Australian mushroom killer Erin Patterson’s new barrister said she intended to appeal her conviction for triple murder but would need more time to prepare.
Richard Edney confirmed his client’s intention to file an appeal during a hearing in the Supreme Court of Victoria on Thursday.
Patterson, 51, was sentenced to 33 years in prison without parole after being found guilty in July of murdering her former husband’s elderly parents and aunt by feeding them a lunch of beef Wellington pastries laced with death cap mushrooms.
She was found guilty of killing her parents-in-law Gail and Don Patterson, both 70, as well as Gail’s sister Heather Wilkinson, 66, and of attempting to murder Heather’s husband, Ian Wilkinson, 68, who survived the poisoned lunch after a few weeks in hospital.
She had also invited her estranged husband, Simon Patterson, to the lunch, but he cancelled at the last minute.
Patterson maintained her innocence during the trial earlier this year, insisting the poisoning of her relatives was an accident.
She attended Thursday's hearing via video link with a new legal team, which included Mr Edney, and high-profile barrister Julian McMahon SC.
“There will be an appeal against conviction,” Mr Edney said.
Patterson’s lawyers must lodge some appeal paperwork by Tuesday but, under a new rule being trialled, they will get an additional 28 days to finalise the leave application.
Justice Christopher Beale noted that the new procedural rule allowed the Court of Appeal to give a 28-day extension for applications without the applicant needing to explain why more time was required. “Given the length of this trial, the applicant wants to take advantage of that extension of time?” he then asked.
“Yes,” Mr Edney replied.
Patterson’s original 28-day window to lodge an appeal was set to expire at midnight on October 6 but that period doubled after the new rule came into effect.
The rule change follows concerns from lawyers about the challenges of completing the required documentation within the original timeframe.
Patterson’s murders devastated the close-knit rural community of Korumburra, where all the victims lived.
Media interest in the case had been traumatic for his family, Mr Patterson said at the sentencing hearing.
The case has already inspired several books, documentaries and a drama series, Toxic, set to air on state broadcaster ABC.
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