Father didn't raise concerns over Lachie's care: police

Paul Jones with toddler Lachie Jones. PHOTO: JONES FAMILY/SUPPLIED
Paul Jones with toddler Lachie Jones. PHOTO: JONES FAMILY/SUPPLIED

A police officer says Lachie Jones’ father faked an injury to avoid being held in police custody and did not raise concerns about the care of his son.

Coroner Alexander Ho’s inquest into the 2019 death of the 3-year-old continued in Invercargill this afternoon.

Police formed the view Lachie had drowned after he was found face up in a Gore oxidation pond.

Sgt Hua Tamariki had dealt with Lachie’s father, Paul Jones, before, when he was arrested for assaulting the boy's mother, Michelle Officer.

Mr Jones earlier gave evidence that he had raised his concern about Lachie’s care with Sgt Tamariki at this time.

But the officer recalled the car ride had been silent.

“Mr Jones had earlier fabricated an injury to avoid being held in police custody,” the witness said.Sgt Tamariki took Mr Jones to a doctor after he was walking hunched over and complaining of pain in his chest.

He said the doctor believed Mr Jones may have been “faking” his injury.

The witness said after Mr Jones was cleared he was walking with regular posture and no longer seemed to be in pain.

“I made it clear to him that I was unhappy he had wasted police time.”

“At no time did he express any concerns to me about Lachlan’s care,” Sgt Tamariki said.

He explained that if concerns of that nature had been raised he would have investigated further.

Mr Jones gave evidence that after Lachie’s death he told Sgt Tamariki something like: "I told you this was going to happen".

“I cannot recall Mr Jones mentioning or saying anything like this to me,” the witness said.

“I recall just trying to stay out of his way.”

Counsel for Mr Jones, Max Simpkins, said his client and another witness were sure Mr Jones raised concerns with Sgt Tamariki.

“You can't recall this information because it reflects poorly on you as a police officer, doesn't it?” Mr Simpkins asked.

“I would say that’s an incorrect statement,” the witness replied.

“If that was said, I have no recollection of hearing that.”

It became clear that police involved were not sure who the officer in charge of the investigation was.

Snr Sgt Cynthia Fairley believed it was Sgt Tamariki, but he believed it was her.

Counsel for Snr Sgt Fairley, Susan Hughes KC, put it to the witness that he was “calling the shots” and information relating to the investigation was directed to his shared folder.

“I wouldn't use the term 'calling the shots',” he replied.

“I was of the belief I was not the head officer in charge of the investigation.”

Snr Sgt Fairley gave evidence that Sgt Tamariki wanted to be in charge of the investigation as it was a development opportunity for him.

Sgt Tamariki denied that was the case.

Snr Sgt Fairley admitted she had learned lessons from investigating Lachie Jones’ death, including that the leadership structure should have been more clear.

“I could be more proactive in supervising some staff,” she said.

Sgt Tamariki will continue giving evidence tomorrow.

Senior officer 'regretful' 

Snr Sgt Fairley earlier said it was "just an assumption" that Lachie ran past a neighbour’s house on the night he died.

She said she did not agree police were "hasty" in reaching that conclusion. 

"I wouldn't say hasty . . . from what was immediately in front of us, the right decision was made," the witness said.

Snr Sgt Fairley, who was the most senior officer involved on the night, said while police did not know how Lachie got to the ponds they were "confident" he was seen running past neighbours’ houses.

"That was incorrect, wasn't it . . . because none of the witnesses knew Lachie," counsel assisting the coroner Simon Mount KC asked.

The witness agreed that it was "just an assumption" and police only had a description of the boy - no confirmation that it was Lachie.

Snr Sgt Fairley accepted that on the night, the cause of death, time of death and how Lachie got to the ponds was unknown.

"Is it fair to say that the list of what you didn't know, through evidence, [was] longer than the list of what you did know?" Mr Mount asked.

"That is fair to say," the witness replied.

"At that time the information we had in front of us did not indicate a suspicious death."

She said she accepted Lachie had "a propensity to run off" based on her conversations with Lachie’s mother Michelle Officer.

"Her recollection and her demeanour was genuine and authentic," Snr Sgt Fairley said.

"I believed her."

Paul Jones in the witness stand of the Invercargill Courthouse. Photo: Robin Eadie/Pool
Paul Jones in the witness stand of the Invercargill Courthouse. Photo: Robin Eadie/Pool

Two coroners directed a forensic post-mortem be completed but after a lengthy conversation between the coroner and police, in which Snr Sgt Fairley was involved, the direction was withdrawn.

The coroner noted police had described the situation as a "routine death" and they did not require a forensic post-mortem.

"I don't think I ever called it a 'routine death'," Snr Sgt Fairley said.

"I believed a full post-mortem would be helpful from what we knew."

Snr Sgt Fairley said in hindsight, the scene should have been preserved and the leadership structure should have been more clear.

"I am regretful that I didn't give the investigation to the officer in charge of CIB in Gore," the witness said.

She said she had learned lessons from the investigation into Lachie Jones’ death.

Snr Sgt Fairley will continue giving evidence this afternoon.

'Botched-up police job'

Earlier, Lachie Jones’ father described the investigation into his son’s death as a "botched up police job" and still does not accept the conclusion that he drowned.

Paul Jones gave evidence that he did not see Lachie walk or run very far and never saw him climb.

He explained he tried to take him on his courier run but it was a "disaster" with Lachie having to be carried most of the time.

"He was a lazy little prick," Mr Jones joked.

The witness gave evidence that he never believed Lachie walked 1.2km on his own and was concerned about leaving Lachie with Ms Officer and her sons Cameron and Jonathan Scott.

"It seems like a bloody botched-up police job and you’re trying to fix it," Mr Jones said.

"Well that’s what we’re trying to do," counsel for the police Robin Bates replied.

The witness said in the early stages of his relationship with Lachie’s mother Michelle Officer, he treated her kids as his own.

He admitted he would get drunk and yell at Cameron and Jonathan.

"I take full responsibility for it . . . I have, on numerous occasions, roared at those boys," Mr Jones confessed.

"I did get very hot tempered."

On an occasion before Lachie's death, Mr Jones was arrested and said to a police officer he was concerned about Lachie living with Ms Officer and her sons.

He said he thought if the situation continued between Lachie and Ms Officer's sons, Lachie would not make it to age five.

The witness explained on the night Lachie died he "had a go" at the same police officer and said something like "I told you this was going to happen".

Mr Jones said he felt the police had no respect for him or Lachie.

"They've forgotten what this investigation is all about and why we're here today," he said.

He also explained why he did not want a forensic post-mortem carried out on Lachie.

"I just didn't want my son to be cut up," Mr Jones said.

While he did not believe his son had travelled to the ponds alone, he did not know what happened, he said.

"I can't understand why he’d do it, he’s never acted like that before," the witness said.

"I want to know what happened."

He explained he stayed at Ms Officer’s house in the days before Lachie’s disappearance.

"I planned on trying to turn things around and make it work," Mr Jones said.

"I had Lachie and I thought he deserved a family."

Despite this and the fact that a court ordered Ms Officer would have the day-to-day care of Lachie, Mr Jones did not believe she was a good mother.

"Do you still hold your contention that Michelle was neglectful?" counsel for Ms Officer Beatrix Woodhouse asked.

"Yes," Mr Jones replied.

The inquest continues with Senior Sergeant Cynthia Fairley next in the witness box.

felicity.dear@odt.co.nz