By Erin Pearson
A Cobram man will face a homicide charge over the death of Emma Bates after fresh medical evidence resulted in police upgrading his charges.
John Torney, 40, appeared in Shepparton Magistrates’ Court via videolink on Tuesday, eight months after being charged with assaulting Bates before she was found dead in her home on the NSW-Victoria border in April.
John Torney has been charged with negligent manslaughter in relation to Emma Bates’ death.Credit: Sunraysia Daily
The court heard the more serious charge of negligent manslaughter had now been laid against Torney after detectives received a fresh medical report from the Victorian Institute of Forensic Medicine.
Bates’ family were told earlier this year that Torney would not be charged with murder or manslaughter after an autopsy could not find a conclusive cause of death.
The 49-year-old was a type 1 diabetic and was found dead in her bedroom with bruising and a lump under her left eye, a large gash on the top of her head and cuts on her nose, documents submitted to the court said.
In October, a court heard Torney had threatened Bates’ family and said he would “chop her body up into bits and pieces” and force his own siblings to bury her remains in the bush, three days before she was found dead in Cobram.
Emma Bates with her niece, Nat.
On Tuesday, the prosecution said a new medical report received by police on October 30 had led to the new charge. They said five reports in total had been obtained to date.
Torney’s lawyer, Kyle McLaughlin, applied for costs to be covered for earlier court hearings, including a failed bail application, when he said there was no indication any charges of homicide would be laid.
McLaughlin said the defence were also still unaware of what the fresh medical material contained.
Torney was beamed via videolink into court wearing a white T-shirt and green tracksuit pants. When asked if he had any new custody management issues regarding his health and wellbeing, he replied “no”’.
Magistrate Allison Vaughan ordered Victoria Police fund some of Torney’s prior legal defence at a cost of $780.
She remanded Torney, who is in custody, to reappear in Shepparton Magistrates’ Court on March 19.
If you or anyone you know needs support, you can contact the National Sexual Assault, Domestic and Family Violence Counselling Service on 1800RESPECT (1800 737 732), Lifeline 131 114, or Beyond Blue 1300 224 636.
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