A man is seeking to have his negligent manslaughter charge dismissed, contending he did not have a legal responsibility towards a woman who passed away.
Emma Bates, aged 49, was discovered deceased at her residence in Cobram, located near the NSW-Victoria border, on April 23, 2024.
Reports suggest that her neighbor and brief romantic partner, John Torney, 40, allegedly struck her on the head in the days leading to her death.
However, during a session at the Melbourne Magistrates Court, a forensic pathologist testified that diabetic ketoacidosis, characterized by elevated sugar levels, was the probable cause of her demise.
Prosecutor Matthew Cookson argued that Torney bore a duty of care for Bates, asserting that their intimate, cohabiting relationship qualified as a de facto partnership.
Torney’s lawyer, Hayden Rattray, disputed this assertion, emphasizing that their relationship lasted only between two and four weeks at the time of Bates’ passing.
De facto relationships were akin to marriage, whereas their relationship was “extraordinarily short-lived” and “profoundly unhealthy”, Rattray said.
A jury could not find Torney owed her a duty of care because they were not in a de facto relationship, the barrister said.
He also challenged the prosecution argument Torney should have called an ambulance on the morning of April 22.
The court was told Bates had a gash on her head, allegedly caused by Torney, and was moaning so Torney threw her sugar tester towards her.
Cookson argued Torney breached his duty of care by not calling an ambulance when he realised she was not well.
“He doesn’t need to know what’s wrong, but he must have been aware something was wrong and he failed to act in the circumstances,” the prosecutor said.
Rattray argued it was unclear when Bates started experiencing the ketoacidosis, so it could not be said Torney’s failure to call an ambulance caused her death.
“He had no reason to expect she would not wake up,” the barrister said.
Magistrate Stephen Ballek said he needed some time to consider whether the charge should be thrown out.
He will hand down his decision on November 19.
