The Victorian Office of Public Prosecutions (OPP) has decided against pursuing contempt of court charges against several media outlets, including the Kyle and Jackie O show and Mamamia, for comments made during the high-profile Erin Patterson mushroom murder trial.
The Decision from Prosecutors
In an official statement released on Wednesday, the OPP confirmed that after careful consideration, the referred incidents—which also included an event hosted by psychologist Dr Rachel Toles—were found to have no reasonable prospects of conviction.
A spokesperson elaborated that each incident was assessed against the legal principles of sub-judice contempt. The assessment concluded that none of the comments had a clear tendency, as a matter of practical reality, to prejudice the fair trial of Ms Patterson. The OPP stated that the required elements of contempt could not be proven beyond a reasonable doubt.
Comments That Landed Broadcasters in Hot Water
The KIIS FM program, The Kyle and Jackie O Show, was referred for potential contempt proceedings after host Kyle Sandilands made inflammatory remarks on air during Patterson's trial. Sandilands was reported to have said, "Just lock that bitch up."
This prompted a sharp rebuke from the presiding judge, Justice Christopher Beale. On 16 June, in the absence of the jury, Justice Beale told the Victorian Supreme Court that he had read a transcript of the commentary. He notably encouraged "all commentators to engage their brains before they open their mouths, as they may otherwise land themselves and their organisations in hot water."
Similarly, an episode of the Mamamia Out Loud podcast titled "Grab a Plate. The Twist in The Mushroom Trial" was also referred. Justice Beale had previously criticised the episode on 5 June, stating it "was full of highly prejudicial expressions of opinion." The podcast was subsequently taken down after being directed to do so.
The Context of the Trial
The media comments were made during the trial of Erin Patterson, who in July was found guilty of murdering three relatives and attempting to murder a fourth. The convictions related to a deadly beef wellington lunch she served in 2023, which was laced with poisonous death cap mushrooms.
The third referred incident involved psychologist Dr Rachel Toles, who mentioned Patterson during her "The Psychology of Serial Killers" event at Melbourne's Hamer Hall while the trial was ongoing.
With the OPP's decision, the matter is now closed, and no further legal action will be taken against the broadcasters or the podcast for their controversial commentary.
