Coroner releases police’s internal Lachie Jones report

Wednesday, 29 May 2024

The police investigation into the death of Southland toddler Lachie Jones was reviewed by Detective superintendent Darryl Sweeney. His report has been released by the coroner.

Police have accepted there were failings in their initial investigation of Lachie Jones’ death, but maintain the facts do not point to criminal responsibility, a police report shows.

The report was written by a superintendent before the inquest into Lachie’s death started, and has been provided to Stuff under the direction of Coroner Alexander Ho.

It also says there is no evidence to suggest that Lachie’s half-brothers were involved in the toddler’s death.

Lachie was 3 years old when he was found dead late on the evening of January 29, 2019, face up in a council oxidation pond near his home.

His father Paul Jones has always maintained Lachie did not walk the 1.2km from his home down a gravel road, over a fence and through scrubby land to where he was found. He had bare feet, but Jones said his body had no marks or scratches on it when he was found.

Gore police senior sergeant Cynthia Fairley gives witness evidence during the inquest into the death of Lachie Jones.

The first hearing of the inquest concluded in Invercargill on May 15, and will resume on August 5.

In August 2023, southern police district commander Paul Basham requested a national investigations overview of police handling of the investigation into the death after police admitted they ‘’missed some steps’’ in the initial investigation into the case.

Detective superintendent Darryl Sweeney carried out the review. He had 28 years’ experience in the police, was a member of the National Investigation Leadership Team, and was the southern territorial detective superintendent.

The report, dated February 2024, said Sweeney had worked on more than 70 homicides, and in the year before writing the report, had formally reviewed more than 15 homicides or deaths across New Zealand.

Detective Superintendent Darryl Sweeney reviewed the police investigation into the death of Lachie Jones. (File photo).

His report said the initial start-up period to the investigation did not occur to the required standard in its initial stages.

This was not through the fault of any particular individual, but because of a lack of senior CIB leadership and insufficient communication, the report said.

During the first session of an inquest into the death, three officers gave evidence that they all thought someone else was in charge on the night the 3-year-old died and in the days following.

Detective sergeant David Kennelly, senior sergeant Cynthia Fairley and former sergeant Hua Tamariki all attended the death, but it remains unclear who was in charge of the investigation. (File photos)

It remained unclear who was leading the investigation.

Detective inspector Stu Harvey in the witness stand during the coronial inquest into the death of Lachie Jones. (File photo)

The report said it had been a long-held principle that all child deaths should generally be attended by senior CIB leadership until the police and the coroner were satisfied that the death was not suspicious.

The inquest heard that detective sergeant Kennelly of Winton CIB attended on the night Lachie died but in his capacity as a search and rescue leader. He had no further involvement with the case after that.

The report said complete and detailed inquiries which should have followed in finalising the investigation were not carried out until detective inspector Stu Harvey became involved.

Harvey led a second investigation into the death in November 2020.

Jonathan Scott, 21, who is the half-brother of dead toddler Lachie Jones, arrives at the Invercargill courthouse to give evidence at the coronial inquest into the toddlers' death.

“In my view, while the complete serious crime template was not adhered to in terms of best practice, some aspects of the initial investigation were done reasonably well. This includes the search pattern, the identification of witnesses, the scoping of people’s movements on the evening of the disappearance, and the identification of a set of factors that police would then need to investigate over time,’’ Sweeney wrote in the report.

Lachie lived with his mother and his brother Jonathan on Salford St in Gore. (File photo)

The report said Harvey focused on Lachie’s half-brothers, Cameron and Jonathan Scott.

“I do not find anything concerning in their movements other than some gaps in timings and continuity, for instance in relation to Jonathan’s movements. In my view there is no evidence to suggest that either half-brother was involved in Lachlan’s death,’’ the report said.

The report said Lachie’s father made a number of assertions about Lachie’s mother, Michelle Officer, and her sons. It said issues had been raised in relation to the standard of care of Lachie from Officer, which appeared to relate to historic matters prior to his death, investigated by Harvey.

Lachie loved playing as a police officer and would give out leaves and stones as ‘tickets’ to his friends. (File photo)

“In my view, while there may have been minor concerns around Lachie’s day-to-day care, I did not see any information on the file that indicated the care of Lachie fell into a category where police, or Oranga Tamariki, would need to be involved with the family prior to his death.”

Sweeney said in his report that he noted reference to some risk behaviour in Lachie’s household regarding drugs, alcohol, and also the driving of a car with him as a passenger, which could cause concern.

“In my view however the overall standard of care in relation to Lachie by his mother might arguably be regarded as negligent in some minor areas but they are not sufficient to raise issues of criminality,’’ he wrote.

The investigation was essentially left in a position where police considered that Lachie was likely the victim of a drowning, and it was difficult to find any evidence to the contrary that would point to a person or persons being directly or indirectly responsible for his death, including through ill-treatment or neglect on that night, Sweeney wrote.

An earlier version of the story incorrectly suggested the police were keeping the report secret. The report was released to Stuff after direction from Coroner Ho.