Lindy Lucena was attacked and killed by her partner Robert Huber in 2023. An independent watchdog has cleared NSW police officers of serious misconduct but found they 'did not meet minimum standards' on the night she was killed in Ballina.
Inadequate Response to Triple Zero Call
At 7pm on 3 January 2023, NSW police received a triple zero call reporting that a woman was 'being bashed' behind the Salvation Army building in Ballina. The caller said: 'I'm just letting you know, there's a woman getting bashed behind Salvation Army in Ballina and that's all I got to say I don't want to be reported or anything.' Almost six hours later, Huber walked into Ballina police station, saying he thought his partner was dead, and led officers to her body.
Watchdog Investigation
The Law Enforcement Conduct Commission (Lecc) investigated the delayed response after concerns from Lucena's family and Greens MP Sue Higginson. The final report, handed down on Tuesday, found no misconduct but noted an inadequate response: two officers attended the scene but did not get out of their cars while Lucena was lying nearby, either dying or dead.
Delays in Dispatch
The emergency call was logged as a priority 2 job. Procedures require 'reasonable efforts' to broadcast such jobs within 90 seconds, but the first broadcast was made seven minutes later due to a dispatch assistant's mistake. The job was broadcast again at 7.24pm and 7.34pm, despite requirements to re-broadcast every 60 seconds. The commission found the prioritisation appropriate, as officers were responding to a minor road accident and were influenced by the single caller, presuming the assault was not serious.
Officers Failed to Search
When two officers responded 45 minutes after the first broadcast, they drove slowly down Holden Lane but did not get out of their cars. Within three and a half minutes, they called back, stating they had seen nothing. The watchdog found this failure amounted to an 'inadequate police response'. The report stated: 'Officers C and D certainly were not aware that Ms Lucena had been seriously assaulted and was perhaps already deceased within metres of their police vehicles, hidden behind the fence.' It concluded the decision did not warrant serious disciplinary action but did not meet minimum policing standards.
Conviction and Sentencing
Huber, 69, was acquitted of murder but convicted of manslaughter in July 2025 and sentenced to almost 13 years in prison. Justice Stephen Rothman found Lucena likely died at about 7.20pm or just after 9.30pm from a combination of factors.
Police Commissioner's Comments 'Misconceived'
In February, legal counsel for Police Commissioner Mal Lanyon warned the watchdog against an 'unfair public attack' and argued officers did their best under 'trying circumstances'. The commission dismissed this submission as 'misconceived', stating that the lack of serious misconduct does not mean the investigation was unjustified.
Recommendations
The watchdog recommended an urgent review of radio room operations and critical incident guidelines. Commissioner Anina Johnson said: 'One of the challenges of policing is that any one job may mean the difference between life and death. But for police on the ground, it may not be clear which job that will be. All jobs need to be done diligently.'
