Victorian Coroner Considers Perjury Charge for Birthkeeper Emily Lal

Forensic phone records indicate that birthkeeper Emily Lal coached pregnant women to view hospital care as a failure, directly contradicting her prior court testimony. Counsel assisting the coroner, Rachel Ellyard, told the Victorian Supreme Court on Monday that the data supports a potential referral to the Office of Public Prosecutions for perjury.

The evidence centers on the death of Stacey Warnecke, a 30-year-old nutritionist who died in September 2025 at Frankston Hospital. Warnecke had paid Lal $6,000 to support her during a planned home birth. After giving birth, Warnecke suffered a massive postpartum hemorrhage, losing up to 1.5 liters of blood before paramedics arrived.

Lal previously testified in June that she was not clinically trained and that her role was primarily to act as a supportive friend. She stated that the fee covered her time rather than medical advice. However, the forensic analysis of Warnecke's phone revealed a WhatsApp group chat coordinated by Lal for women choosing freebirth, along with numerous messages that suggest a more structured dynamic.

A recorded phone call between Warnecke and Lal was played to the court. Warnecke expressed fear of the hospital, asking for a wise woman to guide her during labor. Lal responded, "You should be scared of the hospital." She described the hospital as a terrifying place and argued that a solid mindset was the key to staying home.

Lal told Warnecke that midwives often inadvertently sabotage home births by urging women to go to the hospital if labor drags on. She claimed she managed her own energy to avoid subconsciously sabotaging a birth. Ellyard argued this contradicted Lal's claim that she never gave medical advice and only shared personal experiences.

Ellyard stated that the evidence shows Lal "groomed" her clients to resist the temptation to seek medical help. She described Lal as an expert who provided advice, referrals, and supplements, a role far more deliberate than simply pulling hair back or wiping a forehead. The counsel noted that Warnecke's husband, Nathan, was also reassured that his role was to sit back and support.

Lal was invited to return to the bench to address the new phone evidence but declined. She had previously given testimony under a certificate of protection, which prevents her evidence from being used against her in future proceedings. Ellyard told Coroner Therese McCarthy that it is now open to the coroner to find that Lal was not truthful.

The court heard that Lal asked Warnecke three times if she wanted an ambulance called after the placenta was delivered and Warnecke began struggling to breathe. Lal had previously testified that it was not her responsibility to call an ambulance against a client's wishes, even if the woman was unconscious.

Warnecke agreed to an ambulance on the third ask. She arrived at the hospital seriously unwell. Medical staff exhausted the hospital's blood supply in an attempt to save her. Warnecke died several hours later from complications related to the hemorrhage.

Ellyard stated that Warnecke would have survived if she had been in a hospital, as postpartum hemorrhage is a common and treatable complication. She added that Warnecke would also have survived with a registered midwife present. The coroner is scheduled to deliver findings at a later date.