Lachie Jones. Image / NZME
The emotional impact of a five-week inquest into the death of Lachie Jones on his parents marked the final hearing into the boy’s death.
Lachie’s father Paul Jones read his concluding statement at the inquest, while the statement from Lachie’s mother, Michelle Officer, was read by her counsel Beatrix Woodhouse.
On January 29, 2019, Lachie was found dead late in the evening, face up in a council oxidation pond 1.2km from his home in Gore, Southland.
Initial police investigations concluded the boy drowned, though his father has long believed Lachie was murdered.
The emotionally charged inquest into the boy’s death at the Invercargill District Court saw a wealth of witnesses and experts give evidence in two phases across five weeks.
Officer’s statement, as read by Woodhouse, said her family’s “whole world had been shattered” since Lachie’s passing.
“Words can not express our grief and loss over losing my son and our brother.
“Lachie was the most loving and kind little boy. We treasure the memories we have with Lachie, they are most sacred and private to us.”
She thanked the inquest’s counsel, as well as police, court staff, and the New Zealand experts.
“At this time our family, extended family and friends request space to grieve in private,” she said.
Police counsel Robin Bates said it was now Coroner Ho’s unenviable task to assess the evidence given and to endeavour to answer the questions surrounding Lachie’s death, and extended sympathy to Lachie’s family.
“Everyone involved in this case would love to turn back the clock and prevent it, but that is unfortunately not possible,” he said.
He said police had acknowledged some shortcomings of the investigation and tried to rectify those as far as possible, but, there were some matters relating to the police and the autopsy “where the clock can not be turned back, and we have to deal with what we have rather than have not”.
He advised Coroner Ho on issues in his submission on former FBI detective Karen Smith’s evidence, who he said took “the wrong approach to circumstantial evidence”, and, “went looking for fault”.
“In effect ... What Ms Smith did is become an advocate for a particular position, and not an expert,” he said.
Woodhouse spoke of the impact the inquest had had on Officer and her family.
“Some people, like Lachie’s mum Michelle Officer, process their grief in a private and personal way in order to try to come to terms with what happened to Lachie ... Others, it seems, process their grief differently, exhibiting anger and a lack of acceptance of indisputable facts, with a view of to trying to find blame and recrimination,” she said.
“While it is correct to describe the coronial process as inquisitorial, rather than adversarial, the reality in this matter is that the interests of parties have been polarised, and this has played out in a highly charged emotional atmosphere which in turn has fed into the media reporting.”
Officer had to answer to allegations that were then aired in a very public forum, and subsequently presented across the media, said Woodhouse.
She said Officer also had to answer to allegations of neglect, and that there was no credible evidence to show this but instead established evidence that Lachie was well cared for.
Max Simpkins, counsel for Lachie’s father, spoke to the initial shortcomings of the police investigation and autopsy, saying “the community did not treat Lachie as he should have been”.
He criticised the forensic pathologist and child psychologist who gave evidence, and said the several witnesses who gave evidence they saw a young boy on the night Lachlan went missing were “unreliable”.
“Regrettably, this inquest has highlighted several deficiencies in the police investigation. They reached an early conclusion of drowning, and it’s submitted that they anchored themselves in this position.”
He submitted that the best course of action was for the death to be undetermined, and recommended a further investigation.
He closed his statement by adding: “Lachlan Paul Graham Jones, rest easy.”
Adam Holloway, counsel for the pathologist, said Bates’ concluding statements were endorsed, and submitted that nothing the coroner had heard throughout the hearing made drowning an “unavailable” conclusion.
“The physical evidence is consistent with drowning. Yes, there are other possibilities for producing what can be seen ... but certainly, drowning is utterly consistent with what can be seen,” he said.
Jones read his statement to the inquest, thanking Coroner Ho and counsel for the coroner, Simon Mount KC, “for giving my son Lachie Jones a voice”.
“[Thanks] to all my special team who have supported me for five years now and fought for justice for Lachlan.”
He criticised the police investigation and pathologist who conducted the autopsy, saying the “most factual and relevant” information throughout the inquest came from Karen Smith, and that he was concerned with Bates’ “attempt to discredit” her.
“As the proud dad of Lachlan, I now spend all his birthdays and Christmases at a headstone. I never once got to take Lachlan to school, or watch him play any sport, or celebrate any milestones, but I have continued to fight for him outside life, because I’m still his loving dad.”
The inquest ended with Coroner Ho’s statement.
“I think we can all agree that the death of a three-year-old boy in this situation is a tragedy. Paul Jones and Michelle Officer, and to others who knew and loved Lachie, again, I am sorry.”
He said he could not give an estimate of when his findings would be delivered, but that reviewing, reasoning, and reconciling the evidence heard over the five weeks would take time.
“I can only promise that I will work as hard as I can with the evidence that has been given to try and cast some light into the shadows that exist about what happened to Lachie.
“It is my hope that ultimately Lachie is not remembered for matters about which we have heard over these five weeks, but for the other three years and eight months of his life and the love and the joy he brought to his family.”
Ben Tomsett is a Multimedia Journalist for the New Zealand Herald, based in Dunedin.