was grilled unfairly by prosecutors during eight days in the witness box.
3. The prosecution told the jury it did not have to prove a motive for the murders but then spent substantial time implying she was angry at the Patterson family over a child support dispute.
4. Large tranches of evidence were wrongly shown to the jury, including cell tower links to two areas in rural Gippsland where deadly mushrooms grew.
5. Photos and videos found on Patterson’s devices that could have backed her claims of being a mushroom forager were not shown to the jury.
6. Evidence from Facebook “friends” and Facebook messages were not relevant, or their probative value was outweighed by unfair prejudice.
7. Prosecutors used family text messages to imply a motive for Patterson arranging the lethal lunch when there was no motive established.

As three Court of Appeal justices prepare to hand down their decision on Erin Patterson’s triple murder conviction, this ruling could see her set for a retrial or facing life behind bars without parole.

With her legal team pointing to seven grounds for appeal and prosecutors pushing for an increased sentence, today’s outcome will decide the next chapter in what is known across the country as the mushroom murders.

My name is Erin Pearson, and I have covered this case for more than two years. Today, I will be in court providing constant updates as they happen.

Follow along with us – the hearing is not expected to go on for too long.