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AAP
AAP
National
Tara Cosoleto

Kyle, Jackie O avoid charges over mushroom trial remark

Radio presenters Kyle and Jackie O will not be prosecuted for comments made during a trial. (Dan Peled/AAP PHOTOS)

Prosecutors will not charge radio duo Kyle Sandilands and Jackie O with contempt of court over comments made during Erin Patterson's triple-murder trial.

The KIIS FM breakfast show hosts were referred to the Victorian Office of Public Prosecutions on June 16 after Sandilands made on-air comments about the case, including "just lock that b**** up".

At the time, Supreme Court Justice Christopher Beale encouraged commentators to "engage their brains before they open their mouths", warning they could land themselves in hot water.

But the Victorian Director of Public Prosecutions on Wednesday confirmed the radio duo would not be charged with contempt of court.

"It has been determined that in all the circumstances none of the incidents had a clear tendency ... to prejudice the fair trial of Ms Patterson on the charges against her," the statement read.

"It is considered that the required elements of contempt could not be proved beyond reasonable doubt and there are no reasonable prospects of conviction for the referred incidents."

Erin Patterson
A jury found Erin Patterson deliberately served lunch laced with death cap mushrooms to her guests. (James Ross, Joel Carrett/AAP PHOTOS)

A Mamamia Out Loud podcast episode and a presentation from forensic psychologist Rachel Toles about the trial were also referred to prosecutors, but they too were spared charges.

Patterson was in July found guilty of murdering her former in-laws Don and Gail Patterson, 70, and Gail's sister Heather Wilkinson, 66.

A jury found she deliberately served beef Wellingtons laced with death cap mushrooms to her lunch guests in July 2023 at her Leongatha home in regional Victoria.

She was also convicted of the attempted murder of Heather's husband Ian Wilkinson, 69, who fell seriously ill after eating the meal but survived.

Patterson was sentenced in September to life behind bars, with a non-parole period of 33 years.

She has lodged an appeal against her conviction while prosecutors are appealing her sentence, describing it as manifestly inadequate.

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