A man has pushed for his negligent manslaughter charge to be dropped, arguing he did not hold a duty of care for a woman who died.

Emma Bates, 49, was found dead at her home at Cobram near the NSW-Victoria border on April 23, 2024.

She had allegedly been struck to the head by her neighbour and short-term partner John Torney, 40, in the days before she died.

But a forensic pathologist told Melbourne Magistrates Court diabetic ketoacidosis, a condition involving high sugar levels, was the likely cause of her death.

Prosecutor Matthew Cookson on Wednesday argued Torney still owed a duty of care to Ms Bates because they were in a de facto relationship, given they were intimate and living together.

Torney's barrister Hayden Rattray challenged that claim, arguing they had only been in a rel

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