NSW Police watchdog to investigate officers' response to Lindy Lucena's fatal bashing

Australia Broadcast Center

2 days ago

The NSW Police watchdog will hold an investigation into the conduct of officers who took almost an hour to respond on the night Lindy Lucena was killed by her abusive partner, following an ABC investigation.
The decision by the Law Enforcement Conduct Commission (LECC) comes after the ABC revealed NSW Police's delay in responding to a triple-0 call about a man "bashing" a woman where Ms Lucena's body was later found.
Officers then failed to get out of the car to investigate when they arrived at the scene in Ballina, on the state's north coast, on January 3, 2023.
NSW Police refused to launch a critical incident investigation into the case and maintained its response that night was "appropriate", prompting Ms Lucena's family to call for answers.
On Friday, the LECC announced it was investigating the conduct of the police officers involved in the response to the assault of Ms Lucena and her subsequent death at the hands of Robert Huber.
The independent body will assess whether the officer's response amounts to serious misconduct or serious maladministration.
Ms Lucena's daughter, who does not wish to be identified, says she is thankful her mother's case was being taken seriously.
"The family and friends of my mum are thankful for her passing and the events on this night being taken seriously," she told the ABC.
NSW Police issued a statement not long after the watchdog's announcement, saying it "notes the decision by the Law Enforcement Conduct Commission (LECC) to investigate the incident".
"As the investigation is yet to commence, it would be inappropriate to comment further at this time," it said.
Last month, NSW Police Minister Yasmin Catley announced the state coroner would hold an inquest into Ms Lucena's case.
The ABC understands the coroner accepted the LECC's investigation would not interfere with the coronial proceedings.
The commission's announcement was prompted by a complaint by Greens MP and MLC Sue Higginson.
"What motivated me was learning of the facts and circumstances, but also it was the calls of Lindy's daughter," Ms Higginson said.
"Loved ones need accountability and communities need accountability."
A report will be prepared at the conclusion of the investigation.
On the night Ms Lucena was beaten to death, a witness called triple-0 to report "a man was bashing the hell out of this woman" at the location where her body was later found.
Police were attending other jobs and took almost an hour to respond to the call.
When an officer did attend the scene, he did not get out of his patrol car to investigate.
Ms Lucena's body was found several hours later when her partner, Robert Karl Huber, led police back to the scene himself.
A Supreme Court judge last month found it was "likely" Ms Lucena was lying just metres from where that patrol car drove past, badly injured or already dead.
When previously asked by ABC News why a critical incident investigation was never declared, NSW Police said an internal review of the case shortly after her death found their response was "appropriate".
"Police attended the scene, however, were unable to locate the 64-year-old woman due to inconsistent information provided to emergency services."
LECC previously told ABC News it asked NSW Police for an explanation as to why a critical incident was never declared, but the force refused to provide its reasons.
Huber was charged with murder and faced trial in Coffs Harbour last month.
A judge found Huber not guilty of Ms Lucena's murder, but guilty of manslaughter.
He is expected to be sentenced later this year.