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Victorian Coroner Prepares Perjury Referral for Birthkeeper Emily Lal

Forensic analysis of a deceased mother's phone revealed messages contradicting the birthkeeper's testimony about her role in a fatal home birth.

By William Foster ·

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Victorian coroner Therese McCarthy has heard that birthkeeper Emily Lal may be referred to the Office of Public Prosecutions for perjury following a forensic review of a deceased mother's mobile phone. The inquest into the death of Stacey Warnecke, a 30-year-old nutritionist, resumed on Monday after a delay while investigators analyzed Warnecke's device.

Warnecke died in September 2025 at Frankston Hospital in Melbourne following a postpartum haemorrhage. She had given birth at home with Lal present and had paid the birthkeeper $6,000 for support during her pregnancy. Birthkeepers generally operate outside the medical system without clinical training.

Rachel Ellyard, counsel assisting the coroner, stated that the phone analysis uncovered numerous messages that directly contradicted Lal's earlier testimony. In June, Lal told the court that Warnecke hired her primarily as a supportive friend and that the payment covered her time rather than medical advice. Ellyard argued the digital evidence showed a more structured arrangement.

Ellyard cited a WhatsApp group chat coordinated by Lal for women choosing freebirth as part of this evidence. A recorded phone call between the two women was also played to the court. In that call, Warnecke expressed fear of hospitals, and Lal responded, "You should be scared of the hospital." Lal described the hospital as a terrifying place and stated that staying home required a mindset that was "so solid."

Lal also suggested that midwives attending home births can inadvertently sabotage the process by recommending hospital transfer when labor runs long, sometimes due to exhaustion. Ellyard rejected Lal's previous claim that she only shared personal experiences and gave no medical advice. "She was providing advice. She was providing referrals. She was selling supplements," Ellyard said.

The counsel described the arrangement as much more deliberate than a friend simply "pulling your hair back and wiping your forehead." Ellyard noted that Warnecke's husband, Nathan, had been reassured into believing his role was simply to sit back and support his wife. Lal had previously testified that she was not responsible for making the birth safer and would not call an ambulance unless asked.

Lal was invited to return to court to give further evidence after the phone analysis was completed but declined. She had originally testified only after the coroner granted a certificate of protection, which prevents that evidence from being used against her in future proceedings. Ellyard told the coroner she was free to find Lal was not truthful and refer the matter for perjury charges.

The court previously heard that Lal asked Warnecke three times if she wanted an ambulance after the placenta was delivered. Warnecke had lost up to 1.5 liters of blood and was struggling to breathe. She agreed to the ambulance on the third request but was already seriously unwell when paramedics arrived. She died in hospital several hours later after the facility exhausted its blood supply.

Ellyard stated that postpartum haemorrhage is the most common complication of childbirth and that women in well-resourced countries rarely die from it in a hospital setting. Based on medical evidence presented earlier, Ellyard said Warnecke would have survived if she had been in hospital or if a registered midwife had attended the home birth. The coroner will deliver her findings at a later date.

Source: The Guardian

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