John Torney's shocking court act as he appears in front of a magistrate over Emma Bates' alleged brutal death and details emerge of his drug withdrawals

A man accused of a slew of assault charges over the death of a vulnerable woman  gave the middle finger to media when he appeared in court. 

Emma Bates, 49, was found dead inside her Cobram home, close to the NSW border in Victoria's far north, about 2.15pm on Tuesday, having suffered injuries to her upper-body and face.

John Torney, 39, who lived next door, was charged with 13 different assault offences over Ms Bates' death on Wednesday night.

Court documents revealed Ms Bates had taken an intervention order out against Torney shortly before she died.

A dishevelled Torney appeared in Shepparton Magistrates' Court on Friday morning where he flicked his middle finger at the gathered media covering his high profile case.

'Victoria Police are alleging to a serious assault and contravention of the Family Violence Act,' said prosecutor Charles Moffatt. 

Magistrate Peter Dunn interjected to ask: 'Causing injury?'

'At this stage, your honour,' said Mr Moffatt.

It is understood there will be no murder charge because forensics were unable to immediately confirm Ms Bates' cause of death, or whether Torney's alleged assault caused it.

An autopsy could take weeks to establish a cause of death, if at all.

Torney, who was wearing an olive green jumper over a blue-and-white baggy top and grey tracksuit bottoms, glared over at the reporters covering his case. 

The court heard he 'identifies a as aboriginal' and was suffering from withdrawal issues due to heavy methamphetamine use. 

Torney's lawyer did not apply for bail. He was remanded in custody and will next appear in May.  

Daily Mail Australia understands none of Ms Bates' family were in court to witness the hearing. 

Daily Mail Australia previously revealed that at the time of Ms Bates' death, Torney had been serving a Community Supervisions Order over assault offences 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, had planned to move away from the Sunraysia region in northwestern Victoria for a 'fresh start' and had relocated to Cobram to live with his mother and two brothers in the house next to Ms Bates.

But Ms Bates' family said that with his move 'Mildura's problem became Cobram's problem'.

'Emma detailed so many problems over this time,' Ms Bates' sister, Rachel, told Daily Mail Australia.

'Frequent fights, drug activity, police, the house repeatedly smashed up and the government coming in and patching it up.

'Emma actually 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 hurled a can at the fence. 

Ms Bates' family said they could not fathom how police were not bringing any more serious charges.  

'We don't understand,' Rachel said.

'It seems the coroner may believe her diabetes played a part in her death.

'Regardless I still don't understand... how it's not manslaughter. Regardless of if a pre-existing condition contributed, his (alleged) actions led to her decline.'

Victoria Police declined to comment. 

Rachel said she had been unable to speak to her sister 'for a few weeks'.    

'Which this wasn't normal and siblings who had managed to get through were rushed off and an unknown male was always in the background,' she said.

'We had shared messages and photos in that time. A silly cat picture always brightened her day.'

Police had earlier said Ms Bates and Torney were known to one another and it had been widely reported they were in a relationship.

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

'Emma was aware of what type of person John was. She hated him,' Rachel said. 

'Somehow we don't know how he managed to get in her life.

'Emma lived to help the disadvantaged and misunderstood. She had the biggest heart of anyone I know. This connection with John was weeks long. Not months or years.' 

Rachel paid tribute to her sister, saying she did not let her lifelong health challenges get in the way of helping others in the Cobram community.

'She was a type one diabetic, this caused many health complications, she was frequently hospitalised. She used her mobility scooter to travel around,' Rachel said.

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

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

Ms Bates' family had been in Melbourne supporting her father who was receiving medical treatment.     

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

'When the police informed us she was (allegedly) assaulted and left to die it has shattered our world. A beautiful caring woman's life just gone. Nothing makes sense.'

Rachel, who did not want to provide her surname to protect her parents' privacy, described her sister in loving terms as the 'crazy cat lady aunt'.  

'She had her rescues that she treated like her babies. Her home decor was all cat inspired,' she said. 

'Emma wasn't blessed with children but was a proud aunty to her 17 nieces and nephews.

'They were her pride and joy and she would spend hours talking about them to everyone. She had many of their faces tattooed to her leg so she could carry them with her always. 

'It's tragic that her big heart has led her to a friendship with a man who (allegedly) wished her harm. No one deserves that.'

Twenty-five women have previously been killed in Australia this year as the nation grapples with an epidemic of violence against women and girls.

Torney faced an out of sessions court hearing on Thursday evening.

He will appear before Shepparton Magistrates' Court on Friday.

A team of detectives and forensic officers were seen scouring Ms Bates' home for evidence and speaking to neighbours on Wednesday as part of the investigation. 

As police trailed in and out of the front door, a wheelchair, a cat scratching post tower, and an exercise bike could be seen sitting abandoned in Ms Bates' undercover car park. 

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 huge heart, was warm and loving,' she said.

'I'm in total shock that something like this could happen to such a beautiful soul.'