John Torney set to argue self-defence in relation to the death of Emma Bates

The man facing assault-related charges linked to the death of Emma Bates plans to argue self-defence, as the Cobram woman’s cause of death is revealed.

John Torney walks free from Mildura Police Station after being found not guilty of murdering Nikki Francis-Coslovich. Picture: Mark Stewart

A man cleared of murdering his partner’s toddler almost a decade ago will argue self-defence after his alleged assault led to the death of a Cobram woman.

John Torney, who was found not guilty of the murder of two-year-old Nikki Francis Coslovich at Mildura in 2015, is charged with a series of assault-related offences that led to the death of Emma Bates.

Ms Bates, 49, was found dead in her Cobram home on April 23, having suffered significant head and upper body injuries consistent with being assaulted.

John Torney will argue self-defence to the assault charges he faces in relation to the death of Cobram woman Emma Bates.

Mr Torney, 39, fronted the Shepparton Magistrates’ Court on August 6 for a contest mention, where his lawyer Nelson Brown announced he would be arguing “self-defence” in relation to the assault charges.

The court heard the prosecution was also looking to lay an additional threat to kill charge, which Mr Brown said was also in dispute.

Mr Brown noted that the record of interview following his client’s arrest was conceded as evidence.

Mr Torney’s next court date will be a five-day contested hearing where 12 witnesses will be called by the prosecution, including five police officers, three expert witnesses.

Prosecutor Alex Turner said four protected witnesses would also be called to give evidence.

Sporting a shaved head and stubble, Mr Torney spent most of the hearing with a frown, and spoke only when responding to Magistrate Simon Zebrowski.

John Torney. Picture: Mark Stewart

Meanwhile, Ms Bates’ cause of death has been revealed after the results of her autopsy were recently finalised.

Ms Bates’ family told the Herald Sun that her death certificate stated “diabetic ketoacidosis in a diabetic woman with a head injury”.

Diabetic ketoacidosis is caused when a person has a high blood sugar level and not enough insulin to break it down to use for energy.

The family hoped the reference to the head injury was enough to “increase charges”.

Two of Ms Bates’ sisters attended the hearing, and said they planned to travel to Cobram after court to visit Emma’s grave and have lunch with their parents, who were still “really struggling”.

Mr Torney, who appeared via video link from Melbourne Remand Centre, will next face court on December 17 at 10am for a special mention.