Erin Patterson appeal latest: Mushroom killer’s lawyers say ‘catastrophic’ hotel mistake led to mistrial

Defence says evidence ‘compromised’ Patterson’s right to silenceErin Patterson’s defence has argued that a trial judge’s decision to exclude evidence about her interest in mushrooms effectively forced her to testify about it.Defence barrister Veronika Drago told the appeal court that photos and videos found on an SD card at Patterson’s home showed she had previously foraged for mushrooms.The defence wanted to use the material to challenge the prosecution’s suggestion that Patterson’s claims about innocently picking mushrooms were untrue.But the trial judge ruled the evidence inadmissible.Drago argued this left Patterson having to testify that she had foraged for mushrooms before in order to explain her interest in them.She said this “compelled” Patterson to give evidence and compromised her “right to silence”.The defence also argued the ruling effectively shifted the burden of proof onto Patterson, rather than requiring the prosecution to prove its case. Maroosha Muzaffar19 August 2026 04:35Erin Patterson’s lawyer says jury’s sequestration arrangements were ‘catastrophic’Erin Patterson’s defence has argued that a decision to house jurors in the same hotel as police and prosecution figures during her murder trial was a serious failure that could have affected the verdict.Defence barrister Richard Edney described the jury’s sequestration arrangements as a “fundamental irregularity” and called what happened “catastrophic”.Patterson’s lawyers have acknowledged there is no evidence that jurors actually spoke to prosecutors or police at the hotel. But they argue that simply being around key figures from the prosecution could have created a risk of improper communication or subconscious influence.Patterson is appealing her convictions for murdering three relatives and attempting to murder another relative using poisonous death cap mushrooms. Maroosha Muzaffar19 August 2026 04:09