The mother of a man charged over the death of his partner was worried when he told her the woman was “asleep but not waking up”.

A man accused of punching his partner and failing to seek medical care before she died allegedly insisted she “wasn't dead” despite not waking, his mother told a court.

John Torney, 40, faced Melbourne Magistrates Court on Monday by video link for a committal hearing over the death of Emma Bates.

Ms Bates, 49, was found dead in her home at Cobram near the NSW-Victoria border on April 23, 2024.

Torney is charged with negligent manslaughter and other offences, which he denies.

Ms Bates lived next door to the Torney family and the accused’s mother Belinda told the court her son was in a romantic relationship with her neighbour for about two weeks before Ms Bates’ death.

She said Ms Bates had expressed romantic interest in the 40-year-old months before that but couldn’t be sure when they first got involved.

Much of the hearing focused on a discussion Ms Torney said she had with her son in the car on the way to a supermarket on April 22.

Ms Torney said she heard the couple yelling at each other previously and her son had told her he had punched Ms Bates.

She told the court her son said Ms Bates hadn’t woken up but was still breathing, which caused the mother to worry about her neighbour’s blood sugar level as both women had diabetes which they frequently discussed.

“He said ‘oh she’s not well, she’s asleep but not waking up’,” Ms Torney told the court.

She said her son told her he would call an ambulance if Ms Bates hadn't woken up when he got home and tidied up the house.

“He goes ‘she's not dead you f****** idiot’,” Ms Torney said.

Ms Torney said she contacted police the next day because she was concerned about Ms Bates’ medical condition.

She said her son “wouldn’t have a clue” about diabetes care and wished she had told him more about the condition.

Ms Torney said she was concerned about her son being affected by drugs in the months leading up to Ms Bates’ death.

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

He alleged Ms Bates was incapable of seeking medical assistance for herself and Torney had failed seek medical care for her death which was “grossly negligent”.

But defence barrister Hayden Rattray rejected that, asking when and by what conduct Torney had assumed that responsibility.

Ms Bates’ sisters were in court to watch the hearing, which was previously pushed back after Torney’s brother allegedly burnt down his family home.

The hearing continues.

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Wednesday, 13th October 2027

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