Latest news with #LindyLucena
ABC News
3 days ago
- ABC News
NSW Police watchdog to investigate officers' response to Lindy Lucena's fatal bashing
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.
ABC News
31-07-2025
- ABC News
Coronial inquest announced into death of Lindy Lucena following ABC investigation
The bashing death of Lindy Lucena by her violent partner and the police response on the night she was killed will be examined by a coroner following an ABC investigation. ABC News revealed earlier this week NSW Police took almost an hour to respond to a triple-0 call about a man "bashing" a woman where Ms Lucena's body was later found. It also revealed officers then failed to get out of the car to investigate when they arrived at the scene in Ballina, on the NSW 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 and the police watchdog to call for answers. When asked about the case at a press conference by ABC News on Thursday, NSW Police Minister Yasmin Catley announced the coroner would hold an inquest into Ms Lucena's case. "I think it's very responsible for the coroner to be looking at that. They are the best person placed for that," Ms Catley said. "They have extensive powers, they will look at the police response and they will provide recommendations … We will consider them once we receive them." On the night Ms Lucena was beaten to death by her abusive partner, Robert Huber, 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 Huber led police back to that scene himself. A Supreme Court judge this month found it was "likely" Ms Lucena was lying just metres from where that patrol car drove past, badly injured or already dead. Ms Lucena's daughter, who spoke publicly for the first time to ABC News this week, called for an independent investigation into the police response on the night her mother was killed. Her daughter, who does not want to be identified, said Thursday's announcement was "nothing short of what is deserved". "An independent review is the only thing that could be transparent and trusted in an honest look at the domino effect of what went wrong on the night of 3rd January, and ultimately resulted in a loved family member and friend losing their life. Ms Lucena's daughter said loved ones deserved answers. "All we want are answers and some closure in knowing what should have happened and reassurance in that this will not happen again for any other person or family … That my mum's life mattered and her death and our loss is seen as important and treated with the respect it deserves." Ms Lucena's partner 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. When 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". "At the time the triple-0 call was received, police in the area were attending two incidents of self-harm and a serious motor vehicle crash," a statement said. "Police attended the scene, however, were unable to locate the 64-year-old woman due to inconsistent information provided to emergency services." The Law Enforcement Conduct Commission (LECC) 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. "The commission holds concerns about this approach as the commission cannot be satisfied that the discretion was exercised reasonably where the reasons for the decision have not been provided to the commission," the LECC said in a statement. Ms Lucena's sister Julie Viney, who died last year, previously told ABC News she also wanted a critical incident investigation or a coronial inquest into her death. Ms Lucena's daughter today said her auntie would be "feeling incredibly thankful that this decision has been made". "As a family that has seen close hand the insidious nature of domestic violence and the ultimate price that is paid primarily by women in our society, my aunty Julie was on a mission to raise awareness of my mums case and the dire consequences of what happens when domestic violence is not acted on with a sense of urgency," she said. The coroner's inquest will also examine the circumstances leading up to her death, including why Huber was granted bail eight days earlier after assaulting Ms Lucena.
ABC News
26-07-2025
- ABC News
Loved ones, watchdog raise concerns about NSW Police response to Lindy Lucena's fatal bashing
On the night Lindy Lucena was beaten to death by her abusive partner, Robert Huber, 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 took almost an hour to respond to the call and when an officer did attend the scene, he did not get out of his patrol car to investigate. NSW Police maintains its response that night was "appropriate", despite a Supreme Court judge this month finding it was "likely" Ms Lucena was lying just metres from where that patrol car drove past, badly injured or already dead. Her body was found several hours later when Huber led police back to the scene himself. Ms Lucena's daughter, who has spoken publicly for the first time to ABC News, called for an independent investigation into the police response on the night her mother was killed. Her daughter, who does not want to be named, said she believed her mother could have been saved if the officers had taken the triple-0 call more seriously. "What are they trying to hide in terms of what happened？ "We have to try and avoid situations like this happening again to anyone else." Her daughter wanted to make it clear she was not criticising the detectives who took on the case after her mother's death. 