The Kyle and Jackie O Show has been referred for prosecution for contempt after comments made on air about the Erin Patterson case during her trial, including Kyle Sandilands saying, “Just lock that bitch up.”
Justice Christopher Beale also considered whether to take action for contempt against a “Psychology of Serial Killers” event and Mamamia podcasters.
The three matters were raised by Beale in June during Patterson’s triple murder trial without the jury present. She was found guilty of all charges on Monday. The Office of Public Prosecutions declined to comment.
On 16 June Beale told the Victorian supreme court in the absence of the jury: “This morning the presenters of the Kyle and Jackie O radio show commented on this case during a news segment on their show.
“I have read a transcript of that commentary. I encourage all commentators to engage their brains before they open their mouths, as they may otherwise land themselves and their organisations in hot water. I will be referring this morning’s matter to the Office of Public Prosecutions for contempt proceedings.
“Our media unit will continue to closely monitor all media in relation to commentary on this case, whether the commentary be shock jocks, so-called influencers, social media commentators or legacy media.”
ARN Media, the owner of the station Kiis FM that broadcasts The Kyle and Jackie O Show, declined to comment.
Guardian Australia reviewed a podcast of the show, which was available online on the afternoon Beale made his comments.
In the podcast, Sandilands says after a news item about the trial, which erroneously said the jury were expected to retire to consider their verdict that week, “Is this big lump still getting around, this big lump … miserable looking thing.
“Did she do it or what?”
His co-host, Jackie Henderson, asks soon after: “I mean, my question is: how strong is her case.”
“Not strong, not strong for her,” Sandilands responds.
The pair, and a newsreader, continue to discuss the case, including mobile phone tower evidence, and Sandilands incorrectly says, “Hasn’t she done something like this before, with the mushrooms.”
Sandilands goes on to say: “But the rest of us already know, yeah, you fuck … come on, bro. You can tell by looking at her, just lock that bitch up.”
Henderson can be heard laughing while Sandilands speaks about the case, before he says: “Takes too long. Court should be in and out, decided and moved on.”
Henderson then says: “Well, until it’s your turn one day, where you’re accused, right?”
“What am I going to get accused of?” Sandilands responds.
The section of the podcast in which the trial is discussed goes for about 90 seconds, and contains several bleeping sounds, as if words were being removed.
On 2 June Beale told the court that he had received an email from the defence about an event that had been held in Melbourne the previous Saturday. Beale did not mention the event but Guardian Australia understands it was The Psychology of Serial Killers, which was held at Hamer Hall.
It is unclear what was said that raised concerns but it is understood that comments about the Patterson case were made.
Beale said on 2 June that he would refer the event to the prothonotary for investigation for possible sub judice contempt.
The following day he said he wished to ask the jurors whether any of them had attended an event in Melbourne, without naming the event. “I don’t think ignorance is bliss in this situation and … it is better to know than not to know.”
None of the jurors had attended.
The event’s producer did not respond to a request for comment.
On 5 June Beale told the court he would consider proceedings for sub judice contempt against Mamamia “at a more convenient time” after he listened to a podcast which had been released the previous day but had since been removed.
“The discussion was full of highly prejudicial expressions of opinion,” he said. “I won’t repeat them here. After being directed to remove the podcast, it has been taken down.
“I remind media and podcasters that ignorance of the law is no excuse, and I remind them that the court’s media team will continue to monitor coverage of this trial to safeguard the trial’s integrity.”
Mamamia did not respond to a request for comment.
