Words: Kurt Bayer
Editor: Andrew Laxon
Video: George Heard
Motion Graphic: Ben Cummins
Design and Illustration: Paul Slater
A 3-year-old boy disappears one evening in Gore. He is found face up in the small New Zealand town’s oxidation pond 1.2km away. But did he really walk there barefoot and alone over stony, prickly, dung-covered ground and drown, as police concluded? After three years of anguish and frustration, his father has called in a new lawyer and international experts to examine the case. Herald senior journalist Kurt Bayer investigates.
It had been a southern scorcher, the mercury touching 30C. Late into the evening, it was still hot and sticky and light outside. With windows wide to snare any breeze, the noise of the television drifted outside to mix with high summer’s humming lawnmowers and milk tankers rumbling by the front gate.
Little Lachlan Jones, Constable Jones if you please or he’ll arrest you and lock you in his cardboard jail, had been running through the sprinkler. Laughing, he battled his mum with the hose.
But about 8.55pm — wearing his Spider-Man singlet, blue shark T-shirt, Plunket high-vis vest, camo-green shorts, black-and-white chequered kids police hat and bare feet — he disappeared.
The police case is that 3-year-old Lachie, 66cm tall, 17.5kg, with a full nappy, took off from his mother on Salford St at the southern edge of the Southland town, down a gravel road to the council’s oxidation ponds and accidentally drowned. His police hat was later found floating nearby.
The boy’s father, Paul Jones, who once promised his only child that nothing would ever happen to him, has never bought the official theory.
“He didn’t walk out there — someone has taken him there,” he says.
And his new lawyer, who is deeply critical of the initial police investigation and now enlisting international experts to examine the case, agrees.
“There are people in Gore who think there’s a child murderer on the loose — and with very good reason,” says Grant Fletcher.
WorkSafe has charged Gore District Council over the death under health and safety legislation — something the council is challenging. It’s understood council officials share concerns over the police probe and struggle to believe that Lachie walked there on his own.
So just what happened that day? More than three years on, there are many disturbing, unanswered questions.
He loved helping Dad on his courier run. Paul Jones often wondered how much help he was, but still, he loved having Lachie around. He was full of wonder and Jones enjoyed introducing his son to everyone and pointing out Gore’s landmarks: the big brown trout; the giant guitar statue proclaiming the town, population 13,000, as “New Zealand’s capital of country music”.
At the Hokonui Drive roundabout, the 51-year-old would point out Gore Police Station, which always got cop-mad Lachie bouncing in his seat.
But on Tuesday, January 29, 2019, Jones rode solo on his normal courier run.
Job done, Jones left Gore about 5.30pm for a hair appointment in Invercargill where he’d been living since he split with Lachie’s mum, Michelle Officer, five months earlier.
It hadn’t been a tidy break-up. Jones was accused of being verbally abusive, and he admits, he was no angel in the past. However, he had visitation rights and stayed the odd nights at her Salford St house, usually on a mattress in the lounge.
In fact, he spent the previous two evenings at her place. Lachie had been out of sorts, a runny nose. Jones would later say the boy had been “uneasy” and so they shared a bed together on Monday night.
Lachie fell asleep briefly then woke wanting to sing their song, You Are My Sunshine, before putting a tiny arm around his dad and drifting off again.
In the morning, he begged to tag along on the courier run. But as much as Jones loved having the wee guy riding shotgun, he had a busy day and said no. Jones sweetened the deal by offering to get away together at the weekend.
Jones packed off to work.
The next time he would see Lachie, he would be lying in the back of a police car, stone cold and lifeless.
Please don’t take my sunshine away.
Nappy time was a game. The toddler would run off and enjoy the chase. Sometimes he’d hide in his police cell in the lounge.
That night, Michelle Officer would later say, her son was up to his old tricks.
“I said, bugger you Lachie, I give up,” she said, and helped another son — one of Lachie’s older stepbrothers — with his weights training.
She wasn’t gone long. She returned to the kitchen, her police statement says, and looked out the window.
“I saw the yellow vest and thought, ‘That kid looked like Lachie.’”
Officer called out to Lachie, who she thought was playing in the lounge. His cartoon had finished on the TV. He wasn’t there.
“I realised it was Lachie running down the street.”
She says she ran outside and caught up with him just down from her friend’s house.
They decided to say hello. Officer chatted briefly but said they couldn’t stay. Her friend never laid eyes on Lachie.
Moments later he was gone. He’d taken off again.
They searched Officer’s house and then little dead-end Totara St.
She tried her car but it was locked.
Officer says she raised the alarm with her other son and then checked the park.
“I was frantic by this stage,” she told police.
She started down Salford St, yelling out for Lachie.
Soon, with alarm bells ringing, locals joined in the search.
Thoughts turned to the oxidation ponds.
A teenage girl would later tell police she saw Lachie at the corner of Salford St and Grasslands Rd — a gravel road that leads to the ponds — at around 8.30pm, and “running quite fast”.
