The thinking behind Erin Patterson's unexpected legal tactic

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There's an underlying principle in our justice system that a local community should be able to watch court proceedings linked to lawlessness in its area.

It's an acknowledgement of the impracticality in making affected family members or witnesses travel long distances to court.

Erin Patterson outside her lawyer's office last year, in the months before she was charged.Credit: Chris Hopkins

It's also recognised that allowing people in the community to watch the justice system at work firsthand assures public confidence that the administration of justice is being upheld.

Barrister Nick Papas, KC, a former Crown prosecutor and chief magistrate, explains that it's a foundational principle of Australian criminal law that an accused person be judged by their peers.

And as courts are often accused of being out of touch with community expectations, Papas says there are clear benefits in keeping cases close to home.

"There's a really strong sense that if everything is centralised then those in the regions lose touch with justice," Papas says.

Media outside Latrobe Valley Magistrates' Court in Morwell last year, before Erin Patterson's first court appearance.Credit: Chris Hopkins

"As an example, in the Supreme Court, not all murder trials come to the city. Some are held in Warrnambool, Ballarat, Bendigo or Wangaratta.

"This is not about bringing justice to the people, it's the people's justice. "

But often, especially in high-profile cases, all those considerations are overridden by mundane matters like having the courtrooms and staff available to have matters heard in a timely manner, especially if an accused is in custody.

On Monday, Latrobe Valley Magistrates' Court in Morwell, a town 150 kilometres east of Melbourne, bore witness to the justice conundrum.

Don Patterson (left), Gail Patterson, Heather Wilkinson and Ian Wilkinson were poisoned by a mushroom meal.

The Gippsland region services six courtrooms, so when lawyers for accused killer mushroom cook Erin Patterson requested her pending three to four-week committal hearing - at which the police case against her would be tested for the first time - be heard there, the magistrate understandably baulked.

This request, magistrate Tim Walsh said, would potentially push the hearing, which comes before a possible trial, out until 2025, which he flagged as being unfair to Patterson.

Patterson has been housed in protective custody in a women's prison for six months since she was charged late last year with three counts of murder and five of attempted murder.

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Walsh suggested two options, one being that the case be moved to Melbourne, where more courtroom space and staff were available. Or two, fast-track the matter to the less in-demand Supreme Court, where, provided a magistrate was satisfied there was sufficient evidence to put the case before a jury, it would end up anyway.

Defence lawyer Colin Mandy, SC, told Monday's hearing that Patterson was content to wait until 2025, so the charges could be tested in front of her community.

Patterson, and most of the witnesses - whose identities are yet to be disclosed - are also from the Gippsland region, the court heard.

"Those are her instructions, your honour. She would like to have her committal heard ... in her local community," Mandy said.

"It's not only a matter of principle, there are powerful reasons for a committal having to take place in Ms Patterson's local community.

"A proceeding should be held in the community where the offence is alleged to have been committed."

Speaking broadly, Papas says while principle suggests that unless there is a good reason to move them, cases should be left where they are. The courts always have to find a balance, he says, and there are times when compelling reasons do exist for a case to move from the regions to the big smoke.

It seems Walsh will have to mull over that very decision, as another date has been set for Patterson's case next month.

Once it is decided where the committal hearing is held, the magistrate will approve a list of proposed witnesses and schedule a date for the hearing, which is the defence's first chance to test the strength of the prosecution case.

If a magistrate finds there is enough evidence to put before a jury, the case will then be booked in for trial in the Supreme Court.

No matter where Patterson's case is ultimately heard, if this were a play, we're a long way from the final act.

John Silvester lifts the lid on Australia's criminal underworld. Subscribers can sign up to receive his Naked City newsletter every Thursday.

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