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. Ms Lucena's recent murder trial laid bare the police response on the night she was killed and raised further questions about why the case was never declared a critical incident, which is an investigation overseen by the police watchdog Law Enforcement Conduct Commission (LECC). It is a decision NSW Police continues to defend, telling ABC News an internal review of the case shortly after her death found their response was "appropriate". "At the time the triple-0 call was received, police in the area were attending two incidents of self-harm and a serious motor vehicle crash," a statement said. "Police attended the scene, however, were unable to locate the 64-year-old woman due to inconsistent information provided to emergency services." At the time of Ms Lucena's death, the couple were planning to sleep in the courtyard, having left the Ballina caravan park where they had been living for months after being displaced in the 2022 Lismore floods. In a recording of the triple-0 call, the caller told the operator about 7pm on January 3, 2023: "There's a man bashing the hell out of his woman at the back of the Salvation Army in Ballina." Ms Lucena was found dead in a courtyard alongside the Salvation Army building in Ballina in the early hours of January 4, 2023. The LECC 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. "The commission holds concerns about this approach as the commission cannot be satisfied that the discretion was exercised reasonably where the reasons for the decision have not been provided to the commission," the LECC said in a statement. During the trial, the senior constable who responded to the initial triple-0 call told the court he looked at the area where the caller said a woman was being bashed but "didn't need to leave the car to have what I considered to be a good view of those car parks in Holden Lane". "My vision was to that fence. I could not see beyond that fence at all," he told the court. Holden Lane runs behind the Salvation Army building and Ms Lucena's body was found in the courtyard, on the other side of the fence. Ms Lucena's lifetime friend Ann-Marie Bostick believes NSW Police missed an opportunity to save her life. "I believe that had they responded, Lindy would still be alive," she said. "They should've got out of the car, they should've looked … when they get a call about a domestic assault, I believe they should act straight away. "How is that investigating something, by sitting in your car?" Hours after the triple-0 call was made, about 12:45am, Huber walked into Ballina Police Station and told officers he had woken to find his partner of six years dead, with no knowledge of how she had died. In handing down his verdict, Justice Stephen Rothman said "it is likely that the deceased died at or about 7:20pm ... But it may be that she died just after 9:30pm". He said "unfortunately" the police response at 7:55pm was "unhelpful, because of the misunderstanding as to the location of the 'bashing'". Justice Rothman said he could not find Huber guilty of murder because he was "not satisfied beyond reasonable doubt that the accused intended to inflict really serious injury" when he assaulted her. "However, the assault was an unlawful and dangerous act which a reasonable person in the position of the accused would have realised exposed the deceased to an appreciable risk of serious injury," he wrote. Ms Lucena's sister Julie Viney, who died last year, previously told ABC News she wanted a critical incident investigation or a coronial inquest into her death. "I think there's a lot of questions to be asked about this particular case." NSW Police Minister Yasmin Catley said the case was "deeply distressing" and acknowledged "members of the community have questions about what occurred". "This matter is still before the courts, and we need to let them do their job," the statement said. Huber will face a sentencing hearing in September. Eight days before Ms Lucena's death, Huber was charged with common assault for punching her in the face, causing a black eye. Huber was granted bail by a court registrar in a local court hearing the following day, despite no fixed address being given to the court. He pleaded guilty to assault occasioning actual bodily harm this year. Ms Lucena's daughter said the bail decision was a "catalyst" that ultimately led to her mother's death. In a statement, Acting Attorney-General Kate Washington said the NSW government last year banned registrars from making bail decisions. "This is one of a number of reforms we've implemented to better protect women from domestic and family violence, and we will continue to look at ways the law can be strengthened," she said. For Ms Lucena's daughter, her mother's death at the hands of her violent partner left an immeasurable hole in her life. "My life continues to go on, and she's just not here for the big milestones," she said. She said her mother was a "joker" who "always saw the funny side of things". "She was genuinely one of the funnest people you could ever meet," she said. "She had a heart of gold and would always be there to help her family and friends no matter what." Ms Bostick said Ms Lucena was "dearly loved" by her family and friends. "Lindy mattered, and he has taken more than one person's family away," she said. "It's a huge gap from my life ... I can't pick up the phone and ring her, we would be on the phone several times a day."
