<div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><span>A man has pushed for his negligent manslaughter charge to be dropped, arguing he did not hold a duty of care for a woman who died.</span></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><span>Emma Bates, 49, was found dead at her home at Cobram 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 had allegedly been struck to the head by her neighbour and short-term partner John Torney, 40, in the days before she died.</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><a href="https://www.9news.com.au/national/perth-osborne-park-football-club-suspended-after-player-dressed-up-as-stephen-hawking/a4c98a3c-e08c-4de0-8279-ce588d0e8022" rel="" target="_blank" title=""><strong><span>Football club banned for two years over Stephen Hawking costume controversy</span></strong></a></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><span>But a forensic pathologist told Melbourne Magistrates Court diabetic ketoacidosis, a condition involving high sugar levels, was the likely cause of her death.</span></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><span>Prosecutor Matthew Cookson today argued Torney still owed a duty of care to Bates because they were in a de facto relationship, given they were intimate and living together.</span></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><span>Torney's barrister Hayden Rattray challenged that claim, arguing they had only been in a relationship for two to four weeks at the time of Bates' death.</span></div></div><div><div class="OUTBRAIN" data-reactroot="" data-src="//www.9news.com.au/national/melbourne-court-john-torney-tries-to-dodge-manslaughter-charge-after-new-partner-emma-bates-dies/04b2d389-f990-4a7d-8ac9-e000d00f73b7" data-widget-id="AR_5"></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><span>De facto relationships were akin to marriage, whereas their relationship was "extraordinarily short-lived" and "profoundly unhealthy", Rattray said.</span></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><span>A jury could not find Torney owed her a duty of care because they were not in a de facto relationship, the barrister said.</span></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><span>He also challenged the prosecution argument Torney should have called an ambulance on the morning of April 22.</span></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><strong><span>READ MORE: </span></strong><a href="https://www.9news.com.au/national/prince-andrew-avenue-whittlesea-council-lalor/e45c86a7-158b-4e32-9fae-959196e160db" rel="" target="_blank" title=""><strong><span>Calls for street named after disgraced former prince to be changed</span></strong></a></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><span>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.</span></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><span>Cookson argued Torney breached his duty of care by not calling 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>"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.</span></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><span>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.</span></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><span>"He had no reason to expect she would not wake up," the barrister said.</span></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><span>Magistrate Stephen Ballek said he needed some time to consider whether the charge should be thrown out.</span></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><span>He will hand down his decision on November 19.</span></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><a href="https://www.1800respect.org.au/"><strong><span>National Sexual Assault, Domestic Family Violence Counselling Service</span></strong></a><strong><span> 1800RESPECT (1800 737 732).</span></strong></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><a href="https://www.9news.com.au/national/how-to-follow-9news-digital/29855bb1-ad3d-4c38-bc25-3cb52af1216f"><em><strong><span>DOWNLOAD THE 9NEWS APP</span></strong></em></a><em><strong><span>: Stay across all the latest in breaking news, sport, politics and the weather via our news app and get notifications sent straight to your smartphone. 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