Radio hosts Kyle Sandilands and Jackie O will not face contempt charges for comments made during the trial of Erin Patterson, who was convicted of murdering three relatives. The Victorian Office of Public Prosecutions announced on Wednesday that the duo's remarks did not meet the legal standards for contempt of court.

The controversy arose from a segment aired on June 16, when Sandilands made several statements regarding Patterson's guilt. He said, "lock that b**** up" and questioned the strength of her case, stating, "Not strong, not strong for her." His co-host, Jackie O, also engaged in the discussion, asking how strong the evidence was against Patterson.

The comments were made while the trial was ongoing, which raised concerns about potential violations of sub judice rules. These rules restrict media commentary on cases that could influence jurors. Supreme Court Justice Christopher Beale, who presided over the trial, warned the media about the risks of prejudicing the case. He stated, "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."

Despite the concerns, a spokesperson for the Office of Public Prosecutions confirmed that the required elements of contempt could not be proven beyond a reasonable doubt. The spokesperson added, "It has been determined that in all the circumstances none of the incidents had a clear tendency... to prejudice the fair trial of Ms. Patterson on the charges against her."

In addition to the radio segment, other instances of commentary related to the trial were also referred to the Office of Public Prosecutions. This included a podcast episode from Mamamia Out Loud and a presentation by forensic psychologist Dr. Rachel Toles. However, no charges were filed against these parties either.

Erin Patterson was found guilty in July of murdering her former in-laws, Don and Gail Patterson, and Gail's sister, Heather Wilkinson. She was accused of serving them beef Wellingtons laced with toxic death cap mushrooms. Patterson was also convicted of the attempted murder of Heather's husband, Ian Wilkinson, who survived after consuming the meal. In September, she was sentenced to life in prison with a non-parole period of 33 years. Patterson has appealed her conviction, while prosecutors are appealing her sentence, calling it manifestly inadequate.

The case has drawn significant media attention, prompting discussions about the responsibilities of commentators and the potential impact of their words on ongoing legal proceedings. The penalties for contempt of court can include fines and imprisonment, highlighting the seriousness of the issue.