Coroner weighs perjury case for birthkeeper

Victorian coroner Therese McCarthy is considering referring birthkeeper Emily Lal to prosecutors for perjury following new forensic analysis of a phone. The inquest examines the death of Stacey Warnecke, a 30-year-old nutritionist who died in September 2025 at Frankston hospital in Melbourne after a home birth.

Warnecke paid Lal $6,000 for support during her pregnancy. The inquest began in June, but proceedings paused to allow for the forensic examination of Warnecke's device. Hearings resumed on Monday, October 26, with new evidence presented to the court.

Rachel Ellyard, counsel assisting the coroner, stated that the phone analysis revealed messages that conflict with Lal's earlier testimony. Lal had previously told the court that she acted primarily as a supportive friend and that the fee covered her time rather than medical advice. Ellyard presented a WhatsApp group chat coordinated by Lal for women choosing freebirth, along with a recorded call between Lal and Warnecke.

During the call, Warnecke expressed fear of the hospital. Lal responded, "You should be scared of the hospital." She described the facility as "a terrifying place" and argued that staying home required a solid mindset. Lal also suggested that midwives at home births might inadvertently sabotage them by suggesting hospital transfer when labor runs long. Ellyard argued this material contradicted Lal's claim that she gave no medical advice.

Lal had previously stated she was not clinically trained and would not call an ambulance unless asked. Ellyard rejected this view, stating that Lal provided advice, referrals, and supplements. She described the arrangement as structured and deliberate, rather than informal. Ellyard noted that Warnecke's husband, Nathan, had been reassured into believing his role was to provide passive support.

Lal declined an invitation to return for further evidence after the phone analysis. She had originally testified under a certificate of protection, which prevents her evidence from being used against her in future proceedings. Ellyard told the coroner she could find Lal was not truthful and refer the matter to the Office of Public Prosecutions for the offence of perjury.

The court heard that Lal asked Warnecke three times if she wanted an ambulance after Warnecke lost up to 1.5 litres of blood and struggled to breathe. Warnecke agreed on the third attempt but was seriously unwell when paramedics arrived. She died hours later after the hospital exhausted its blood supply. Ellyard stated that Warnecke would have survived if she had been in a hospital, as postpartum haemorrhage is a treatable complication. The coroner will deliver her findings at a later date.