Erin Patterson wants to stay behind bars for more than a year in the hope of being tried closer to her local community.
Patterson, 48, appeared via videolink at LaTrobe Valley Magistrates’ Court on Monday for a special hearing.
Dressed in blue prison scrubs and goggles, Patterson was represented in court by barrister Colin Mandy, SC, who will now represent her in what is expected to be a three-week hearing.
Erin Patterson wants to take her murder case close to her local community, even if it means spending more than a year behind bars
She was previously represented by top Australian lawyer Philip Dunn, KC.
It remains unknown why Patterson dumped Dunn, who has worked in some of Australia’s biggest cases.
Patterson will face a lengthy hearing behind bars after insisting her criminal proceedings continue in regional Victoria.
Magistrate Tim Walsh told Mandy he could not attend this year’s preliminary hearing because the court was fully booked.
“I’m not happy with waiting for Mr. Mandy because I don’t think it’s fair to your client,” he told him.
Mr Mandy insisted these were Patterson’s own instructions and he was determined to carry them out despite the delay.
“She would like her hearing to be heard in your honor, in her local community, and she is content to wait until the court can accommodate her,” he said.
Mr Walsh warned Patterson she would face a long time behind bars at the Dame Phyllis Frost Center awaiting a court hearing.
“Does she understand that this is unlikely to happen this year?” he asked.
“Yes, Your Honor,” was the response. ‘We expected that the court might be able to accommodate us during that period. During that period we gave your commendation, but if it is next year, Mrs. Patterson will be happy to wait.”
“Which leaves her in custody for 14 to 15 months… at the very least,” Mr Walsh said.
Don and Gail Patterson died after eating a poisoned meal at Erin Patterson’s home
Pastor Ian Wilkinson (right) survived the meal, but his wife Gail (left) was killed
The Leongatha home where Erin Patterson is accused of murdering her estranged family members
Crown prosecutor Sarah Lenthall objected to the proposed postponement.
“Our position is that the commitment should take place as soon as possible,” she said.
The court heard the case could be heard in Melbourne without delay or taken directly to the Supreme Court of Victoria.
Mr Mandy said the proceedings should be conducted in the community where the alleged crime occurred and close to the suspect’s home.
“That is the right location for proceedings… we are expecting a three-week deployment and most of the witnesses will be from that area and those who are not, we can appear by (video link),” he said.
“It is not just a matter of principle and there are powerful reasons why the dedication should take place in Ms Patterson’s local community.”
Mr Walsh told Patterson that the actual court was in Morwell, about 60km from Leongatha, where the alleged murders took place.
“That’s close to Ms Patterson’s home in the context of regional Victoria,” Mr Mandy said.
Erin Patterson is accused of killing her estranged husband Simon Patterson (pictured)
Mr Walsh refused to respond to Patterson’s request and said he would make his decision when the case returned to court next month.
Patterson’s former in-laws, Don and Gail Patterson, and Gail’s sister, Heather Wilkinson, died on July 29 from suspected mushroom poisoning after eating a beef wellington dish cooked by Patterson at her Leongatha home.
She is further charged with five counts of attempted murder of her estranged husband Simon Patterson.
Pastor Ian Wilkinson was the only one to survive the deadly lunch.
Monday’s court hearing was temporarily postponed after Patterson’s legal team failed to fine-tune the video link.
No reason was given as to 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 lord Carl Williams to sports icons Gary Ablett Sr and Dani Laidley.
When the case returns to court, it is expected that both the defense and prosecutors will have an agreed-upon list of witnesses they wish to cross-examine during the preliminary hearing.
“I can say that there is agreement on many of those witnesses and the Crown wants to consider its position on the remainder,” Mandy said.