Yahoo
07-07-2025
- Yahoo
Man's 'irrational blame' before killing partner
A man has been found guilty of killing his partner after a "really serious" assault behind a charity store where the homeless couple had been staying. Robert Karl Huber, 69, had been in a volatile relationship peppered with domestic violence against Lindy "Kimmy" Lucena, whom he killed on January 3, 2023. Huber was convicted of manslaughter in the NSW Supreme Court on Monday. But he was acquitted of the more serious charge of murder. The couple had been staying in the courtyard behind a Salvation Army store at Ballina in the NSW Northern Rivers region after becoming homeless following floods in 2022. Justice Stephen Rothman found Huber committed an "unlawful and dangerous act" when the 69-year-old bashed his partner and should have appreciated the risk of serious injury. But medical expert evidence tendered at trial acknowledged Ms Lucena did not die from the wounds she suffered during the assault. "Death was not the obvious and inevitable consequence of the assault by the accused of the deceased," the judge said. Huber had not intended to commit injuries so serious that they elevated the killing from manslaughter to murder, Justice Rothman found. While the motive was unknown, the judge pointed to his anxiety and depression about being homeless, his "irrational blame" of Ms Lucena for their situation and his overall feelings of disempowerment. Found with blocked or restricted arteries, Ms Lucena could have died of an abnormal heartbeat as a result of the brutal assault, the judge said. Small amounts of methadone found in her system could have contributed to her death. Justice Rothman accepted Huber had assaulted Ms Lucena about 7pm on January 3, after hearing evidence from passerby Christopher Daley at trial in June and the triple zero call he made at the time. Police took almost an hour to respond after having difficulties locating the scene and found nothing. At 7.20pm, Lesley Hudson-Moon was walking her dogs when she saw Ms Lucena lying in the courtyard through slats in the fence. She might have already been dead, Justice Rothman said. Huber had returned from the pub when he attacked her, moved her body and attempted CPR, before possibly falling asleep. CCTV footage shown to the court showed him visit Ballina police station after midnight, leading officers to the courtyard where Ms Lucena's body lay. Huber earlier pleaded guilty to a separate assault on December 26, 2022 when he gave Ms Lucena a black eye. He remains behind bars and will face a sentence hearing on September 12. 1800 RESPECT (1800 737 732) Lifeline 13 11 14 Men's Referral Service 1300 766 491
ABC News
07-07-2025
- ABC News
Robert Karl Huber found not guilty of murder of Lindy Lucena in Ballina
A Supreme Court has found a northern New South Wales man not guilty of murdering his partner, despite "serious injuries" inflicted before her death. Robert Karl Huber had pleaded not guilty to both the murder and manslaughter of his partner Lindy "Kimmy" Lucena, who was found dead in a courtyard behind a Salvation Army centre in Ballina in 2023. In delivering his verdict at Sydney's Supreme Court on Monday, Justice Stephen Rothman said although Huber had committed a "very serious" assault, the Crown had not proven Huber intended to kill Ms Lucena. "Notwithstanding the seriousness of injuries inflicted, those injuries of themselves would not have caused death and were not serious enough to cause death," Justice Rothman said. After delivering the verdict on the murder charge, Justice Rothman found Huber guilty of manslaughter over Ms Lucena's death. At the beginning of the judge-alone Supreme Court trial, sitting in Coffs Harbour, Huber admitted to assaulting Ms Lucena on Boxing Day in 2022, eight days before her death. The two had been in a relationship since 2017, when Ms Lucena moved from Sydney to the Northern Rivers. At the time of her death, the pair were homeless, having left the Ballina caravan park where they'd been living for months after being displaced in the 2022 Lismore floods. In delivering his verdict, Justice Rothman said an assault by Huber led to the pair being evicted. "They were ejected from the caravan park because of violence from the accused, " Justice Rothman said. Ms Lucena's body was found in a courtyard adjoining the Ballina Salvation Army centre on January 3, 2023, where the pair had been planning to spend the night after moving their possessions there earlier in the day. The court heard in the hours leading up to Ms Lucena's death, a man walking by the Salvation Army building called triple-0, telling the operator he heard a man "bashing the hell out of his woman". It took police 55 minutes to attend the site 600 metres away from the Ballina Police Station, but officers did not sight anything suspicious. Justice Rothman told the court it was unfortunate a "misunderstanding" by police about the location of the crime meant Ms Lucena was not discovered sooner. "Unfortunately, the attendance of the police at 7:55pm is unhelpful because of a misunderstanding of the location of the bashing," he said. CCTV evidence then showed Huber attending Ballina Police Station around 12:30am on January 4. The court heard that Huber told police he had awoken from a nap and found Ms Lucena unresponsive. Body worn camera evidence was played for the court that showed Huber leading police to the Salvation Army courtyard, where Ms Lucena's body was found and Huber was arrested. Summarising expert medical evidence heard during the trial, Justice Rothman said Ms Lucena's death was not solely caused by the serious assault committed by Mr Huber. "Each of the pathologists expressed the opinion that there were numerous blows that cannot be counted. The damage inflicted was serious," he said. "Given her significant heart condition, the stress of being bashed… could contribute to a coronary arrhythmia, which combined with [heart disease] could contribute to death." Justice Rothman adjourned the case, which will return to the Lismore Supreme Court in September for sentencing.
