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Home / New Zealand

What caused the Hamilton house blaze that killed them? Police refer trio's deaths to coroner

By Belinda Feek
Reporter·NZ Herald·
11 Nov, 2015 09:39 PM8 mins to read

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Jake Hayes, Toni Maree Johnston and Connor Swetman all died in a house fire in Hamilton. Photos / Supplied

Jake Hayes, Toni Maree Johnston and Connor Swetman all died in a house fire in Hamilton. Photos / Supplied

Twelve months on from her son's horrific death and Sharon Otto still can't bear to go to the Hamilton house where he died.

Connor Swetman was just 17, but he was the oldest of Mrs Otto's two children.

Connor, together with Jake Hayes, 19 and Toni Maree Johnston, 23 died in a blaze which ripped through the old Collingwood St villa they were sleeping in on November 15, 2014.

Just days out from the anniversary of their deaths, police today announced they are forwarding the case to the Coroner after an independent review of the investigation was unable to identify the cause of the blaze.

"It's been a really hard year anyway and it's just catching up on me a bit at the moment," Mrs Otto told the Herald.

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"It's affected a lot of people. This year has just been living getting through day to day really, it's been really, really hard. I'm still trying to get my life together a little bit it's kind of hard to keep on going that's for sure. I've found it really hard to just carry on and do what you have to do. Just everyday things, you know, it's always with you. It hasn't been easy."

Connor Swetman's mother still can't bear to go to the Hamilton house where he died. Photo / Supplied
Connor Swetman's mother still can't bear to go to the Hamilton house where he died. Photo / Supplied

As for investigators being unable to determine a cause, Mrs Otto said that was a relief in a way because then they weren't having to handle police trying to track down an arsonist.

"That would be really, really horrible to have to try and get your head around that. It's hard enough as it is trying to get your head around the whole thing so in a way undetermined might be [a relief]."

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She couldn't comprehend the fire being purposefully lit as they were all friends and suspected it was something minor like a cigarette.

As for the home's smoking alarms not working, Mrs Otto said she just assumed that rentals would have to have working smoke alarms anyway to make sure the house was safe.

"You just think that [landlords] would make sure [that they're working]."

Mrs Otto said she was unsure how she would mark her son's death but said it would likely be a quiet day.

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Friends of those who died are expected to hold a memorial at the site over the weekend.

Jake and Toni lived in the two storey house with others, while Connor was visiting with friend, Bayley Reid. They had gathered for a few drinks to welcome a new flatmate.

About 2am a drunken fight began outside with about six people exchanging punches before it was broken up and the party wound down.

A fire began to rip through the house about 5am.

A friend sleeping in the downstairs area smelt smoke and rushed upstairs. He managed to wake up Joseph Soutar and rush outside. Raine Tawara and Michael Hayes woke up in time and also escaped.

Sunday will mark the first anniversary of the fire. Photo / Supplied
Sunday will mark the first anniversary of the fire. Photo / Supplied

Bayley was the last to make it outside. He was sleeping in a room with Jake and Connor and he thought they were right behind him when he smashed his way through a window. They never made it out.

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Forty-five firefighters and 13 appliances worked to get the blaze under control.

Detective Senior Sergeant Ross Patterson of the Hamilton CIB said police had engaged the services of an internationally-recognised independent fire investigator to review the fire investigation.

"The original joint investigation by police and the Fire Service was focused on identifying the cause of the blaze and whether a person or persons started it," Mr Patterson said.

"At this point there is nothing to suggest this is the case however, as in any such case, should new information come to hand at a later date it will be considered."

Kim Healey, Jake's mother, said her son is dead and nothing can change that.

However, she hoped that the revamp of The Residential Tenancies Act - which makes smoke alarms compulsory in all tenanted properties from July 1, 2016 - announced by Building and Housing Minister Dr Nick Smith in July would help prevent further fires from occurring.

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"I just hope that the inquiry will be the catalyst to a change of thinking within the community coupled with law reform from government starting from 1 July 2016 in relation to smoke alarms. I know the fire service are already instigating change and I really do hope it makes a difference.

