A damning new report from the Law Enforcement Conduct Commission (LECC) has detailed critical failures in the police response to the death of Lindy Lucena, who was beaten to death by her partner Robert Huber on January 3, 2023. While the report found the police response was inadequate, it stopped short of deeming it serious misconduct.
“The commission criticized officers for not getting out of their cars, stating it would have been 'good policing practice' to walk around.”
Key Findings
- A witness called Triple Zero (000) to report a man assaulting a woman at the property where Lucena's body was later found.
- The call was miscategorized as "concern for welfare" rather than an assault, a fundamental error that downplayed the urgency of the situation.
- Police took nearly an hour to respond. Upon arrival, officers did not leave their patrol cars; they conducted a three-minute patrol from inside their vehicles and left.
- Lucena's body was discovered hours later, only after Huber led police to the scene.
LECC Criticism
The commission was highly critical of the officers' decision to remain in their vehicles. It noted that by doing so, they may have missed hearing Huber making noises or other signs of distress inside the property.
However, the commission did not conclude that getting out of the cars would have saved Lucena's life.
Systemic Issues
The LECC identified deep-seated failures in the Triple Zero dispatch system and radio room, attributing the delays and miscategorization to human error.
The commission made four recommendations for NSW Police to improve the call system and staffing.
Critical Incident Declaration
The report revealed that senior officers considered whether to declare the case a critical incident—a designation that triggers a more rigorous and transparent investigation—but this decision was not communicated to the family or the public.
Four recommendations were made to improve transparency and accountability regarding such decisions.
Statements
- Lucena’s daughter stated her belief that her mother could have been saved with a more serious police response.
- Greens MP Sue Higginson, who lodged the initial complaint, declared that Lucena was failed by the system.
- NSW Police Commissioner Mal Lanyon’s legal counsel argued that the officers involved were subjected to an unfair public attack.
Recommendations
The LECC has made eight recommendations to NSW Police, including:
- An urgent review of the Triple Zero call system.
- Improved guidelines and training for critical incident declarations.
- Using the case as a training scenario for all officers.
A coronial inquest is pending, scheduled to proceed after the conclusion of all criminal court appeals.