Lindy Lucena was attacked and killed by her partner Robert Huber in 2023. Photograph: AAP image
An independent watchdog has cleared NSW police officers of serious misconduct but found they 'did not meet minimum standards' on the night Lindy Lucena was killed in Ballina. The Law Enforcement Conduct Commission (LECC) released its final report on Tuesday, criticizing the police response after two officers failed to get out of their cars while Lucena lay nearby, either dying or dead.
Delayed Response
At 7pm on 3 January 2023, a triple zero call reported a woman 'being bashed' behind the Salvation Army building in Ballina. The call was logged as a priority 2 job, but due to a dispatch assistant's mistake, the first broadcast was delayed by seven minutes. The job was broadcast again at 7.24pm and 7.34pm, despite requirements to re-broadcast every 60 seconds. Two officers responded 45 minutes later but did not get out of their cars, driving slowly down Holden Lane and calling back within three and a half minutes stating they had seen nothing.
The LECC found the failure to exit the vehicles amounted to an 'inadequate police response', though not serious misconduct. The report noted the officers were unaware that Lucena had been seriously assaulted and was perhaps already deceased within metres of their vehicles.
Systemic Issues
The watchdog identified systemic issues that may have contributed to the delayed response. The officers were caught up responding to a minor road accident and were influenced by the fact that only one person had called police, leading them to presume the assault was not serious or had stopped. Officer C expressed regret but did not believe he should have done anything differently, while Officer D refuted the suggestion that they should have walked around the building.
Robert 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 or about 7.20pm or just after 9.30pm from a combination of factors.
Commissioner's Comments
The LECC also criticized the police commissioner's submission, which warned against an 'unfair public attack' on officers and argued the cost of implementing recommendations outweighed benefits. The report stated that submission was 'misconceived' and that the investigation was justified even though no serious misconduct was found. NSW police said they would consider the report and recommendations, which include an urgent review of radio room operations and critical incident guidelines.
