John Torney: Man charged over death of partner Emma Bates allegedly threw objects at walls

A man charged over the death of his partner threw objects “through” walls and raised his fists at her before she died, his brother has testified.

Craig Chaille told Melbourne Magistrates Court he heard his brother John Torney arguing with Emma Bates before she was found dead at her home near the NSW-Victoria border on April 24, 2024.

Mr Torney, 40, is accused of punching Ms Bates and failing to seek medical care for her before she died.

He has been charged with negligent manslaughter and other offences, which he denies, and faced the second day of a committal hearing to determine whether there’s enough evidence for him to stand trial.

Mr Chaille lived at the Torney family home next door to Ms Bates’ house at Cobram.

He went next door several times before her death, and told the court on Tuesday Mr Torney had been drinking in the lead-up to Ms Bates’ death.

He said he saw Mr Torney raise his fists “maybe five times” but he did not see his brother hit Ms Bates.

One time he went over to the house he said he saw his brother throw objects “through walls” which left holes.

“She was telling Johnny to stop damaging the house,” Mr Chaille told the court.

He said the last time he saw Ms Bates she had a lip injury, including bleeding and swelling.

The committal hearing was pushed back earlier this year, after Mr Chaille was accused of burning down his family home.

Ms Bates, 49, had type-one diabetes which forensic physician Jason Schreiber described as “not well controlled”.

He said Ms Bates had a large gash to the top of her head, a cut to her nose and bruising under an eye which could not be attributed to a single fall.

Tests showed she had a bleed on the brain, nerve death and scarring to the brain, he told the court.

The physician said it was difficult to differentiate between the brain impact of a physical assault and the effects of diabetic ketoacidosis, an emergency condition triggered by a lack of insulin.

Ms Bates had taken methamphetamine, which may have impacted how much she sweated or drank and the impact on her diabetes, he said.

“She had very high amounts of methamphetamine that did not allow her to properly function with good judgment,” Dr Schreiber told the court.

Prosecutor Matthew Cookson previously told the court Mr Torney had assumed duty of care for Ms Bates because the pair were in a de facto relationship, lived alone and she had diabetes.

However, defence barrister Hayden Rattray disputed that, asking when and by what conduct Mr Torney had assumed that responsibility.

The hearing continues on Wednesday.

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