The Victorian Office of Public Prosecutions will not charge Kyle and Jackie O or Mamamia with contempt for potentially prejudicial comments made during the trial of mushroom triple-murderer Erin Patterson.
In July, Patterson was found guilty of murdering three relatives and attempting to murder a fourth with a deadly beef wellington lunch laced with death cap mushrooms that she served in 2023.
The OPP said in a statement on Wednesday that the matters referred to them for consideration of contempt proceedings, which also included an event called “The Psychology of Serial Killers” which was hosted by psychologist Dr Rachel Toles, had no reasonable prospects of conviction.
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“The relevant circumstances of each incident have been carefully considered and assessed against the principles of sub-judice contempt,” a spokesperson said.
“It has been determined that in all the circumstances none of the incidents had a clear tendency, as a matter of practical reality, to prejudice the fair trial of Ms Patterson on the charges against her.
“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’s interview with Victoria police released – video
The Kyle and Jackie O Show, broadcast by Kiis FM was referred for prosecution for contempt after comments made on air during Patterson’s trial, including Kyle Sandilands saying, “Just lock that bitch up”.
On 16 June, Justice Christopher 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.”
The Mamamia Out Loud podcast episode “Grab a Plate. The Twist in The Mushroom Trial” was also referred for possible proceedings.
On 5 June, Beale told the court the podcast “was full of highly prejudicial expressions of opinion” and “I won’t repeat them here. After being directed to remove the podcast, it has been taken down”.
Toles’ event was held at Hamer Hall, in Melbourne, during the trial. She referred to Patterson on stage during the event.
