John Torney has pleaded not guilty to negligent manslaughter and 15 other charges. (David Sickerdick/AAP PHOTOS)
A man accused of assaulting the woman he lived with and failing to seek medical help before she died has been ordered to stand trial for negligent manslaughter.
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John Torney, 41, appeared at Melbourne Magistrates’ Court via video link from Western Plains prison, where he formally pleaded not guilty to Emma Bates’ manslaughter and 15 other charges including assault and intentionally causing injury.
Another 13 offences, including additional assault charges, were withdrawn by the prosecution.
He had previously stormed out after a magistrate rejected his bid to have the manslaughter charge thrown out, and was ordered to return to the court on Thursday.
Ms Bates’ body was found at her Cobram home near the NSW-Victoria border on April 23, 2024.
Prosecutors allege Mr Torney struck her head in the days before but a forensic pathologist determined diabetic ketoacidosis, a condition involving high sugar levels, likely caused her death.
Mr Torney still owed Ms Bates, 49, a duty of care and he should have called an ambulance when he realised she was not well, prosecutors told the court earlier in November.
Emma Bates died at her Cobram home near the Victoria-NSW border.
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His barrister Hayden Rattray had argued a jury could not find Mr Torney owed her that legal duty because they were not in a de facto relationship, but magistrate Stephen Ballek rejected this.
He found Mr Torney and Ms Bates had been living together as domestic partners, noting he had a key to the house and they had described each other as boyfriend-girlfriend.
On Thursday, the magistrate asked Mr Torney to enter a plea to each of the charges.
“Not guilty, Your Honour,” he replied.
“Mr Torney, you are now ordered to stand trial in the Supreme Court,” Mr Ballek said.
He remains in custody and will face the Supreme Court for a directions hearing on December 16.
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