Pressure is mounting on NSW Police and the State Government to ensure a fully independent investigation into the police response to the death of Ballina woman Lindy Lucena.

NSW Greens Justice spokesperson Sue Higginson saying police resourcing issues cannot be used as an excuse for what happened.

Lucena, known to her loved ones as “Kimmy,” died after sustaining serious injuries in a violent assault in a courtyard behind the Salvation Army Centre in Ballina in the early hours of January 1, 2023.

The NSW Supreme Court found her partner, Robert Karl Huber, guilty of manslaughter.

While the court found he caused the injuries that killed her, Justice Stephen Rothman ruled prosecutors had not proved Huber intended to inflict grievous bodily harm –  a legal threshold required to prove murder.

Huber will be sentenced in September at Lismore Supreme Court.

But the case is now drawing renewed scrutiny  – not just of the outcome, but of the police response on the night Lucena died.

An ABC News investigation revealed police took 55 minutes to respond to a 000 call from a man who witnessed Lucena being violently assaulted.

When an officer did arrive on scene, he reportedly did not get out of the car to investigate.

NSW Police also failed to declare a critical incident  –  a move that would have triggered independent oversight from the Law Enforcement Conduct Commission (LECC). 

The LECC is now investigating, and police have reportedly failed to cooperate fully with the inquiry.

In response to questions this week, NSW Police issued a statement defending the response:

“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.
Police attended the scene; however, were unable to locate the 64-year-old woman due to inconsistent information provided to emergency services.
An internal review was conducted in relation to the police response, which was deemed appropriate.”

But the Northern Rivers-based Greens MLC Sue Higginson says that explanation is not good enough.

“Lindy’s family deserves better than cops investigating cops,” Ms Higginson said.

“Police took nearly an hour to respond to a report of a woman being beaten to death. That’s not a resource issue, it’s a culture issue.”

When asked by Ballina News Daily whether under-resourcing at Ballina Police Station might explain the delayed response, Ms Higginson rejected the idea.

“I don’t think the evidence plays out that way. Police have never had so many resources and funding,” she said.

 “We don’t need ‘more,’ we need ‘better and different’ — including better treatment of police within the system and real accountability for how they respond to violence against women.”

Ms Higginson has written to Police Minister Yasmin Catley urging her to back an LECC-led inquiry, entirely independent from NSW Police.

“The internal investigation has failed Lindy. This case is proof that police investigating themselves simply isn’t good enough when it comes to serious misconduct,” she said.

“There is a deeply concerning culture within NSW Police of disregard toward women experiencing domestic violence.

“Dozens of officers are facing domestic violence charges themselves and some have even been convicted.”

She said accountability is vital to restoring community trust in how domestic violence is handled.

“Lindy’s legacy must not end with her brutal murder.

“We are working to ensure police respond the way they should for all women and girls in our community.”