John Torney: Man accused of assault charges over Emma Bates’s death was being supervised in the community over similar offences committed two years ago

A man charged with a string of crimes over the death of a vulnerable woman had been released from prison and placed on supervision in the community after committing similar charges two years earlier.

Emma Bates, 49, was found dead at her home in Cobram, close to the NSW border in Victoria’s far north, about 2.15pm on Tuesday after suffering injuries to her upper body and face.

John Torney, 39, who lived next door, was charged on Wednesday evening with intent to cause injury, recklessly causing injury, common assault, aggravated assault on a woman and unlawful assault for Ms Bates’ death.

However, it is understood there will be no murder charges as forensics could not immediately confirm her cause of death, or whether Torney’s alleged attack caused it.

An autopsy may take weeks to determine the cause of death, if at all.

It can now be revealed that Torney had been serving a Community Supervisions Order for crimes committed in Robinvale, four hours north-west of Cobram, in 2022.

Corrections Victoria declined to comment.

Torney, who has also spent much of his life in Mildura, was planning to move away from the Sunraysia region of north-west Victoria for a ‘fresh start’ and had moved to Cobram to join his mother and two brothers to live in the house next to Mrs. Bates.

But Ms Bates’ family said his move made ‘Mildura’s problem become Cobram’s problem’.

“Emma has detailed so many issues recently,” Ms Bates’ sister Rachel told Daily Mail Australia.

“Frequent fights, drug activity, police, the house was destroyed repeatedly and the government stepped in and repaired it.

‘Emma even received an anonymous letter warning her of John’s history when he moved in. She hated the man.”

Daily Mail Australia approached one of Torney’s brothers for comment on Thursday, but he threw a can at the fence.

Ms Bates’ family said they could not fathom why police had not laid more serious charges.

“We don’t understand,” Rachel said.

‘It appears the coroner believes her diabetes played a role in her death.

“Anyway, I still don’t understand… why it’s not manslaughter. Regardless of whether a pre-existing condition contributed, his (alleged) actions led to her decline.”

Victoria Police declined to comment.

Rachel said she hasn’t been able to talk to her sister for “a few weeks.”

“Which wasn’t normal, and siblings who had managed to get through were sent away and there was always an unknown man in the background,” she said.

“We had shared messages and photos during that time. A silly cat photo always brightened her day.”

Police had previously said that Bates and Torney knew each other and were widely rumored to be in a relationship.

But Ms Bates’ family confirmed she and Torney had only known each other for weeks, not months, and revealed the 49-year-old ‘hated’ him.

‘Emma knew what kind of person John was. She hated him,” Rachel said.

“Somehow we don’t know how he ended up in her life.

‘Emma lived to help the underprivileged and misunderstood. She had the biggest heart of anyone I know. This connection with John lasted for weeks. Not months or years.’

Rachel paid tribute to her sister and said she did not let her lifelong health problems get in the way of helping others in the Cobram community.

‘She had type 1 diabetes, which caused many health complications, she was often hospitalized. She used her mobility scooter to get around,” Rachel said.

“Despite all her health problems, she had the biggest heart of anyone we know. She was always helping someone.

‘Drop off food for an elderly neighbor. Giving lifts to people who needed them. The list goes on.’

Ms Bates’ family had been in Melbourne to support her father who was receiving medical treatment.

‘When he returned to Cobram it was at a crime scene at his daughter’s house. We initially thought she had had a medical event,” Rachel said.

“When the police informed us that she had (allegedly) been attacked and left to die, it devastated our world. The life of a beautiful, caring woman has just ended. It all doesn’t make sense.’

Rachel, who did not want to give her last name to protect her parents’ privacy, lovingly described her sister as the “crazy cat lady aunt.”

“She had her rescues that she treated like her babies. Her interior was completely inspired by cats,” she said.

‘Emma was not blessed with children, but was a proud aunt to her seventeen nieces and nephews.

‘They were her pride and joy and she would talk to everyone about them for hours. She had many of their faces tattooed on her leg so she could always carry them with her.

“Tragically, her big heart led her to a friendship with a man who (allegedly) wanted her harm. Nobody deserves that.’

So far this year, 25 women have been murdered in Australia as the country grapples with an epidemic of violence against women and girls.

Torney faced an out-of-court hearing Thursday evening.

He will appear at Shepparton Magistrates’ Court on Friday.

A team of detectives and forensic officers searched Ms Bates’ home on Wednesday for evidence and spoke to neighbors as part of the investigation.

As police walked in and out the front door, a wheelchair, a cat scratching post and an exercise bike were seen abandoned in Ms. Bates’ covered parking lot.

Friend Kylie Mizzi, whose parents lived next door to Ms Bates for many years, told Daily Mail Australia she was a “beautiful soul”.

“She always helped my elderly parents and had a big heart, was warm and loving,” she said.

“I’m completely shocked that something like this could happen to such a beautiful soul.”