Paul Jones doesn't hold the local council responsible for the death of his three-year-old - but he says it's time the police came forward and investigated the case properly
The father of Gore pre-schooler, Lachie Jones, says the Gore District Council is not responsible for his son’s death, despite the council pleading guilty to a negligence charge brought by WorkSafe and being ordered to pay compensation.
Paul Jones’ son, three-and-a-half-year-old Lachie Jones, was found floating face up in an oxidation pond on the outskirts of Gore by a police dog and its handler on a hot summer’s night in January 2019.
Police deemed Lachie’s death to be an accident concluding the pre-schooler had walked more than a kilometre from his mother’s house in his hi-viz vest, climbed over a fence and made his way across long prickly grass in bare feet to the end of the second of two vast ponds before falling in and drowning.
Days after a 2020 Newsroom report into Lachie’s death that highlighted deficiencies in the police investigation, the case was reopened, a new review headed by a detective inspector from Dunedin.
A year later, police released a short media statement that the matter had concluded and been referred back to the coroner. At a private meeting with the detective inspector Paul Jones was told “There is insufficient evidence on the facts that we have at this time in regards to any criminal culpability of any person in regards to Lachie's death.”
On Monday, Newsroom revealed that the initial post mortem carried out on Lachie should not have concluded that he drowned. A Christchurch-based forensic pathologist consulted by the police during the second investigation and a UK forensic pathologist engaged by Newsroom both agreed that the post mortem’s finding of “death by drowning” was unsafe.
Father calls for third investigation
Paul Jones has never accepted the police case that his son accidentally drowned in the oxidation pond.
“We've now got the proof that there's no proof that my son drowned.
“So I want them [the police] to come forward now and say, how did they come to that conclusion that he did drown? And why didn't they investigate this properly in the first place?”
Jones believes the second police investigation was only conducted to uphold the original police decision.
“This investigation's never been done to find out what happened to my son. The second investigation, in my opinion, has been done to find out that my son had drowned and then they could move on.
Paul Jones at his house in Gore showing journalist Melanie Reid his room full of documents from his four year battle since the death of his son.
“I need to find out what happened,” Jones told Newsroom. “I need this taken outside the Otago Southland District, investigated outside here. Get the proper people in, the proper professionals, and get it reopened and reinvestigated to a higher standard.
Jones added: “And the proper people need to be asked the proper questions. The timelines are all not right. His body was cold. No marks on his feet or body. The right questions need to be asked. There's nothing that they've ever given me to say he walked out there.”
WorkSafe case concludes
As a result of Lachie’s death, WorkSafe took the Gore District Council to court, where it was alleged that a serious risk of death arose due to inadequate fencing of the oxidation ponds.
The council originally said it would fight the charges, with Newsroom understanding the Gore Council was not convinced Lachie’s Jones’ death was accidental and the cornerstone of the council’s decision to plead not guilty centring on concerns about the adequacy of the police investigation.
The council could have faced a fine of up to $1.5m if found guilty.
But, in a surprise move just before Christmas, WorkSafe reduced the charges to one charge of "failing to perform a duty" to which the council pleaded guilty.
At sentencing yesterday, Judge Russell Walker opened the hearing with a one-minute silence for Lachie Jones.
After taking into account the council’s previous clean record and expression of remorse, Walker fined the council $82,500, but said he would not impose it because it would have fallen back on the areas small ratepayer base.
Walker ordered the council to pay $55,000 each to Lachie’s parents in reparations, but added "A child's life is priceless, and no amount of money can compensate for that loss. It’s unquantifiable."
He also made an order for the council to pay WorkSafe’s costs of almost $19,000.
In a statement released after sentencing, the Gore District Council wrote it should have “so far as was reasonably practicable designed, installed and maintained fencing at the ponds to prevent children from accessing the ponds and to deter other members of the public from doing so”.
“On behalf of the council, I want to express our sincere sorrow and apologise unreservedly to Lachlan Jones’ family” wrote Gore District Council chief executive Stephen Parry.
As part of the court sentencing, Paul Jones was invited to make a victim impact statement in which he emphasised that he did not blame the council for his son’s death.
“It is my view that the fencing and gates at the Gore Council oxidation ponds had no bearing on the death of my son, and the council are in no part responsible.”
He said Lachie’s death affected him “every moment of every day”.
“On top of this is the extraordinary distress associated with my quest to find the truth about the death of my son. The circumstances of what I consider to be two substandard police investigations have led to incorrect conclusions pertaining to my son’s death. Because of this, and the battle I face trying to find out the truth, I have not been able to move ahead and begin - let alone go through - the normal process of grieving.”