Her account, however, identifies Lachie half an hour before his mother thinks he’s gone.
The only other witness is another teenager who told his mum that he had seen the boy run past their house and round the corner on to Grasslands Rd. His mother then went to the ponds but didn’t spot anyone.
Nobody ever saw Lachie at the ponds.
Officer also went down there, scouring for a bright yellow vest. It was still light but she couldn’t see anything on the water.
She phoned police to report him missing and then dialled Jones.
After his haircut earlier that evening, Jones had gone to his father’s place and had tea before turning in early, with his alarm due to go off at 4am.
But as he was dozing off, he got Officer’s phone call, saying she thought Lachie was missing.
He leapt out of bed. His father asked him what was happening and tried to assure him that Lachie would be found shortly.
Jones grabbed his keys.
“I’m heading to Gore,” he said. “He’s dead.”
He had a horrible gut feeling. He phoned his friends Dave Aitken and Karen McGuire and told them the same thing. Lachie’s dead.
“I don’t know ... I just knew. I don’t know why. I can’t explain it.”
Ignoring the open road speed limit, Jones sped north. He went straight to Officer’s house.
When he arrived around 10pm, he was bemused by the scene. There were lots of people inside the house — some of whom were never interviewed during the police investigation — and food was even being cooked.
“I said, ‘Oh thank goodness, you found him,” Jones says.
But Lachie hadn’t been found.
Jones stormed out of the house, hysterical.
His mate Aitken had also turned up and they started searching the town.
By now, police officers were also scattered everywhere, looking in the showgrounds, parks, along the riverside.
Driving the streets of Gore, Jones was terrified.
“I wouldn’t like to wish it on my worst enemy. It’s terrifying what you go through, the ordeal. You get caught up with the adrenaline but it’s terrible eh ... It’s the most gut-wrenching thing anyone would have to go through, looking for a wee boy.”
An ambulance blazed past. Jones phoned Michelle.
Word got to him that Lachie had been found at the ponds and that paramedics were working on him.
As Jones showed up, a police officer told him that his son was dead.
Lachie was lying in the back seat of a police car. Jones felt him.
“He was stone cold. He was frozen, like a block of ice.”
Sitting in his central Christchurch chambers, Grant Fletcher is troubled.
The criminal defence lawyer disentangles himself from his desk’s paper mountains and stares at a creased, muddied map of a World War I battlefield on the wall.
“It just doesn’t make sense,” he sighs, sitting down heavily, returning to the Lachie Jones’ file once again.
He’s only been on the case since January this year.
A frustrated Paul Jones called him after a meeting with Detective Inspector Stu Harvey before Christmas.
The initial police investigation concluded death by accidental drowning, and no suspicious circumstances. But pressure from Jones and concerns from Gore District Council had led Southland Police to take a fresh look. Local Mayor Tracy Hicks and council chief executive Steve Parry declined to comment for this article, citing the active court case.
The police reinvestigation opened in November 2020 with the scope to determine if there was any criminal liability around Lachie’s death.
Out of town officers would conduct inquiries “to a homicide level”, Jones was told.
He came away thinking, finally, they would get to the truth.
Jones always rejected the accidental drowning theory. Nothing seemed to stack up.
For starters, he could never imagine Lachie scarpering on his own, especially to a strange place, and at night, well past his bedtime.
He was a clingy, well-behaved boy, Jones says. He disputes claims that he had a tendency to run off — something that Lachie’s kindergarten teacher also told police. She described Lachie as a model young boy who even thanked her when changing his nappy and was never far from sight.
And then there’s the three-page autopsy report. Dated March 4, 2019, it concluded the cause of death was drowning. It found no signs of traumatic injuries.
The funeral home that prepared Lachie’s body for burial found him in “perfect condition”, according to a letter sent to Jones. They double-checked and found “no visible marks on his feet or legs”.
This fact is a major red flag for Jones and his legal team.
The road to the ponds — which has since been fenced off by the council which is defending the WorkSafe charges at a trial which has no hearing date yet — is loose gravel. Lachie is said to have climbed over a locked cyclone gate or adjacent wooden fence and walked or run along the grassy banks beside the two ponds. The vegetation at the time was overgrown, dense with thistles, prickles, along with widespread geese, duck, and sheep defecation. Midges were rife.
A thin strip of rough concrete borders the ponds, which police involved in the reinvestigation told Jones his son could have followed.
He’s gone past the first pond, police believe, and continued several hundred more metres to the far end of the second pond. That’s where he was found later that night.
“There’s no logic to it all,” Jones says.
“If [Lachie] wanted to jump in, he would’ve jumped in at the first pond. To walk through all that rough terrain, prickles, thistles, stones, sheep s*** everywhere ... It would’ve been all over his feet.”
The day after Lachie’s death, Jones and his friends retraced the supposed route and suffered multiple cuts, scrapes, and bites.
“And yet he arrived at the funeral home in perfect condition, not one mark on him. As the undertaker said to me, he was perfect. How does that add up?” Jones says.
