Mushroom poison murder suspect makes special request from behind bars in second court appearance
22 April 2024, 13:40 | Updated: 22 April 2024, 13:45
A woman accused of serving her ex-husband's parents and an aunt poisonous mushrooms with lunch has made a special request in her second appearance in court in Australia.
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Erin Patterson, 49, appeared briefly in the Latrobe Valley Magistrates Court by video link from a Melbourne prison where she has been held since she was arrested in November last year.
She is accused of killing her former parents-in-law, Don and Gail Patterson, both 70, and Gail Patterson's sister, Heather Wilkinson, 66.
All three died in a hospital days after consuming a meal at Patterson's home in July last year.
She also is charged with the attempted murder of Ms Wilkinson's husband, Ian Wilkinson, 68, who spent seven weeks in a hospital following the lunch.
Patterson is being represented in court by barrister Colin Mandy, SC for what is expected to be a three-week committal hearing.
She faces an extended wait in custody after insisting her criminal proceedings continue to be held in Victoria.
Magistrate Tim Walsh said he would not be able to have the preliminary hearing this year due to the court being fully booked.
However, Mr Mandy said it had been a direct request from Patterson and that she was willing to wait longer behind bars at Dame Phyllis Frost Centre until she can get a court date.
Mr Mandy said: "She would like to have her committal hearing heard in your honour's court, in her local community, and she's content to wait until the court can accommodate her."
"Does she understand it's unlikely to be this year?" Mr Walsh said.
Mr Mandy responded: "We anticipated the court might be able to accommodate us at that period, in that window we flagged with your honour, but if it's the next year then Ms Patterson is content to wait.
"Which puts her in custody for 14 or 15 months... at the least."
Crown prosecutor Sarah Lenthall objected to the delay.
Mr Mandy argued that the hearing should be held in the community where the alleged crime happened and close to the accused person's home.
He said: "That's the proper venue for a proceeding... we anticipate a three week committal and most of the witnesses are from that area and those that aren't we've agreed can appear by videolink.
"It's not only a matter of principle and there are powerful reasons for the committal having to take place in Ms Patterson's local community."
Mr Walsh said he would announce on May 7 whether Patterson will face a committal hearing in the same court in Morwell or in Melbourne. Morwell is a rural town near her home about 90 miles east of Melbourne, Victoria's state capital.
Committal hearings determine whether prosecutors have sufficient evidence to put charges before a jury in a Victorian Supreme Court trial.
It was Patterson's second court appearance on the charges. She has yet to enter any pleas and has not applied to be released on bail.
Defence lawyers have provided prosecutors with a list of anticipated witnesses to be called at the committal.
Police say the symptoms of the four sickened family members were consistent with poisoning from wild Amanita phalloides, known as death cap mushrooms.
The maximum sentence in Victoria for murder is life imprisonment, and for attempted murder is 25 years in prison.
