Coroner Alexander Ho’s inquest into the death of Lachie Jones on January 29 in 2019 continued this morning in Invercargill.
Police swiftly concluded the boy had drowned after he was found face up in a Gore oxidation pond and today Detective Sergeant Dave Kennelly confirmed the investigation should have been completed more carefully.
The witness explained to the court that he was first called to the scene as a member of the search and rescue squad, but on the way there he found out Lachie was dead.
Following that, he attended in his capacity as a criminal investigation branch (CIB) officer.
He said he marked the scene but did not put a scene guard in place.
“Had I known there were allegations [of foul play], absolutely I would’ve put a scene guard on,” Det Sgt Kennelly said.
The witness understood other people had gone into the area to search for Lachie so the scene would have been contaminated.
They locked the gate and thought that was “sufficient for the night”.
Det Sgt Kennelly said he considered the fact that Lachie was found face up and had no marks on his feet, but said that did not cause him concern.
Counsel assisting the coroner Simon Mount, KC, explained that the boy was also described as having bent knees.
“Had you ever come across a drowning [case] with a body position like that?” Mr Mount asked.
“No,” Det Sgt Kennelly replied.
“On the night, considering the circumstances, it was leaning [towards] being explainable, certainly in my mind,” he said.
He told the court it was “quite possible” that the 3-year-old travelled into the oxidation ponds alone.
“We were quite comfortable that he’d been sighted some distance from his home."
Det Sgt Kennelly explained he was told at a briefing that a witness had seen a small person in high-vis on the street where the ponds were situated.
He said based on the “unusual” and “distinctive” clothing the boy was seen wearing, he felt he could rely on that identification.
He had no involvement with the case after 1.45am the morning after Lachie died, so was not consulted about whether a forensic post-mortem was required.
Det Sgt Kennelly agreed it was now obvious that one had been necessary.
Lots of ducks at oxidation ponds: farmer
Local farmer Ross Grant told the court today there were a lot of ducks on the oxidation ponds, including up to 1000 paradise ducks who would moult in January.
The court has heard from multiple witnesses that Lachie liked to chase ducks.
Mr Grant said the pond had a slight current from a drain, but usually things inside the pond were moved by the wind. He recalled there was a northerly breeze on the evening of January 29 in 2019.
The court was told there were 10 entrances to the area where the ponds were, and most were wide enough for a vehicle to get through.
Mr Grant said a goose or swan in the area may have chased or hissed at a small child if it was nesting.
The inquest continues this afternoon and Lachie's father, Paul Jones, was expected to give evidence.
