Man accused of killing Lindy Lucena in Ballina pleads guilty to earlier assault
A Lismore man accused of killing his partner has pleaded guilty to assaulting her the month before her death, while maintaining his plea of not guilty to murder.
Robert Karl Huber is accused of killing Lindy Lucena on the night of January 3, 2023, after her battered body was discovered in a laneway at Ballina, in northern New South Wales.
On the first day of a judge-alone trial at the Supreme Court in Coffs Harbour, Mr Huber reversed a previous not-guilty plea over an assault against Ms Lucena eight days before her death.
Reading agreed facts signed by Mr Huber, Crown Prosecutor Susan Oliver said the assault took place when the couple were living in a caravan park after being displaced by the 2022 floods.
"On the evening of December 26, 2022 during an argument the accused punched the deceased in the face, giving [her] a black eye," Ms Oliver said.
The crown prosecutor told the court the accused and deceased had a "mutually loving" relationship marked by volatile outbursts from Mr Huber.
The court heard this became worse after the pair became homeless, having moved out of the caravan park in the days before Ms Lucena's death.
Ms Oliver said the pair had decided to sleep in a courtyard behind the Ballina Salvation Army store on the evening of January 2, after moving their belongings there earlier that day.
She said police were first informed about Ms Lucena's death after Mr Huber went to the Ballina Police Station in the early hours of the following day.
The court heard Mr Huber told police he had woken up from a nap and found Ms Lucena unresponsive.
He went with police to the laneway, where officers found Ms Lucena's body.
"He denied knowing how she got the blood and injuries to her face," Ms Oliver said.
Seated in the dock, Mr Huber shook his head as the prosecution said Ms Lucena's cause of death was due to injuries from a "sustained assault of numerous blows".
Delivering his opening statement for the defence, barrister Jason Watts said he would argue that it could not be proved beyond reasonable doubt that any assault by the accused on the deceased caused her death.
Mr Watts referred to post-mortem reports that found brain swelling was not included among Ms Lucina's injuries.
"In [the report's] view, that is because death occurs before those changes can take place in the brain," he said.
The court heard testimony from witnesses including bystanders and medical experts would be heard over approximately eight days of hearings.
Hashtags
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
News.com.au
an hour ago
- News.com.au
Huge delays on Sydney's M4 after car, truck crash at Minchinbury
A four-vehicle crash has caused major delays on Sydney's M4, one of the main citybound routes from the city's western suburbs. Three cars and a truck collided on the M4 eastbound at Minchinbury - between Wallgrove Rd and the M7 offramp - at about 5.50am on Thursday, police say. Two of the three eastbound lanes have been closed approaching the M7, with motorists warned to expect delays. Live Traffic NSW's map showed significant traffic jams stretching as far as 10km. Traffic cameras near the scene show significant congestion as commuters begin their morning journey towards the city, with banked-up vehicles stretching for kilometres. Paramedics treated one of the car drivers – a 65-year-old woman – at the scene, before she was taken to Westmead Hospital in a stable condition. The other drivers - a 25-year-old man, a 38-year-old man, and the 42-year-old truck driver - were all uninjured in the collision. The incident is under investigation by officers from the Traffic and Highway Patrol Command. Anyone with information or footage of the crash has been urged to come forward and contact Crime Stoppers. Traffic appears to have begun easing as of 8am, though significant delays are still expected.
ABC News
an hour ago
- ABC News
David McBride lodges High Court application to challenge conviction
Former military lawyer David McBride has lodged a special leave application in the High Court in a bid to challenge his conviction for sharing classified material with journalists. The ACT Supreme Court jailed McBride for five years and eight months for theft and leaking the material to three journalists. He was to face a jury but pleaded guilty when it became evident the court would not allow his basic defence that it was his duty to share the documents in the public interest. His point was that soldiers in Afghanistan were being "over-investigated" for alleged war crimes and he wanted the public to know. McBride appealed against his sentence and conviction, but that was thrown out earlier this year. His High Court appeal canvasses the same issues, drawing a distinction between disciplinary duties and duties of office, and relying on the Oath of Allegiance to the Sovereign. The oath, which McBride made to Queen Elizabeth II, includes a promise to serve the sovereign according to law, and "… faithfully discharge my duty according to law". The appeal centres on the scope of that duty. His lawyers say in their submissions to the High Court, that the ACT Court of Appeal "… erroneously assumed that a duty of service requires unqualified obedience to orders". The appeal court remarked that if it accepted McBride's argument it would "… also extend to conduct of members in all spheres of a member's military service, including on the battlefield". McBride's lawyers say in their High Court application they are not encouraging general defiance of orders, but rather suggesting it should be recognised "duty cannot be reduced to blind obedience". "… the applicant sought to communicate to the public evidence of serious misconduct at the highest levels of military command." the submissions to the High Court say. "An insistence that duty is wholly defined by orders strips away the necessary safeguard against executive overreach and ignores the principle that duty is judged by law, not merely military command." The application even cites the Nuremberg War Crimes Tribunal after the Second World War "which recognised following orders is no defence to actions that violate fundamental principles of law, such as crimes against humanity". "There must be circumstances where a soldier can and indeed must, disobey orders — even if those orders are authorised pursuant to military law." Only the ABC used the material David McBride provided, in a series called the Afghan Files, which revealed allegations Australian soldiers were involved in illegal killings in Afghanistan. This was not, of course, what David McBride had hoped to achieve by handing over the documents. He had begun copying the material, printing it and taking it home in 2013. A search showed he had removed 235 documents, 207 of which had a secret classification. McBride knew for a long time he would face charges. During the investigation the ABC was raided by Australian Federal Police looking for evidence in the case. It was not until 2019 that he finally appeared in the ACT Magistrates Court, with even longer to wait for trial, after interruptions from the pandemic. He is now in Canberra's jail. It is not known when the High Court will consider the application.
News.com.au
an hour ago
- News.com.au
Warnings to residents after huge blaze at factory in Hallam, Melbourne
An arson chemist has been called to investigate a suspicious fire at what is believed to be a school uniform shop in Melbourne's southeast. The building was engulfed in flames when firefighters arrived at the scene on the Princes Highway at Hallam just after midnight on Thursday. Crews from Fire Rescue Victoria (FRV) and the Country Fire Association (CFA) battled the blaze for hours until it was deemed under control just after 3am. A warning was issued to neighbouring communities as smoke plumed from the blaze. Residents were warned to stay informed and be aware that they may see or smell smoke. Ambulance Victoria and Victoria Police also responded to the fire and a building surveyor was also on the scene. A Victoria Police spokesman confirmed the fire was being treated as suspicious, and fire crews remain on the scene to fully extinguish the blaze. An arson chemist will visit the Princes Highway site later on Thursday to determine the cause. Anyone who has any information or footage of the fire has been asked to contact Crime Stoppers.
