Lachie Jones inquest: Coroner delays releasing findings, asks for more submissions

The Coroner's findings into Lachie Jones' death were due on June 3, brought forward to May 30 and have now been rescheduled for June 12 in the Invercargill District Court. Photo / NZME

The in-person delivery of a coroner’s findings into the death of Lachie Jones has been delayed.

The reason for the delay is related to police announcing further investigative work, key to an allegation against Lachie’s half-brother.

It is the second date change for the Coroner’s findings into the death of Lachie Jones, the 3-year-old found dead late in the evening, face up in a council oxidation pond, 1.2km from his home in Gore, Southland.

A five-week inquest into the boy’s death that took place in two phases ended in August last year.

On April 17, Coroner Ho issued a minute advising he had completed his draft findings, and that his findings contained comments about individuals or entities.

He allowed those persons to have the opportunity to respond by May 16, with the findings to be delivered on June 3.

This date was later brought forward to May 30.

However, the tentative new date for the findings to be delivered in the Invercargill District Court by Coroner Alexander Ho is June 13.

The findings will now be delivered at the Invercargill District Court on June 12. Photo / Ben Tomsett

In a new minute issued on Monday, Coroner Ho said the delay was related to police announcing further investigative work regarding an allegation made against Lachie’s half-brother Jonathan Scott that would finish on May 28 - two days before the findings were due.

“This point was relevant to one witness’s inquest testimony that an acquaintance had told her that Jonathan had said he had thrown Lachie into the pond.

“Jonathan denied both ever making such a statement and the allegation within the statement,” Coroner Ho said.

Scott’s new counsel, Anthony Woodhouse, who was appointed two days before responses were due on May 14, sought extensions, and submitted a ‘draft’ adverse comment response by May 24, citing lack of time and access to materials.

Coroner Ho expressed concern over the police conducting the investigation without formal direction, and the late and incomplete submissions from Scott’s side.

Coroner Ho said he “very reluctantly” vacated the May 30 release date to ensure fairness and preserve natural justice, and set directions that police must submit a new sworn expert statement by May 29.

Final responses from Scott and all parties are due June 5.

Lachlan Jones, 3, was found dead in an oxidation pond in Gore, January 2019. Photo / Supplied

Coroner Ho expressed frustration that the police had “unilaterally undertaken further investigation about only one of several matters” identified as needing further inquiry, despite no formal directions to do so.

He said the draft findings “by nature of their draft status” did not have the effect of making any formal directions to the police.

He also criticised the late and incomplete response from Woodhouse, representing Scott, and that proceeding on a “draft” response would be “highly unorthodox”.

The inquest into Lachie’s death heard from dozens of witnesses over its two phases, including Lachie’s mother, father and half-brothers, as well as forensic and psychological experts.

Ben Tomsett is a Multimedia Journalist for the New Zealand Herald, based in Dunedin.