Sydney shock jocks Kyle Sandilands and “Jackie O” Henderson face possible contempt of court charges over their commentary on the mushroom murder trial.
It follows controversial comments on the duo’s Kyle & Jackie O during the 11-week trial of Erin Patterson in regional Victoria.
On June 16 – ahead of the jury beginning its deliberations on the three charges of murder and one of attempted murder that Patterson faced – Sandilands and Henderson discussed the trial during their KIIS breakfast radio show.
“Did she do it or what?” Sandilands said.
“What does the evidence point to? My question is how strong is her case?” Henderson responded.
Sandilands: “Not strong, not strong for her … The rest of us already know … C’mon bro … Just lock that b–ch up.”
The pair also discussed prosecution evidence about mobile phone tower records that potentially placed Patterson in Loch and Outtrim in South Gippsland, two sites where death cap mushrooms had been spotted.
“Picking mushrooms,” Sandilands said.
“Hasn’t she done something like this before, with the mushrooms?”
On Monday, Patterson, 50, was found guilty of all four charges after serving death cap mushrooms in a poisoned beef Wellington at a lunch for her former in-laws and another couple in July 2023.
Sandilands’ and Henderson’s comments can be publicly revealed only since Patterson’s conviction. However, trial judge Justice Christopher Beale singled them out in a warning about media coverage later that same day.
“This morning the presenters of the Kyle & Jackie O radio show commented on this case during a new segment on their show,” he said in court.
“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.
“I will be referring this morning’s matter to the Office of Public Prosecutions for contempt proceedings.
“Our media unit will continue to closely monitor all media in relation to commentary on this case, whether the commentary be shock jocks, so-called influencers, social media commentators or legacy media.”
With the trial in regional Victoria drawing global attention, the Supreme Court media team, the judge and his associates scrutinised a plethora of coverage, including podcasts, live news blogs, radio programs, blogs and television news crosses.
A visiting psychologist experienced in serial killers, who spoke about the case at an event in Melbourne on May 31, was later also referred to prosecutors.
Elsewhere, Network Ten was warned after reporting in a news broadcast of “another day of damning evidence”. Women-focused website Mamamia was told to take down a problematic podcast episode and Facebook post.
The potential legal charges to Sandilands and Henderson are the latest blow in their battle to make an impact in the competitive Melbourne breakfast radio market.
In June, the most recent radio ratings showed them with 5.1 per cent of listeners in Melbourne, down from 5.1 per cent in the previous survey.
They continue to dominate in Sydney, holding No.1 with a 12.5 per cent market share (up from 12.3 per cent).
The pair’s expansion to a Melbourne audience is part of a 10-year, $200 million deal signed with KIIS owner Australian Radio Network last year. ARN has said it will stick with the plan, despite the show’s flagging ratings in the southern capital.
“With Kyle & Jackie O, the deal is still as it stands. There is no thought to pull or change at all,” chief content officer Duncan Campbell said last month.
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