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

20.5 Mr Gray and Mr Davies, who were prisoners on G wing and friends of Sonny
Lodge, gave evidence that they saw an officer assault Sonny Lodge. The inquiry was
unable to trace Mr Gray and Mr Davies so could not probe their evidence. In weighing
the evidence of Mr Gray and Mr Davies I take note of the following points:
From the positions where they said they were standing at the time, they would
have been able to see into cell G3.24 to some degree, depending how far the
door was open.
The fact that Mr Gray, and Mr Davies, following him, named officers who were
not on the wing that evening does not wholly undermine their evidence. It is likely
that they were mistaken about the officers’ names.
Mr Gray says that there were three officers in the cell with Sonny at the back of
the cell when he saw the officer whom he called Mr Collier strike Sonny Lodge
with his left arm.
Mr Davies described two officers in the cell both moving towards the door. He
says Sonny was in the middle of the cell. The officers were leaving when the one
behind, Mr Collier, turned back and punched Sonny with a clenched right fist.
20.6 Mr Davies and Mr Gray had no opportunity to confer with Sonny Lodge about
what happened in the cell. It seems likely they saw something of what happened. But
their evidence may relate to the control and restraint not the initial flashpoint. There are
discrepancies in their accounts and their interpretation of events may have been tinged
with prejudice. It is not sufficient to refute the evidence of the two officers that they laid
hands on Sonny Lodge only in the course of control and restraint.
20.7 The critical questions are whether the officers’ use of force was prompted by an
attempted assault by Sonny Lodge; whether it was necessary; and whether it was no
more than required. The evidence of Mr Gray and Mr Davies does not settle that. The
charge against Sonny Lodge was attempted assault not assault. Attempted assault
relies in large measure on the alleged victim’s interpretation of the alleged perpetrator’s
intent. At this distance in time and in the absence of evidence from Sonny Lodge
himself, the inquiry cannot say whether the gestures of Officer Bowcock or Sonny Lodge
were the more threatening.
20.8 In drawing conclusions about the incidents involving Officer Downs, the inquiry
has not attached specific importance to the judgment in the case of Mr Howarth.
153