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

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Chapter 20:<br />

THE SEARCH AND THE INCIDENT IN THE CELL (2): FURTHER CONSIDERATION<br />

AND FINDINGS<br />

Introduction<br />

20.1 This chapter considers <strong>the</strong> evidence about <strong>the</strong> incident in cell G3-24 after <strong>the</strong><br />

search and states <strong>the</strong> inquiry findings about both <strong>the</strong> search and <strong>the</strong> incident in <strong>the</strong> cell.<br />

Consideration<br />

The ringing <strong>of</strong> <strong>the</strong> rules in red<br />

20.2 At <strong>the</strong> adjudication, Officer Bowcock reported that he began to explain <strong>the</strong> G wing<br />

rules and regulations to Sonny Lodge, who became angry and lunged at him. Sonny<br />

Lodge told <strong>the</strong> governor that when he came back to <strong>the</strong> cell his property was<br />

everywhere, he laughed nervously, <strong>the</strong> <strong>of</strong>ficer lunged at him and he curled up in a ball<br />

on <strong>the</strong> floor.<br />

20.3 Sonny’s cellmate, Mr Gray, told <strong>the</strong> Prison Service investigation about finding <strong>the</strong><br />

rules ringed in red on <strong>the</strong> cell noticeboard. The police asked Officer Bowcock about it.<br />

Officer Bowcock told <strong>the</strong> police that he reminded Sonny Lodge <strong>of</strong> <strong>the</strong> rules because he<br />

had formed <strong>the</strong> impression Sonny Lodge was not a model prisoner. To <strong>the</strong> inquiry,<br />

Officer Bowcock acknowledged with hindsight that <strong>the</strong> way he drew Sonny Lodge’s<br />

attention to <strong>the</strong> rules may not have been good practice. It is to Officer Bowcock’s credit<br />

that he now recognises that. His action was misguided. It was demeaning to Sonny<br />

Lodge and, coupled with Officer Downs’ involvement in <strong>the</strong> search, it would have<br />

indicated a clear link between <strong>the</strong> search and <strong>the</strong> altercation in <strong>the</strong> afternoon, suggesting<br />

that <strong>the</strong> search was additional punishment.<br />

Evidence about <strong>the</strong> alleged attempted assault<br />

20.4 Officer Bowcock said that Sonny Lodge moved forward with arms raised and,<br />

believing he intended to assault him, Officer Bowcock took pre-emptive action, pushing<br />

Mr Lodge <strong>into</strong> <strong>the</strong> corner <strong>of</strong> <strong>the</strong> cell and grabbing his arm. Sonny Lodge said he did not<br />

threaten <strong>the</strong> <strong>of</strong>ficer but <strong>the</strong> <strong>of</strong>ficer lunged at him. Officer Downs and Bowcock <strong>the</strong>n<br />

restrained Sonny Lodge. They said that he resisted. Sonny Lodge said he curled up on<br />

<strong>the</strong> floor.<br />

152

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