Mixed opinions of forensic pathologists causes tension during Robert Karl Huber murder trial

Two forensic pathologists in the murder trial of Robert Karl Huber have gone head to head in relation to their opinions on the cause of death for alleged bashing victim Lindy Lucena.

Two forensic pathologists in the murder trial of Robert Karl Huber have gone head to head in relation to their opinions on the cause of death for alleged bashing victim Lindy Lucena.

The trial of Huber, accused of killing Lucena in January 2023, has featured starkly contrasting expert testimonies from two forensic pathologists regarding the cause and contributing factors to her death.

Lucena was found allegedly beaten to death in a Ballina laneway behind a Salvation Army store.

While both Dr Allan Cala and Dr Johan Duflou agreed on the nature of some injuries, their ultimate conclusions on causation presented significant differences to the court.

Both pathologists noted “extensive bruising and abrasion on Lucena’s mid-face” at post-mortem, with Dr Duflou specifically observing it was “more extensive” than earlier photographs, suggesting additional injury.

They concurred that a significant neck injury, a “fracture of the thyroid cartilage”, was consistent with a “direct blow” — potentially from an object like an umbrella handle or an accused’s forearm — rather than compressive force like strangulation.

Both acknowledged the laryngeal injury would likely have caused severe pain.

Vigil for alleged Ballina murder victim Lindy Lucena on January 14 at Fawcett Park.

Evidence of head trauma included minor subarachnoid haemorrhages, indicating brain movement against the skull.

Both experts agreed these traumas “did not cause significant brain swelling or herniation”.

Bruising on Lucena’s arms and hands was considered consistent with restraint, defensive actions, or even “post-death movement”, such as during CPR or body repositioning.

Furthermore, both acknowledged that “positional asphyxiation” could not be excluded as a contributing factor if airways were blocked by objects while unconscious.

Injuries to the back of the head were also deemed consistent with a fall.

Despite agreement, Dr Cala maintained the extensive trauma, particularly to Lucena’s face and neck, was a “substantial contribution to her death”, regardless of other potential factors.

Lindy Lucena and Robert Karl Huber 2020.

In contrast, Dr Duflou opined that while the craniofacial injuries “might have contributed to death, it is also possible they played no role”.

If the injuries were deemed to play no role, Dr Duflou said he would classify the cause of death as “unascertained”.

Dr Cala suggested the combination of craniofacial trauma, an acutely fractured larynx, and mild-to-moderate coronary artery narrowing could have led to cardiac arrest and death.

He also noted a “soiled airway” with blood and mucoid fluid, which would compromise normal breathing yet Dr Duflou, disagreed that blood loss was a significant cause of death, citing limited external blood loss and no signs of hypovolaemic shock.

He found “no significant aspiration or blockage of the airway”, despite some common “soiling”.

Lucena was found behind the Salvation Army store in Holden Lane, Ballina. Picture: Tessa Flemming

The court heard Dr Duflou highlight Lucena’s “significant coronary artery disease” (greater than 50 per cent narrowing), which he classified as at least “moderate, not mild”.

He strongly emphasised this pre-existing heart condition, combined with the presence of methadone and benzodiazepines, could have led to a fatal cardiac arrhythmia.

He referenced studies indicating methadone can cause such disturbances even at low levels, particularly in individuals not habituated to the drug.

Dr Cala also mentioned coronary artery narrowing as a contributing factor, but did not elaborate on methadone’s specific role in cardiac arrhythmia as extensively as his colleague.

Dr Duflou stated that “commotio medullaris” (sudden death from head trauma) was “very unlikely” in this case.

He said “touching a body is a very unreliable method for determining the time of death”.

On bruise dating, Dr Cala noted the “overwhelming colour” of bruising was red, indicating recent origin, while Dr Duflou generally found bruise colour “unreliable for estimating the age of an injury,” except for yellow discolouration.

Closing arguments are expected in the trial being overseen by Justice Stephen Rothman on Wednesday.

Originally published as Mixed opinions of forensic pathologists causes tension during Robert Karl Huber murder trial