A police dog handler located Lachie about 11.15pm. He was motionless, face up, not face down, like many child drowning victims, with both knees exposed, breaking the surface of the water.
The officer immediately pulled him out of the water. Lachie had white foam around his mouth and was cold to touch. He started CPR while radioing for help.
After doing CPR for some time, the policeman considered Lachie’s best chance of recovery was with paramedics, so he picked him up and ran towards the gate on Grasslands Rd where he believed ambulance staff would be waiting.
Running with Lachie in his arms, he met police colleagues on the way and then paramedics near the top of the second pond.
Despite the best efforts of the constable, and then the ambulance staff, Lachie was pronounced dead at the scene about 11.50pm.
What happened next really concerns Fletcher and his fellow lawyer Hamish Evans.
It appears that the scene where Lachie was found — in total darkness — was not cordoned off and secured overnight for scene examinations at first light.
No fingerprints or fibre samples were ever taken from the fence or gate that Lachie was supposed to have clambered over. No footprints were sought, or car tyre tracks. No specialist scene of crime officer (SOCO) attended.
There seems to have been no consideration given to “back-tracking” from the location the police officer first saw Lachie in the water, to retrace his steps and find the exact route he was supposed to have gone since last being seen. The police dog only picked up a scent for some 40m from where Lachie was found — and no other alternative routes, including across surrounding farm paddocks, were examined.
And who was the shirtless guy who had reportedly been seen by a Salford St local running around the oxidation ponds that night? He was never tracked down and those claims were never verified with the witness.
Jones also wonders how Lachie felt so cold in the back of the cop car, when it had been such a warm, summer’s evening.
“The quality of the initial police investigation was disappointing,” Evans says.
“How likely is it that a 3-year-old boy is able to walk a kilometre through thistles and long grass, with a full nappy, miles away from home, all by himself without getting a scratch? It just seems implausible.
“For reasons that we don’t understand, the police don’t seem to have considered other possible scenarios.”
Police appear to have relied heavily on the credibility of witness accounts.
And yet, not all of them stack up.
The result is a confused timeline and questions over exactly when Lachie went missing.
What could have helped was telecommunications polling data. Telcos record their user’s access to cell towers when a connection is first created — usually either when the phone comes into a cell tower’s broadcast area and when calls and text messages are made. The securing of this data might have corroborated stories and clarified timings over that fateful evening.
Some telcos only keep their data for a month or two. For some of the key witnesses in Lachie’s case, police either never requested cellphone data or were too late and the data was already lost. It was “basic police work”, Jones’ lawyers say.
“Having read the [police] file very carefully, having considered the police investigation, and having considered significant concerns in relation to the way the police investigated this matter, I’d describe this case as unsettling and deeply disturbing,” Fletcher says.
“The police have just taken the lightest look at it and considered a factual series that is just implausible.”
The police reinvestigation concluded late last year.
At a meeting with Jones on December 16, Harvey said there was “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”.Fletcher and Evans are calling for a full coronial inquiry into Lachie’s death and are working to get experts to review the case.
Jones has never seen the final police file but Harvey confirmed to the Herald that it has now been handed over to the coroner.
“As such, police are not in a position to make any further comment,” Harvey says.
In response to an interview request, Michelle Officer’s employer said on behalf of her and her family: “As the matter is before the courts they would prefer not to comment at this time. Given the traumatic nature of this situation they request privacy.”
On a leafy hill east of town, Lachie lies in rest. Go past the RSA memorial on a mound surrounded by trees, multi-coloured dinosaurs stand guard, alongside flowers and Christmas baubles. A photo shows Lachie standing in front of his dad’s red courier van.
“Our love for you is in our hearts forever.”
Paul Jones is left a broken man. After restless nights, he visits his son’s grave site and talks to him. He feels he let him down.
“I promised him the world and didn’t deliver, that’s the worst thing. I held his hand one time and said, ‘I’ll never let anything happen to you Lachie,’ but ... then I had to bury him.”
Jones is adamant that his child was murdered — and that there is a killer — or killers — at liberty in Gore.
“I have no doubt about that.”
He simply doesn’t believe Lachie could have walked out there and drowned.
So, if he didn’t, how did he get there?
“Someone has taken him there,” Jones says.
“I don’t know what the poor wee fella went through. I try and not think about it.
“The only people who think he’s walked out there are the police. They’ve looked at no other scenario.”
He has his theory — and his suspects. They still live in the area. Abuse and insults have been hurled while their paths have crossed but he doesn’t care. He feels he has lost everything anyway.
“I’ve lost everything I’ve wanted mate, so I’m not scared of anyone. Na, whatever will be, will be. I’m here giving my son his voice and trying to get the justice he deserves. I’m his blood and always will be.”
Police — who declined to answer specific questions from the Herald — have let Jones down, he feels. As well as his son.
“They’ve found a 3-year-old boy and decided to walk away,” Jones says.
“At that hour of the night, in the middle of nowhere. It’s shocking. It’s terrible to think that happens in New Zealand.”