Key facts
- NSW police received a triple zero call reporting a woman being bashed behind a Ballina Salvation Army.
- Officers attended the scene but did not exit their vehicles to search the area.
- The woman, Lindy Lucena, was found dead hours later by her partner, who was subsequently convicted of manslaughter.
- The Law Enforcement Conduct Commission (Lecc) found the police response to be inadequate but made no findings of misconduct.
- The Lecc report identified potential systemic issues in dispatch and response protocols.
- Recommendations include a review of radio room operations and critical incident guidelines.
New South Wales police have been criticised by the state's independent watchdog for an inadequate response to a triple zero call reporting a woman being violently assaulted.
The Law Enforcement Conduct Commission (Lecc) found that two officers attended the scene where Lindy Lucena was being attacked but failed to get out of their cars to investigate, despite the emergency call reporting she was "being bashed" behind the Salvation Army building in Ballina.
Lucena's partner of five years, Robert Huber, later walked into the Ballina police station and informed them he believed she was dead, leading them to her body. He was subsequently convicted of her manslaughter and sentenced to almost 13 years in prison.
The Lecc report, released on Tuesday, stated that while the officers' decision did not warrant serious disciplinary action or criminal charges, it did not meet minimum policing standards. The commission could not determine if a different response would have saved Lucena's life, as she likely died around the time of the initial call or shortly after.
Systemic issues may have contributed to the delayed response, including a dispatch assistant's error that delayed the broadcast of the priority 2 job by seven minutes, and subsequent broadcasts not being made with the required frequency. The responding officers were also influenced by the single caller and presumed the assault was not serious or had stopped.
The report also noted that an acting assistant commissioner considered declaring the death a critical incident but did not document the decision. The Lecc found this did not amount to serious misconduct, though it did note a "misleading" response from the force when asked about the documentation.
NSW police stated they would consider the report and its recommendations, which include an urgent review of radio room operations and critical incident guidelines. Commissioner Anina Johnson acknowledged the difficulty of policing and the potential for any job to be life-or-death, emphasizing the need for diligence.