Australian Erin Patterson appeals 3 murder convictions in poison mushroom case

Convicted Australian triple-murderer Erin Patterson appealed her convictions Wednesday for poisoning four of her estranged husband’s relatives with death cap mushrooms.

Three judges of the Victoria state Court of Appeal are hearing her appeal over two days against her convictions on three counts of murder and one of attempted murder relating to a lunch of beef Wellington pastries she prepared at her rural home in Leongatha, in south-east Australia, in July 2023.

Last July, Patterson was found guilty of the murders after a nine-week trial that gripped Australia. 

Prosecutors, meanwhile are appealing her sentence, which they argue was too lenient. The 51-year-old was sentenced in September last year to life in prison, and she must serve at least 33 years behind bars before she can apply for release on parole.

Prosecutors will argue at the hearing Thursday that she should be sentenced to life without the possibility of parole, Prosecutor Brendan Kissane said.

Patterson’s defense attorney Richard Edney made the first ground for their appeal on Wednesday an error that resulted in jury members being sequestered in the same hotel as a police witness and members of the prosecution team.

“This was a very serious breach of sequestration,” Edney told the court, calling it “catastrophic.”

Kissane said there was no evidence to support that argument, telling the court “there was no actual contact between any juror and any other person.”

Another member of the defense legal team, Veronika Drago, said there was no evidence that Patterson had read online posts that reported death cap mushrooms had been seen near the towns of Loch and Outtrim.

The trial heard evidence from a telecommunications expert that Patterson’s phone connected to towers near Outtrim and Loch.

Drago said the evidence showed only that Patterson’s phone may have been in the area.

“That in and of itself, in our submission, illustrates just how dangerous and unfair that evidence was,” Drago said.

Prosecutor Jeremy McWilliams said the evidence showed Patterson had an opportunity to deliberately source death cap mushrooms shortly before preparing the lunch for her estranged husband’s family.

Death caps — or amanita phalloides — are the deadliest mushrooms in the world, causing some 90% of fungus-related fatalities, according to the AFP news agency.

It’s easy to mistake the brown-and-white mushrooms for others, and they’re said to have a pleasant taste when cooked.

“Oppressive” cross-examination

Another ground for the defense’s appeal was that Prosecutor Nanette Rogers’ cross-examination of Patterson over five days was “unfair and oppressive.”

The defense team also argued that trial judge Christopher Bale had caused “unfair prejudice” by allowing evidence from Patterson’s Facebook  contacts into the trial.

Patterson’s estranged husband, Simon Patterson, was invited to the fatal lunch but did not attend. His parents, Don and Gail Patterson, and Gail’s sister, Heather Wilkinson, died. Heather’s husband Ian Wilkinson spent weeks in a hospital, but survived.

Patterson argued during her trial that the poisoning was an accident.

Drago argued a miscarriage of justice occurred when the prosecution opened its case saying there was no evidence of a motive for the poisonings, then closed the case suggesting Patterson had animosity toward her husband’s parents and the broader Patterson family, as a motive.

Questioned by one of the three judges, Justice Lesley Taylor, Drago said she was not accusing prosecutors of deliberate professional misconduct.

“It is certainly not a direct allegation or suggestion of that, but what is clear in our submission from the reading of all of the material is that where things started and where it finished by the end of the prosecution case were different,” Drago said.

If Patterson’s appeal succeeds, the judges could overturn her convictions and order a retrial.

Patterson did not attend court on Wednesday and watched the hearing by video from prison.

In pretrial testimony that was only made public after her trial, Simon Patterson said he suspected his wife had deliberately made him seriously ill with food she prepared. No poisons were ever found.

Erin Patterson was initially charged with three counts of attempting to murder him three times between November 2021 and September 2022. She had denied all charges. Prosecutors dropped all charges relating to the husband before her trial began in April 2025.

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