Erin Patterson wants to stay behind bars for more than a year in hopes of being tried closer to her local community.
Patterson, 48, appeared in LaTrobe Valley Magistrates Court on Monday via video link for a special hearing.
Dressed in blue prison clothes and glasses, Patterson was represented in court by South Carolina attorney Colin Mandy, who will now represent her in what is expected to be a three-week arraignment hearing.
Erin Patterson wants to hold her murder trial close to her local community, even if it means staying behind bars for more than a year.
She had previously been represented by prominent Australian lawyer Philip Dunn, KC.
It is still unknown why Patterson abandoned Dunn, who has worked on some of Australia’s biggest cases.
Patterson faces a long wait behind bars until a hearing after insisting his criminal case continues in regional Victoria.
Magistrate Tim Walsh told Mandy he couldn’t attend this year’s preliminary hearing because the court was full.
“I’m not happy waiting for Mr. Mandy because I don’t think it’s fair to your client,” he told her.
Mandy insisted that these were Patterson’s own instructions and that he was determined to make them happen no matter the delay.
“She would like her committal hearing to be held at Your Honour’s court, in her local community, and is content to wait until the court can accommodate her,” he said.
Walsh warned Patterson that he faced a long sentence behind bars at the Dame Phyllis Frost Center awaiting a court date.
‘Do you understand that it is unlikely to be this year?’ she asked.
“Yes, your honor,” was the response. “We anticipate that the court could accommodate us in that period, in that window that we marked with her Honor, but if it is next year, then Ms. Patterson will be content to wait.”
“Which leaves her in custody for 14 or 15 months… minimum,” Walsh said.
Don and Gail Patterson died after eating allegedly poisoned food at Erin Patterson’s home.
Pastor Ian Wilkinson (right) survived the meal but his wife Gail (left) died.
The Leongatha house where Erin Patterson is accused of murdering her estranged relatives
Crown prosecutor Sarah Lenthall opposed the proposed delay.
“Our position is that incarceration should take place as soon as possible,” he said.
The court heard the matter could be heard in Melbourne without delay or go directly to the Supreme Court of Victoria.
Mandy said the procedure should take place in the community where the alleged crime occurred and near the defendant’s home.
“That’s the right place for a proceeding… we anticipate a three-week processing and most of the witnesses are from that area and those we haven’t agreed to can appear by (video link),” he said.
“It is not just a matter of principle and there are compelling reasons why the internment has to take place in Ms Patterson’s local community.”
Walsh told Patterson that the royal court was in Morwell, about 60 kilometers from Leongatha, where the alleged murders took place.
“That’s close to Mrs Patterson’s home in the context of regional Victoria,” Mr Mandy said.
Erin Patterson is accused of trying to murder her ex-husband Simon Patterson (pictured)
Walsh refused to accept Patterson’s request and said he would give his decision when the matter returned to court next month.
Patterson’s former in-laws, Don and Gail Patterson, and Gail’s sister, Heather Wilkinson, died of suspected mushroom poisoning after eating a beef Wellington dish cooked by Patterson at their Leongatha home on July 29.
She is also charged with five counts of attempted murder of her ex-husband Simon Patterson.
Pastor Ian Wilkinson was the only one to survive the deadly lunch.
Monday’s court hearing was temporarily delayed after Patterson’s legal team was unable to tune into the video link.
No reason was given why Mr Dunn was no longer involved in Patterson’s defence.
The respected lawyer has worked in Australian courts for five decades, representing everyone from the late drug trafficker Carl Williams to Sports icons Gary Ablett Sr and Dani Laidley.
When the matter returns to court, both the defense and prosecutors are expected to have an agreed list of witnesses they wish to cross-examine at the preliminary hearing.
“I can say there is agreement on many of those witnesses and the Crown wants to consider their position in relation to the rest,” Mr Mandy said.
