A coroner has delivered his findings into the death of 3-year-old Lachie Jones. Image / NZME
A “full and fresh” police reinvestigation into the death of a Gore 3-year-old will narrow or resolve open-ended questions, a coroner has recommended.
Delivering his findings at the Invercargill District Court today, Coroner Alexander Ho gave a damning assessment of the initial police response into Lachie Jones’ death, raising serious questions over the conclusion that the little boy drowned accidentally after wandering off alone on a summer’s night in 2019.
The findings ultimately fall short of concluding unresolved questions regarding Lachie’s death.
It was a main fact, Coroner Ho found, that the boy’s mother, Michelle Officer, “did not cause Lachie direct harm in a manner materially contributory to death”.
Lachie’s father, Paul Jones, has long held that his son was murdered, with counsel acting on his behalf levelling accusations at the boy’s mother and half-brothers during the first phase of the inquest last year.
Coroner Ho found there was no evidence Cameron Scott, Lachie’s eldest half-brother, was involved in the circumstances of Lachie’s disappearance.
He concluded that he was unable to rely on Jonathan Scott’s evidence “as an accurate description of events” and did not make any factual rulings on his evidence.
Coroner Ho emphasised that his direction of a reinvestigation should not be taken as implicating any individual as complicit in or responsible for Lachie’s death.
The inquest findings detail a series of investigative shortcomings, a lack of physical evidence, and unreliable witness testimony, many leaving the central question of Lachie’s death unresolved.
Because of multiple investigative shortcomings, Coroner Ho said, it was not possible to make findings about how Lachie came to be in the water, and thus the cause of his death was undetermined.
He said it was established that Lachie was indeed seen alive and running down Salford St, turning into Grasslands Rd, between 8.50pm and 9.15pm, corroborated by witnesses.
Despite this, he said, it was not possible to make findings about the circumstances of how the child came to be running away from Officer.
Coroner Ho found that Officer did not cause Lachie direct harm in a manner materially contributory to death after Lachie turned down Grasslands Rd – though it was “not otherwise possible” to find whether there was third-party involvement in the boy’s death.
Coroner Ho noted the accusations put to Officer by Jones’ counsel, Max Simpkins, that she was involved in causing his death.
“The theory was put that Ms Officer, possibly with the help of others, then placed Lachie into a freezer until later that evening when the conspirators placed him into the south pond to try and cover up the unlawful killing,” Coroner Ho said.
“My finding that Lachie was alive and running down Salford St between 8.50pm and 9.15pm means that the early death theory is not plausible. I have also observed that, in any event, I regard it inherently improbable that Ms Officer was complicit in any unlawful killing of her child before she telephoned for pizza.
“However, independently of that finding and that observation, there is no evidence to support the proposition that Lachie’s body was ever placed in a freezer.”
Coroner Ho said the freezer theory appeared to originate from statements by Jones’ father and a friend, who described Lachie’s body as “frozen” – a claim contradicted by the dog handler who pulled the child from the pond.
In his concluding remarks, Coroner Ho said he was not convinced the inquest had uncovered the entire truth about what happened on January 29, 2019.
“Lachie accessed the area around the oxidation ponds, past the gate and fence on Grasslands Rd, under his own steam.
“I am not satisfied that the evidence establishes the police’s conclusion that Lachie died by accidental drowning after running away from first, home and then second, Ms Thurston’s house while Ms Officer was momentarily inattentive.
“I am not satisfied that the evidence makes this conclusion the likeliest one on the balance of probabilities and that it renders all other possibilities unlikely.”
Key questions remain about Lachie’s supervision and how he came to be in the water.
“With the benefit of the evidence and observations from the inquest, and the primarily open findings I have made regarding the cause and circumstances of death, I consider that there is merit in the police again investigating Lachie’s death.”
Coroner Ho said it was ultimately an operational matter for police to determine how and by whom any reinvestigation should be conducted. However, he recommended that an experienced officer lead any reinvestigation from outside the Southland District.
“It is to be a full and fresh investigation,” he said.
“The fact that I am directing a reinvestigation should not be taken as implicating any individual as complicit in or responsible for Lachie’s death.”
He acknowledged the Gore District Council had since locked and fenced the ponds to prevent child access.
Regarding the original police investigation, Coroner Ho expressed deep concern, saying he placed “little weight” on much of the information gathered, because he could not trust it was “completely and accurately compiled”.
He recommended the police reinvestigate Lachie’s death under section 17(1) of the Coroners Act 2006 and report back to the responsible coroner by January 16 next year.
The findings are also to be referred to the Independent Police Conduct Authority (IPCA) and the Medical Council.
While there may have been no failings in the strict legal sense, Coroner Ho said there was an “indubitable impression of transgressions in various aspects”.
He said it may be a “calamitous confluence of chance” how Lachie came to be in the pond, but it would be remiss to overlook that the child was not being adequately supervised, as well as the conduct of police and medical investigations, compromising his ability to make findings.
“Bluntly, it is difficult to escape the lingering impression that much of what occurred was a shambles which could, and should, have been avoided.”
His final remark pointed to the evidence to date, leaving many possibilities open, and further investigations were appropriate to resolve or narrow outstanding matters.
