Victorian Coroner Weighs Perjury Charge Against Birthkeeper Emily Lal

Coroner Therese McCarthy is considering referring birthkeeper Emily Lal to prosecutors for perjury following new digital evidence. This decision comes after a forensic analysis of the phone belonging to Stacey Warnecke, who died in September 2025 at Frankston hospital.

The inquest resumed on Monday after delays while investigators examined Warnecke's device. Rachel Ellyard, counsel assisting the coroner, presented the findings. The analysis uncovered numerous messages, including content from a WhatsApp group chat organized by Lal for women interested in freebirth. The court also heard a recorded phone call between Lal and Warnecke.

In that call, Warnecke expressed fear of hospital settings. Lal responded that Warnecke should be scared of the hospital, describing it as a terrifying place. Lal argued that staying home required a solid mindset and physical condition. She also suggested that midwives at home births could inadvertently sabotage the process by recommending hospital transfer due to exhaustion or prolonged labor.

These statements directly contradicted Lal's earlier testimony from June. At that time, Lal told the court she served primarily as a supportive friend. She stated the $6,000 payment covered her time rather than medical advice. Ellyard argued the new material showed Lal groomed clients to resist seeking medical help during labor, pain relief, or hospital transfers.

Ellyard described the arrangement as much more structured and deliberate than a casual friendship. She noted Lal was providing advice, making referrals, and selling supplements. The counsel added that Warnecke's husband, Nathan, was reassured or indoctrinated into believing his only role was to sit back and support his wife. Lal declined an invitation to provide further evidence after the phone analysis was completed.

Lal originally testified under a certificate of protection, which prevents her evidence from being used against her in future proceedings. Ellyard stated it would be open to the coroner to find Lal was not truthful and refer her to the Office of Public Prosecutions. The office prepares and conducts criminal matters on behalf of the director.

Warnecke, a 30-year-old nutritionist, died after losing up to 1.5 liters of blood following a postpartum hemorrhage. Lal had asked Warnecke three times if she wanted an ambulance. Warnecke agreed the third time, but was seriously unwell by the time paramedics arrived. The hospital exhausted its blood supply before Warnecke died. Ellyard stated Warnecke would have survived if she had been in hospital or with a registered midwife.