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The Guardian - AU
The Guardian - AU
National
Adeshola Ore

Victorian man accused of assaulting Emma Bates before her death faces court

Emma Bates
Emma Bates was found dead in her home in Cobram on Tuesday afternoon. John Torney, 39, has been charged with assault and intentionally causing injury by police investigating the death Photograph: Supplied by the family

Cobram man John Torney, who allegedly assaulted Emma Bates before she was found dead in northern Victoria, has faced a regional Victorian court.

Torney appeared in the Shepparton magistrates court on Friday, flanked by two police officers.

Police investigating the death of Bates, 49, allege Torney assaulted her and intentionally caused injury. Emergency services discovered the local woman dead at a property in Cobram, near Victoria’s border with New South Wales, on Tuesday afternoon.

Prosecutor Charles Moffatt told the court that police were seeking amendments to the charges, including specifying that a charge relates to the Family Violence Protection Act.

The defence did not oppose the amendments to the charge.

Police allege between 20 April and 23 April, Torney assaulted and intentionally caused injury to Bates.

Torney’s lawyer, Kyle McLaughlin, told the court that the “proper venue” for the case should be in Cobram, about a 50-minute drive from Shepparton.

But magistrate Peter Dunn said there were no secure custody facilities at the Cobram court house. McLaughlin said the defence would apply for Torney to appear remotely for future matters.

Asked by Dunn about custody management issues, McLaughlin said Torney identified as Aboriginal and was withdrawing from a drug dependency.

Torney has not made an application for bail, the court heard.

Police on Wednesday charged Torney, 39, with intentionally causing injury, recklessly causing injury, common law assault, aggravated assault of a female and unlawful assault.

Police said on Wednesday that emergency services were called to an address on Campbell Road in Cobram about 2.15pm on Tuesday. Bates was found dead at the property.

On Friday, police said a postmortem conducted was unable to determine the cause of death.

“Detectives will await the results of further testing and continue with their investigation,” a statement said.

Torney was remanded to appear again at the Shepparton magistrates court on 21 May for a mention hearing.

In a statement on Thursday, Bates’s family paid tribute to the “proud aunty” who had the “biggest heart of anyone we know”.

“She was always helping someone,” the family said in the statement.

“Dropping in food for an elderly neighbour. Giving lifts to people who needed it. The list goes on.

“She was the crazy cat lady aunt. She had her rescues that she treated like her babies. Her home decor was all cat inspired.”

• In Australia, the national family violence counselling service is on 1800 737 732. In the UK, call the national domestic abuse helpline on 0808 2000 247, or visit Women’s Aid. In the US, the domestic violence hotline is 1-800-799-SAFE (7233). Other international helplines may be found via www.befrienders.org.

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