The time window in which Lachie disappeared was brief. Yet, it was physically possible for Lachie to have run from 62 Salford St to Grasslands Rd corner in about a minute, travelling at up to 12km/h, a speed plausible for a child in a short burst, Coroner Ho said.
While Coroner Ho did not accept Officer’s full account of how Lachie came to be unsupervised, he said the scenario she described could have occurred within a 60- to 90-second window, a timeframe supported by witness testimony and general human fallibility in estimating time.
Coroner Ho ultimately found that Lachie’s disappearance in that brief timeframe was “plausible on the available evidence”.
“My view is that it is plausible for Lachie to have travelled under his own steam from Salford St to the ponds. I also consider this to be the most likely scenario.”
The coroner said that while the possibility of a third party intercepting Lachie at the corner of Salford St and Grasslands Rd could not be excluded, the proposition strained credulity and there was no evidence to support it.
Coroner Ho noted academic studies had shown drowning was a notoriously difficult diagnosis to confirm.
He said it was regrettable that the initial post-mortem report was of such poor quality that he could not safely rely on its contents.
Crucially, Lachie’s skull was never opened, leaving the possibility of fatal head trauma unresolved.
He said the presence of a foam cone around Lachie’s mouth when he was pulled from the pond was relied upon as a pathological indicator of drowning, but that this can also arise from other sources, including fatal head trauma or fluid entering the lungs after death.
He said plant material visible inside Lachie’s lungs, which suggested he aspirated the material from the pond water, may have entered his mouth as he was pulled from the pond and then forced into his lungs during CPR.
On the fact that Lachie was found in a face-up position, he said this was less common in child drowning cases, but not unheard of.
No statistics were available to quantify the unusual nature of this occurrence.
Two theories were offered to explain the face-up position: that Lachie had fallen backwards and struck his head, or that he floated because of his nappy or the pond’s specific gravity.
“The fact that Lachie was floating face up appears unusual in the context of a possible drowning death but does not immediately lead to a conclusion that he did not drown or that there was third-party involvement in the death.”
He said there were multiple theories posited as to why no water was recorded in Lachie’s lung, which ultimately did not assist him in making a finding.
As to Lachie’s cause of death, Coroner Ho found that the 3-year-old had pathological features which supported, but were not diagnostically conclusive of, a drowning diagnosis.
“Stepping back and considering the matter as a whole, including possible explanations for the presence of those pathological features other than thorough drowning, I am not satisfied that together they are sufficiently cohesive to render a drowning diagnosis the most likely explanation.
“The effect of the expert pathology evidence is to leave open three possible causes of death: drowning, drowning secondary to head trauma, and fatal head trauma. None crosses the balance of probabilities threshold.”
It is now up to the police whether to direct and conduct a third investigation into Lachie’s death as per the coroner’s recommendation.
Coroner Ho has left the inquest open because of his direction for police to reinvestigate Lachie’s death and the potential for new information, with police directed to update the court on their progress by January 16 next year.
Speaking to the media, Jones said he felt justified after the coroner’s assessment of the police investigations.
He said he wanted the reinvestigation conducted by metropolitan police from Auckland and overseen by the Police Commissioner.
“If the police are to move forward in this country and have credibility, they must have accountability. I expect to hear from them now.”
He said Coroner Ho had done a wonderful job with his findings.
“I’d like to thank everyone who’s helped me, especially the New Zealand public,” he said.
In a statement, Officer’s counsel, Beatrix Woodhouse, said Officer welcomed the coroner’s findings.
“The coroner accepted that Lachie slipped away in a brief moment of inattention and was seen running down Salford St by several witnesses before ultimately being found in the oxidation ponds.
“Michelle wishes to thank the members of the public who provided evidence and the many people who have shown her compassion throughout this deeply painful time.
“However, Michelle also wishes to express her concern that the coronial process, while intended to be inquisitorial and healing, has often felt adversarial. For a grieving mother, the experience has been one of prolonged retraumatisation,” Woodhouse said.
“Throughout the process, Michelle has remained steadfast in her account, supported by her family and the evidence as a whole. She now hopes to grieve privately, alongside her two sons, and to begin healing in peace.
“Lachie was a bright, beloved boy whose memory lives on in the hearts of all who knew him.”
Assistant Commissioner Mike Johnson today said police would consider the findings and the direction by the coroner to conduct a third investigation.
“We will work diligently on all aspects we need to undertake to progress that with the appropriate resources and urgency to complete this direction as is required.”
Johnson said police have previously acknowledged that the initial action after Lachie’s death fell short of the high expectations set for themselves.
As a result of Lachie’s death, a national policy change was implemented with detectives now consulted for any death of a baby, child, or young person and, where possible, attend all scenes.
The CIB was also now required to oversee or lead any investigation into the death of an infant or child under 10.
Johnson said police acknowledged Lachie’s family and the impact his death and the subsequent processes have had on them.
“Our deepest thoughts and sympathies continue to be with Lachie’s family,” he said.
Ben Tomsett is a multimedia journalist based in Dunedin. He joined the Herald in 2023.
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