‘She’s not dead’: man’s words when partner didn’t wake

A man accused of punching his partner and failing to seek medical attention before he died claimed he insisted he was “not dead” despite not waking up, his mother told a court.

John Torney, 40, appeared in Melbourne Magistrates’ Court via video link on Monday for a hearing into the death of Emma Bates.

Ms Bates, 49, was found dead at her home in Cobram, near the NSW-Victoria border, on April 23, 2024.

Torney is accused of negligent homicide and other crimes, which he denies.

Miss Bates lived next door to the Torney family and the defendant’s mother, Belinda, told the court that her son had been romantically involved with her neighbor about two weeks before Miss Bates’ death.

He said Ms Bates had expressed romantic interest in the previous 40 years, but he was not sure when they first became involved.

Much of the hearing focused on an argument Ms Torney had in the car with her son on the way to a supermarket on April 22.

Ms Torney said she had previously heard the couple shouting at each other and that her son had told her he had punched Ms Bates.

He told the court his son told him that Ms Bates had not woken up but was still breathing, which caused the mother to worry about her neighbour’s blood sugar levels because both women had diabetes and they had argued about it frequently.

“He said, ‘Oh, he’s not well, he’s asleep but he won’t wake up,'” Ms Torney told the court.

He said his son told him he would have called an ambulance if Mrs. Bates had not woken up and tidied the house when he got home.

“He says, ‘He’s not dead, you idiot,'” Ms Torney said.

Ms Torney said she contacted police the next day because she was concerned about Ms Bates’ health.

She said her son “would have no idea” about diabetes care and wishes she had given him more information about the condition.

Ms Torney said she was concerned her son was being affected by drugs in the months leading up to Ms Bates’ death.

Prosecutor Matthew Cookson told the court Torney took on the duty of care for Miss Bates because the pair were in a de facto relationship, she lived alone and Bates was diabetic.

He claimed Ms Bates was incapable of seeking medical help for herself and failed to seek medical help for Torney’s death, which amounted to “gross negligence”.

But defense lawyer Hayden Rattray denied this and asked when and by what conduct Torney assumed this responsibility.

Miss Bates’ sisters were in court to watch the hearing, which was earlier adjourned after Torney was alleged to have burned down her brother’s family home.

The trial continues.

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