A committal hearing for 40-year-old John Torney, accused of killing Emma Bates in Cobram, has been postponed following an incident where Torney’s brother allegedly set their family home on fire. The hearing, which took place via video link at the Melbourne Magistrates Court, was delayed at the request of prosecutor Matthew Cookson, who cited the unavailability of two crucial witnesses—Torney’s brother and mother.
Cookson revealed that while conducting a welfare check, police encountered Torney’s brother, who allegedly ignited the blaze, destroying the family home and leaving their mother homeless and without possessions. Although she was physically unharmed after being hospitalised, she was deemed emotionally unfit to testify.
Given the circumstances, Cookson argued that proceeding without the witnesses would be unfeasible. While Torney’s barrister, Hayden Rattray, contended that the case could continue without them, magistrate Stephen Ballek acknowledged the gravity of the situation and permitted the adjournment.
Torney, remanded in custody since April 2024, is due to return to court in October for a four-day hearing. He faces multiple charges, including 13 counts of intentionally causing injury and assault, as well as a later charge of negligent manslaughter related to Bates’s death, which occurred on April 23, 2024. Notably, Torney had previously been acquitted of murder in connection with the death of a toddler in 2016.