Emily Lal may face perjury charges after phone records contradict her testimony

Stacey Warnecke, a 30-year-old nutritionist, paid birthkeeper Emily Lal $6,000 to assist with her home birth. Warnecke died in September 2025 at Frankston hospital in Melbourne after suffering a massive postpartum hemorrhage. Her death has now triggered a potential criminal referral for Lal, who testified earlier in the inquest that her role was informal.

Hearings resumed on Monday after a delay for the forensic analysis of Warnecke's phone. Rachel Ellyard, counsel assisting the coroner, presented messages and a recorded call that contradict Lal's June testimony. Lal had told the court she was hired primarily to act as a supportive friend and that the fee covered her time rather than medical advice. Ellyard stated that the digital evidence shows Lal coordinated a WhatsApp group for women choosing freebirth and provided structured guidance.

In a call played to the court, 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 told Warnecke that midwives sometimes inadvertently sabotage home births by suggesting a hospital transfer, a move Lal attributed to midwife exhaustion. Lal stated she managed her own energy to avoid subconsciously sabotaging clients.

Ellyard argued that Lal held herself out as an expert capable of meeting the needs of pregnant women despite having no clinical authority. The counsel noted that Lal provided advice, referrals, and supplements, actions inconsistent with the role of a casual friend. Ellyard said Warnecke placed considerable trust in Lal, viewing her as a wise woman who would help keep her safe. Warnecke's husband, Nathan, was also described as being reassured that his role was limited to passive support.

The medical evidence indicates Warnecke lost up to 1.5 liters of blood and struggled to breathe after delivering the placenta. Lal asked Warnecke three times whether she wanted an ambulance called. Warnecke agreed the third time, but paramedics arrived after she had already deteriorated significantly. The hospital exhausted its blood supply in an attempt to save her. Ellyard told the court that Warnecke would have survived if she had been in a hospital or attended by a registered midwife.

Lal previously testified that it was not her responsibility to make the birth safer or to call an ambulance unless specifically asked, even if the woman was unconscious. She sought a certificate of protection to prevent her testimony from being used against her in future proceedings. Lal has declined an invitation to return to court to give further evidence following the new phone analysis.

Ellyard told Coroner Therese McCarthy that it would be open to her to find Lal committed perjury based on the falsity of her earlier evidence. The counsel recommended a referral to the Office of Public Prosecutions. The coroner will deliver her findings at a later date.