An accused killer’s committal hearing has been pushed back after his brother allegedly burned down the family home.
John Torney, 40, faced Melbourne Magistrates’ Court via video link on Tuesday for the start of his committal hearing over the death of Cobram woman Emma Bates.
But prosecutor Matthew Cookson asked for the hearing to be adjourned because two key witnesses — Mr Torney’s brother and mother — were no longer available to give evidence.
Mr Torney’s brother had been charged and was in police custody after allegedly setting fire to the family home on Sunday, Mr Cookson said.
Police had attended the property to carry out a welfare check when the man allegedly started the uncontrollable blaze, the prosecutor said.
The home was destroyed and Mr Torney’s mother was left homeless without any of her possessions, Mr Cookson told the court.
The woman was physically okay after being hospitalised, but she was not mentally ready to give evidence, the prosecutor said.
Mr Cookson applied to have the committal hearing adjourned, saying it was impossible to finalise the case without hearing from the two witnesses.
Mr Torney’s barrister Hayden Rattray highlighted that his client had been in custody since April 2024, noting the case could proceed without those prosecution witnesses.
But magistrate Stephen Ballek described the circumstances as “extreme” and allowed the adjournment given the seriousness of the charges.
Mr Torney was remanded to appear in Melbourne Magistrates’ Court in October for a four-day committal hearing.
It is alleged he knew Ms Bates, 49, who was found dead inside a Cobram property on April 23, 2024.
Police initially charged Mr Torney with 13 offences, including intentionally causing injury, several counts of assault and breaching a court order.
An additional charge of negligent manslaughter was laid against Mr Torney in December.