Robert Karl Huber guilty of manslaughter of lover Lindy ‘Kimmy’ Lucena in Ballina laneway

A Northern Rivers man has been convicted of manslaughter after a violent assault led to his lover’s death in a lonely laneway.

A Ballina man has been convicted of manslaughter after a violent assault led to his lover’s death through a stress-induced cardiac arrhythmia.

A Ballina man has been convicted of manslaughter after a violent assault led to his lover’s death through a stress-induced cardiac arrhythmia.

Robert Karl Huber, 67, appeared via audio visual link from Coffs Harbour court in prison greens and handcuffs alongside two sheriffs before Justice Craig Rothman from Sydney.

Huber has been found guilty of manslaughter in the death of Lindy “Kimmy” Lucena on January 3, 2023.

Justice Rothman delivered the verdict on Monday, finding Huber not guilty of murder but convicting him of the lesser charge.

The case centred around an assault that occurred around 7.03pm on the day of Lucena’s death.

Robert Karl Huber, left, convicted of the manslaughter of lover Lindy Lucena after becoming homeless in 2023.

A witness testified to seeing a man attacking a woman in the side passage of the Salvation Army store in Ballina.

The court determined that Huber was the assailant and Lucena the victim.

Lindy Lucena and Robert Karl Huber 2020.

By 7.20pm, another witness saw Lucena lying motionless on the ground. Her body was later discovered partially concealed under a gate.

Evidence presented during the trial highlighted a history of domestic violence and controlling behaviour by Huber towards Lucena.

The court heard that Huber’s violence had, at times, prevented Lucena from attending her daughter’s wedding.

While Lucena had sustained a minor injury in late December 2022, a post-mortem examination revealed she had suffered multiple blows to her head, face, back, neck, and other parts of her body.

Victim Lindy “Kimmy” Lucena who lost her life on January 3, 2023 after suffering a heart attack from domestic related violence.

Pathologists described the damage as “serious,” noting at least five blows to the face alone.

Although expert pathologists agreed the craniofacial and brain injuries, as well as Lucena’s pre-existing heart condition (over 50 per cent occlusion of heart vessels), would not independently have caused her death, the court ultimately concluded the stress of the bashing and the numerous blows to the head and neck substantially contributed to a cardiac arrhythmia.

This, combined with her pre-existing coronary artery disease, led to her death.

The court deemed the assault an “operating and substantial medical mechanism of death”.

Despite the severity of the injuries, Justice Rothman stated the prosecution had not proven beyond reasonable doubt that Huber intended to inflict “grievous bodily harm,” a necessary element for a murder conviction.

The judge said that death was not the obvious or inevitable consequence of the assault, yet it was an “unlawful and dangerous act,” and a reasonable person in Huber’s position would have realised it exposed Lucena to an “appreciable risk of serious injury,”.

Mr Rothman said this is what led to the manslaughter conviction.

Huber’s sentencing hearing is tentatively scheduled for September 12 in Lismore.

Originally published as Robert Karl Huber guilty of manslaughter of lover Lindy ‘Kimmy’ Lucena in Ballina laneway