Gore council ordered to pay $110k to parents of dead toddler; father calls for third police investigation

Monday, 6 March 2023

Paul Jones speaks outside court after sentencing of the Gore District council.

The father of a toddler who was found dead in the Gore District Council’s wastewater ponds is calling on Police Commissioner Andrew Coster to have the case reinvestigated for a third time.

Three-year-old Lachlan Jones was found dead by a police dog handler on January 29, 2019, in the council’s southern wastewater pond after he went missing from his mother’s home on Salford St.

On Monday, the council was ordered to pay $55,000 to each of Lachlan’s parents, and to pay WorkSafe’s prosecution charges of more than $18,000, but were not fined.

Lachie Jones' body was found in Gore's wastewater ponds in January 2019. He was three years old when he died. (File photo)

Paul Jones has called on Police Commissioner Andrew Coster to ‘’front up’’ over the death of his son Lachlan, and wants the case to be investigated for a third time.

* Gore District Council pleads guilty to WorkSafe charges after toddler found dead in wastewater ponds

* Gore District Council charged after child drowns in wastewater ponds

Police and Gore District council staff at the entrance to the ponds the morning after Lachlan Jones’ body was found. The fencing in question can be seen to the left of the gate. (File photo)

The council avoided a fine because Judge Russell Walker did not want to burden the district’s ratepayers with any more debt.

In court, an emotional Jones read his victim impact statement, saying there was no greater loss than the loss of a child, and Lachlan’s death affected him every moment of every day.

“I live with the heartbreak, the grief and the trauma, and it has seriously impacted all aspects of my life.’’

He said he had been failed by two substandard police investigations as he tried to find out how Lachlan had died, and he had not been able to move on with his life and begin grieving.

“It is my view that on 29 January, 2019, the fencing and gates at the Gore District Council oxidation ponds had no bearing on the death of my son and the council are in no part responsible.

Chapman Tripp litigation partner Garth Gallaway addressing Judge Russell Walker.

“My view that my son did not die from an accidental drowning is well known,’’ he said.

At the time of his death, police believed Lachlan had walked 1.2km from his mother’s home in Salford St and accidentally drowned in the ponds.

Jones has always maintained the death was not accidental and that Lachlan was taken to the ponds by someone else, because there were no marks on his feet or legs and no fluid found in his lungs.

Police announced in July, 2020, that no charges would be laid in relation to Lachie’s death, after its first investigation was completed. In October, 2020, police said they would review the case and in November, 2021, said the review was concluded and all matters would be referred to the coroner.

Worksafe barrister Rachael Woods speaking and Worksafe Senior Solicitor Angus Everett, left.

Judge Walker began the hearing with a moment’s silence in Lachlan’s memory, and he acknowledged family members and first responders who had been involved in the case.

Lachlan’s mother was not in court and was granted name suppression.

In his summing up, Judge Walker agreed with Jones that there was no greater loss than the loss of a child, and said nothing he could say in court would make up for the pain that Lachlan’s whanau and friends had endured.

Legal arguments hinged around a wooden area of fencing next to the main gate to the ponds on Grasslands Rd.

WorkSafe barrister Rachael Woods said it would have enabled children to climb over the fence to enter the area.

“A chain is only as strong as its weakest link, and that link was the slat fence next to the gate.’’

There had been no regular inspections of the gate or fences in the area, and the council had realised the risk in the area by erecting signage and raising it in its induction to workers in the area, she said.

Gore District Council chief executive Stephen Parry said the council ‘apologised unreservedly’ for the tragic accident.

Appearing for the council, Garth Galloway said there was no allegation that children were exposed to serious harm or death because of the fence.

The council had accepted that the fencing, which was stock-proof, was not adequate, but there was no evidence of anyone being in the vicinity or falling into them for 50 years, he said.

“It’s not clear how Lachlan entered the pond area … we’ll never know,’’ he said.

The risk of falling into the ponds was extremely low and the risk of drowning was even lower, because of the design and depth of the ponds, he said.

The council was extremely remorseful, had submitted a letter of apology and had co-operated fully with WorkSafe’s investigation.

Both parties were mindful that any fine imposed would be picked up by ratepayers.

In his summing up, Judge Walker said he had the ’’greatest sympathy’’ for the position Jones was in, but his role was to deal solely with the charge before him.

He said it may never be known how Lachlan came to be at the ponds.

No fine was imposed by Walker because it would be paid by Gore district ratepayers, who were already facing “signifiant debt”, he said.

Several Gore district councillors and staff were in the public gallery for the hearing, including chief executive Stephen Parry.

Outside the court after the sentencing, Jones said he would not give up his search for the truth, and he called on Coster to ‘’front up’’ about the case, and to have it reinvestigated by officers from outside the southern area.

Parry said the council was ‘’genuinely remorseful’’ about the death, and he wished Jones well.

In a statement, Parry said “on behalf of the council I want to express our sincere sorrow and apologise unreservedly to Lachlan Jones' family for this tragic accident.

“This has been a truly significant event for the council and haunting experience for our staff. We have carefully reviewed the circumstances leading up to the tragic discovery of Lachlan in the pond. As a result we have renewed and strengthened fencing around all three of our ponds.

“I appreciate this may be little comfort for Lachlan’s parents and can only offer our deepest remorse and sympathy to them.’’