<div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><span>Police destroyed evidence by mistake from a negligent manslaughter case including the accused's mobile phone, a magistrate has heard.</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 </span><a href="https://www.9news.com.au/new-south-wales" rel="" target="" title="NSW"><span>NSW</span></a><span>-</span><a href="https://www.9news.com.au/victoria" rel="" target="" title="Victoria"><span>Victoria</span></a><span> border on April 23, 2024.</span></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><span>Her neighbour John Torney, 40, is facing a negligent manslaughter charge and other offences, which he denies.</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/tradie-takes-down-man-during-alleged-attempted-armed-robbery-at-gold-coast-service-station/f2899c48-3922-4ce8-95da-be343844e640" target="_blank"><strong><span>Hero tradie foils alleged attempted armed robbery</span></strong></a></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><span>Torney's mother previously told a committal hearing in Melbourne Magistrates Court that the two were in a relationship for about a fortnight and had argued in the lead-up to Bates' death.</span></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><span>Today, it was revealed property seized from Torney during his arrest including his phone and watch were "destroyed incorrectly" by an officer at Cobram police station.</span></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><span>Detective Senior Constable Kim Sneddon told the court evidence had been labelled as usual but one of her colleagues incorrectly thought it was rubbish and threw it out.</span></div></div><div><div class="OUTBRAIN" data-reactroot="" data-src="//www.9news.com.au/national/john-torney-court-updates-police-incorrectly-binned-manslaughter-case-evidence-court-hears/b3f82df6-4fa9-4a8c-9618-8a13eb0728cd" data-widget-id="AR_5"></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/lucinda-miller-missing-woman-victoria-remains-found-in-search/8a27fa93-dfe4-4731-b564-3defed739c9a" target="_blank"><strong><span>Remains located on anniversary of missing woman's disappearance</span></strong></a></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><span>She said by the time the mistake was realised the station's skip bins had already been taken to landfill.</span></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><span>"That telephone was destroyed before it could be analysed," the officer said.</span></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><span>"By the time I had already got on to it, it has already been crushed."</span></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><span>Detective Senior Constable Sneddon said Torney had been the only police suspect in this case.</span></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><span>Forensic physician Jason Schreiber previously told the court Bates had methamphetamine in her system and her diabetes was "not well controlled" when she died.</span></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><span>He said a large gash to the top of her head, a cut to her nose and bruising under her eye could not be attributed to a single fall.</span></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><span>Today, forensic pathologist Michael Bourke said Bates "absolutely" died from a serious condition involving high sugar levels.</span></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><span>"She died of diabetic ketoacidosis," Dr Bourke told the court.</span></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><span>He said anyone in that state needed treatment as soon as possible but could not say how quickly, likening it to the rhetorical question "how long is a piece of string?"</span></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><span>"This woman was in diabetic ketoacidosis and without treatment she was going to die," Bourke told the court.</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/national/soldiers-injured-adf-crash-townsville-queensland/72b51972-13aa-411d-b95e-0b2261284def" target="_blank"><strong><span>Cause of crash under investigation as soldier remembered as leader and mentor</span></strong></a></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><span>He said medical evidence showed Bates suffered a head injury within 48 hours before her death but could not pinpoint which had caused a brain injury.</span></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><span>"Any of them could have caused the brain injury, anything that caused a rotation to the brain," he said.</span></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><span>He said injuries of that nature may or may not have made the person become unconsciousness.</span></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><span>Homicide Squad Detective Leading Senior Constable Lee Horsley said her specialist squad did not continue investigating the case after Bates' post-mortem.</span></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><span>"We didn't have that direct link to a homicide as to cause of death," she said.</span></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><span>Prosecutor Matthew Cookson has alleged Torney had taken on duty of care for Bates.</span></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><span>However, Torney's lawyer Hayden Rattray disputed that, asking for clarification of how they alleged his client voluntarily assumed that duty.</span></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><span>The hearing 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