<div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><span>A man accused of negligent manslaughter has stormed out after a magistrate rejected his bid to have the charge thrown out.</span></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><span>John Torney, 41, watched via video link from prison as Melbourne magistrate Stephen Ballek ordered him to stand trial over Emma Bates' death.</span></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><span>But he left the video link room and refused to return for the formal committal process, where he was expected to be cautioned and enter a not guilty plea.</span></div></div><div><div id="adspot-mobile-medium"></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><strong><span>READ MORE:</span></strong><span> </span><a href="https://www.9news.com.au/national/anz-mass-redundancies-ceo-nuno-matos-not-proud-of-decision-to-lay-off-3500-workers/b23dc996-7a2d-4a12-9c60-931d68da4d83" target="_blank"><strong><span>Bank CEO not proud of decision to lay off thousands of workers</span></strong></a></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><span>The 41-year-old repeatedly shook his head during today's hearing, where Ballek found there was sufficient evidence for a jury to convict Torney of negligent manslaughter.</span></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><span>Torney has been charged over the death of Bates, whose body was found at her Cobram home near the NSW-Victoria border on April 23, 2024.</span></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><span>She was allegedly struck to the head by Torney in the days before but a forensic pathologist determined diabetic ketoacidosis, a condition involving high sugar levels, likely caused her death.</span></div></div><div><div class="OUTBRAIN" data-reactroot="" data-src="//www.9news.com.au/national/john-torney-court-updates-accused-storms-out-after-negligent-manslaughter-ruling/1076f298-3aa9-437a-a78a-6a54955b348b" data-widget-id="AR_5"></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><span>Prosecutors told the court Torney still owed Bates a duty of care and he should have called an ambulance when he realised she was not well.</span></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><span>But Torney's barrister Hayden Rattray argued a jury could not find Torney owed her that legal duty because they were not in a de facto relationship.</span></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><span>It was also unclear when Bates started experiencing the ketoacidosis so it could not be said Torney's failure to call an ambulance led to her death, Rattray said.</span></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><strong><span>READ MORE:</span></strong><span> </span><a href="https://www.9news.com.au/world/epstein-files-what-happens-next-everything-we-know-explained/592dcdd7-bd99-4dba-a547-72cf792fea69" target="_blank"><strong><span>What can we expect to learn once the Epstein files are released?</span></strong></a></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><span>Ballek rejected those submissions yesterday, ruling a properly instructed jury could find Torney owed a duty of care to Bates and he breached that duty by not calling an ambulance.</span></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><span>The magistrate said Torney and 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.</span></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><span>Torney knew Bates had type 1 diabetes and that she monitored her condition through a glucose monitoring app on her phone, Ballek said.</span></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><span>It's alleged Torney threw a glucose tester at Bates when he found her moaning the day after he's accused of assaulting her.</span></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><span>He then left the home and went to the pokies instead of calling an ambulance, Ballek noted.</span></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><span>"The accused chose to simply desert her," he told the court.</span></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><span>The magistrate said there was evidence of a sufficient weight for the case to go to trial in the Victorian Supreme Court.</span></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><span>He briefly left the bench so the parties could organise dates for the next hearing but when he returned, Torney had left his video link room.</span></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><span>Rattray asked Ballek for time to speak to his client, emphasising it was unclear whether Torney understood he was required to attend for the committal process.</span></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><span>Ballek allowed the adjournment, with the case to return to Melbourne Magistrates Court on November 27.</span></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><span>Outside court, Bates' sister Cassandra Searle told reporters she was relieved Torney had been ordered to stand trial.</span></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><span>Torney was in 2016 acquitted of murdering a toddler, after the two-year-old girl's beaten body was discovered in the roof cavity of a Mildura house.</span></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><strong><span>Support is available from the</span></strong><span> </span><strong><span>National Sexual Assault, Domestic and Family Violence Counselling Service</span></strong><span> </span><strong><span>at</span></strong><span> </span><a href="https://www.1800respect.org.au/" title="https://www.1800respect.org.au/"><strong><span>1800RESPECT (1800 737 732)</span></strong></a><strong><span>.</span></strong></div></div>