NSW Police response to Lindy Lucena's fatal bashing to be probed by watchdog

Nearly three years ago, Lindy Lucena died after being brutally beaten by her abusive partner outside a charity store on the NSW north coast.

A passer-by told Triple Zero (000) a man was "bashing the hell out of his woman" behind a Salvation Army centre in Ballina just after 7pm on January 3, 2023.

The nearest police station was 600 metres away, but the partner's manslaughter trial would later hear it took officers almost an hour to get to the scene.

Police were attending other jobs, but when they did respond, the court heard they did not see anything suspicious or get out of their patrol car to investigate.

Robert Karl Huber presented to the police station before 1am the next morning.

He led officers to the 64-year-old's body in the laneway next to the Salvation Army — several hours after Triple Zero was called. 

Huber was sentenced to 12 years imprisonment in September this year, after being convicted of manslaughter over the "serious injuries" and "significant head traumas" he inflicted on Ms Lucena.

Huber's trial heard officers checked a laneway but not the courtyard where she was on the other side of the fence.

An officer who responded to the Triple Zero call told the court he looked at the flagged area but "didn't need to leave the car to have what I considered to be a good view of those car parks" in the laneway.

Justice Stephen Rothman said in July this year there was a "misunderstanding of the location of the bashing" by police, making their attendance "unhelpful".

Justice Rothman found it was "likely" Ms Lucena was badly injured or already dead only metres away from where the patrol car drove.

The police watchdog will now probe the police response to Ms Lucena's assault and subsequent death during a four-day hearing. 

'My mum could still be alive'

Ms Lucena's sister Julie Viney said she believed her sister could still be alive if police had responded immediately.

"I just can't get it out of my head that my sister could've been saved," she said.

"As far as I'm concerned, they should've been there within five minutes. It's a small town."

Ms Viney, who died last year, made desperate pleas for a critical incident investigation to be launched, seeking answers for the police attendance delay.

Critical incidents are declared after a police response results in death or serious injury, and are both instigated and investigated in-house.

The force has never declared a critical incident over Ms Lucena's death. 

Ms Lucena's daughter this year told ABC News she also believed the Triple Zero call should have been taken more seriously.

"If the NSW Police response had been in a timely manner to match the level of severity of what was happening, it's fair to say my mum could still be alive," she said.

She added she was not criticising detectives who later investigated the case.

"We have to try and avoid situations like this happening again to anyone else."

In the months following the incident, NSW Police refused to answer the ABC's questions about the lack of internal investigation, saying it was "inappropriate" to comment while the case was before the courts.

The force maintains its response was "appropriate".

"At the time the Triple Zero call was received, police in the area were attending two incidents of self-harm and a serious motor vehicle crash," a later statement read.

"Police attended the scene, however, were unable to locate the 64-year-old woman due to inconsistent information provided to emergency services."

NSW Police Minister Yasmin Catley said the case was "deeply distressing" and acknowledged "members of the community have questions about what occurred".

This July, the NSW government announced a coronial inquest into the circumstances leading up to Ms Lucena's death, which will separately provide recommendations into the police response.

What can we expect in the hearings? 

On Wednesday, the independent body in charge of overseeing NSW Police misconduct allegations will hold public examinations under Operation Almas.

In a notice of public examination, the Law Enforcement Conduct Commission (LECC) will investigate concerns into the circumstances surrounding the Triple Zero call, discussing:

• The radio broadcast and dispatch of police after the call was made.
• The response and timing of officers after the radio broadcast.
• Actions of the officers who attended the scene.
• The decision to not declare a critical incident in relation to Ms Lucena's death, and any review of that decision.

"These hearings are intended to assist the commission to understand if there are any systemic issues that could be areas for agency improvement," the LECC said.

Witnesses called will include the officers on operational duty on January 3, 2023, as well as senior communications officers and the senior personnel who had a role in deciding to not declare a critical incident.

The commission previously told ABC News it had asked NSW Police for an explanation why a critical incident was never declared, but the force refused to provide reasons. 

Noting the LECC's investigation, NSW Police said in August it would be "inappropriate to comment" ahead of the investigation. 

The hearings are expected to finish on Monday, overseen by Commissioner Anina Johnson.