Father of dead toddler not giving up

Paul Jones, of Gore, reflects on the death of his son Lachlan (Lochie), who died in early 2019 in...
Paul Jones, of Gore, reflects on the death of his son Lachlan (Lochie), who died in early 2019 in the ponds of the Gore waste treatment station. Photo: ODT Files
The father of a toddler found dead in an oxidation pond has promised to continue fighting for answers after the Gore District Council entered a guilty plea to health and safety breaches.

Lachlan Jones, of Gore, was found dead in the Southland town’s oxidation ponds in January 2019.

Police said at the time that it was a tragic accidental drowning.

WorkSafe laid a charge against the Gore District Council which is responsible for the pond under the Health and Safety at Work Act 2015.

At the time, the council pleaded not guilty.

The Otago Daily Times understands that position was taken after a high-profile King’s Counsel reviewed the police investigation and was unconvinced the death was accidental.

Had the case gone to trial it could have led to some answers for Lachlan’s father Paul Jones who continues to dispute the findings of two police investigations that the death was an accidental drowning.

After a closed-doors meeting on Thursday, the council decided to enter a plea of guilty to an amended charge laid by WorkSafe.

Council chief executive Stephen Parry said in a statement the council had entered a plea of guilty to the reduced charge of failing to perform a duty.

The allegation that a serious risk of death arose from the council’s breach had been removed, he said.

"As always, our thoughts continue to remain with Lachlan’s whanau.

"His death was a tragedy."

Mr Jones said yesterday he was "shocked" when he found out about the guilty plea on Thursday.

"I don’t know why I have to wait for four years to get to this conclusion [that came] all of sudden, but never mind."

While he said he needed time to process news of the guilty plea, he said it would not deter him in his pursuit for justice.

Christmas was already a difficult time for the family.

"I need to think about what I am going to do moving forward," Mr Jones said.

"It is definitely not gonna stop anything.

"I will continue to search for answers."

A WorkSafe spokesman said yesterday it intended to seek leave to pursue an amended charge under section 49 of the Health and Safety at Work Act 2015 — the offence for failing to comply with duty.

"This application will be considered by the court when the matter is next called on 18 January 2023 and WorkSafe is unable to make further comment before then."

luisa.girao@odt.co.nz

 

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