Man accused of killing Lindy Lucena in Ballina pleads guilty to earlier assault
Robert Karl Huber is accused of killing Lindy Lucena on the night of January 3, 2023, after her battered body was discovered in a laneway at Ballina, in northern New South Wales.
On the first day of a judge-alone trial at the Supreme Court in Coffs Harbour, Mr Huber reversed a previous not-guilty plea over an assault against Ms Lucena eight days before her death.
Reading agreed facts signed by Mr Huber, Crown Prosecutor Susan Oliver said the assault took place when the couple were living in a caravan park after being displaced by the 2022 floods.
"On the evening of December 26, 2022 during an argument the accused punched the deceased in the face, giving [her] a black eye," Ms Oliver said.
The crown prosecutor told the court the accused and deceased had a "mutually loving" relationship marked by volatile outbursts from Mr Huber.
The court heard this became worse after the pair became homeless, having moved out of the caravan park in the days before Ms Lucena's death.
Ms Oliver said the pair had decided to sleep in a courtyard behind the Ballina Salvation Army store on the evening of January 2, after moving their belongings there earlier that day.
She said police were first informed about Ms Lucena's death after Mr Huber went to the Ballina Police Station in the early hours of the following day.
The court heard Mr Huber told police he had woken up from a nap and found Ms Lucena unresponsive.
He went with police to the laneway, where officers found Ms Lucena's body.
"He denied knowing how she got the blood and injuries to her face," Ms Oliver said.
Seated in the dock, Mr Huber shook his head as the prosecution said Ms Lucena's cause of death was due to injuries from a "sustained assault of numerous blows".
Delivering his opening statement for the defence, barrister Jason Watts said he would argue that it could not be proved beyond reasonable doubt that any assault by the accused on the deceased caused her death.
Mr Watts referred to post-mortem reports that found brain swelling was not included among Ms Lucina's injuries.
"In [the report's] view, that is because death occurs before those changes can take place in the brain," he said.
The court heard testimony from witnesses including bystanders and medical experts would be heard over approximately eight days of hearings.
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