"Mine and my families' lives have been destroyed and changed forever. This has touched the whole community and many young people's lives and I just hope that lives can now be saved in the future so no other families have to go through the horror of losing a child or family member in these circumstances."

Under the new legislation landlords will be responsible for ensuring an operational smoke alarm is in place, and tenants responsible for replacing batteries or notifying landlords of defects. Long life [10-year] photoelectric alarms will be required where there is no existing alarm or when replacing an existing alarm.

Connor's aunt, Leanne Otto, said it had been a trying time for the family and even though it had been a year, "for us it still feels just weeks ago, it's very hard to accept the fact we will never see Connies gorgeous but cheeky smile".

Family and friends of Jake Hayes walk past the Collingwood Street house in Hamilton. Photo / Greg Bowker
Family and friends of Jake Hayes walk past the Collingwood Street house in Hamilton. Photo / Greg Bowker

"He has definitely taken a part of us all with him but when I see my dear sister Sharon now I know half of her has gone which really breaks my heart."

Mrs Otto said her family had saved some fireworks and bought some lanterns which will they let off on Sunday night in Connor's memory.

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She was also finding it hard dealing with Connor's death and said she tried not to think about it and block it out, but that didn't work.

"I think about him every single day without fail. You go through stages where it might hit you and you have a bit of a breakdown and it sometimes it doesn't seem real and when you do think about it and it's still hard to believe."

The family had appreciated the police keeping in touch with them and updated with the investigation's progress, although she said it was still hard dealing with the fact the cause of the fire would never be known.

Connor was due to head to Australia a couple of weeks after the fire and stay with a friend and his parents and find work.

Miss Johnston's brother, Greg, speaking on behalf of the family, said they planned to hold a private memorial for her death on Sunday.

He said the past 12 months had been "unbelievably heartbreaking".

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"As a family, you never consider losing the youngest, let alone in such a tragic way. We are still only starting to come to terms with the reality of what's happened and realise we have a long road ahead."

It had been "extremely tough" not having answers about how the fire started.

"You get told your sister has died in the most horrific circumstances; you wait outside the house for days for her body to be recovered; you don't get to see her to say goodbye; and you don't have answers as to how it happened - it's devastating."

However, he had been happy with the efforts both police and fire had put in trying to determine what happened.

"The police and fire service dealt with an extremely dangerous and tragic situation with speed and upmost professionalism. They went above and beyond to support our family and put representatives in place to directly answer any questions we had. They have continued to give us all the information they are able to. We are now well-aware of the complexities of this investigation and the time in which these things take."

Loved ones of Toni Maree Johnston at her funeral. Photo / Doug Sherring
Loved ones of Toni Maree Johnston at her funeral. Photo / Doug Sherring

Mr Johnston said he missed his sister dearly.

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"She had an amazing passion for life and a wicked sense of humour. I miss so many things about her - just simple things like having her at family gatherings. Toni loved being a part of a big extended family."

He said their family was grateful to everyone who reached out and supported them during such a traumatic time.

"Toni's amazing group of friends have continued their support of our family and it has helped so much."

One of the highlights had been a memorial fight night held at Toni's boxing club, Mana Tangata Boxing - MTB Boxing last month in which the majority of the fighters were Toni's friends and fellow boxers.

The prize for the main event was a 'Toni Maree Johnston memorial trophy'.

"She was one of their promising young fighters and a big part of their MTB Boxing family."

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Whanau of Mr Soutar said he had endured a tough year but had got a new job in Hamilton and was doing well.

"It has been really, really difficult for Jo but he's really done well, I think. He's not his usual self but at least he's moved on, he's got a job, he's been working out."

Mr Patterson said that following the review, the cause of the fire remained undetermined and the matter would be placed in the hands of the Coroner to make a finding.

"Throughout the various aspects of the case we have been working closely with the trio's families who are aware of the findings of the independent review," he said.

"As this significant anniversary approaches our thoughts are with them as they seek to know the circumstances behind how their loved ones lost their lives."

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