Emma Bates, 49, was found dead at her home at Cobram near the NSW-Victoria border on April 23, 2024.
Her neighbour John Torney, 40, is facing a negligent manslaughter charge and other offences, which he denies.
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 Ms Bates’ death.
On Thursday, October 16, 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.
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.
She said by the time the mistake was realised the station’s skip bins had already been taken to landfill.
“That telephone was destroyed before it could be analysed,” the officer said.
“By the time I had already got on to it, it has already been crushed.”
Det Sen Constable Sneddon said Torney had been the only police suspect in this case.
Forensic physician Jason Schreiber previously told the court Ms Bates had methamphetamine in her system and her diabetes was “not well controlled” when she died.
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.
On Thursday, forensic pathologist Michael Bourke said Ms Bates “absolutely” died from a serious condition involving high sugar levels.
“She died of diabetic ketoacidosis,” Dr Bourke told the court.
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?”
“This woman was in diabetic ketoacidosis and without treatment she was going to die,” Dr Bourke told the court.
He said medical evidence showed Ms Bates suffered a head injury within 48 hours before her death but could not pinpoint which had caused a brain injury.
“Any of them could have caused the brain injury, anything that caused a rotation to the brain,” he said.
He said injuries of that nature may or may not have made the person become unconsciousness.
Homicide Squad Detective Leading Senior Constable Lee Horsley said her specialist squad did not continue investigating the case after Ms Bates’ post-mortem.
“We didn't have that direct link to a homicide as to cause of death,” she said.
Prosecutor Matthew Cookson has alleged Torney had taken on duty of care for Ms Bates.
However, Torney's lawyer Hayden Rattray disputed that, asking for clarification of how they alleged his client voluntarily assumed that duty.
The hearing will resume in November for final submissions.
– AAP
20°C