Report of the Inquiry into the circumstances of the Death of Bernard ...

Despite these findings, there is insufficient evidence to conclude, on the balance
of probabilities, that the incident in the toilet cubicle was premeditated or
contrived.
Sonny Lodge’s behaviour in the waiting area at Whiston hospital was truculent
and challenging.
Officer Brownley’s determination to enforce instant compliance with the hospital
‘no smoking’ policy was overzealous and he sought to enforce his instruction
without the skill and sensitivity that could reasonably be expected of a
professional officer.
The inquiry finds on the balance of probabilities that Mr Lodge pushed Officer
Brownley away in reaction to the officer’s unjustified and inappropriate movement
towards him.
The inquiry is unable to conclude from the evidence available whether or not
Officer Brownley laid hands on Mr Lodge before he was pushed.
Consideration: the Prison Service’s response to the incident
16.9 Given the information known to Risley prison about the serious incident at
Whiston Hospital, it is extraordinary that no action was taken to investigate what
happened or even to ensure that the required records were completed.
16.10 There was a failure to complete appropriate paperwork. Policy at the time
required Use of Force statements to be completed whenever officers used control and
restraint. An F213 Injury to Inmate form should have been completed with reference to
the bruise on Sonny Lodge’s neck that is recorded in his medical record. Completion of
an F213 would have required a brief report of the circumstances in which the injury was
sustained so might have prompted further inquiry about the circumstances of the injury.
16.11 There was no Prison Service investigation of the incident on the grounds that the
case was in the hands of the police. It is not clear how the police came to pursue it.
Although he was the complainant, Officer Brownley told the inquiry that it was not his
initiative. Risley prison apparently already believed on 28 June that the police were to
formulate charges.
16.12 The case seems not to have been a high priority for the police. The incident
occurred on 27 June. Mr Routledge was interviewed on 8 July and Officer Brownley on 4
132