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

However, like the various reports of the prisons inspectorate that the inquiry has referred
to, the judgement indicates the manner in which some prison officers apparently found it
acceptable to relate to prisoners in Manchester at the time.
Findings
20.9 I find that:
154
The loss of association imposed by Officer Downs was not properly authorised
and was not recorded in the restriction of facilities record as required.
Sonny Lodge was the principal target of the search but there is no evidence to
show that his cellmate was deliberately excluded from the cell or from the search
for any malicious motive.
It was legitimate to search cells more than once in a searching cycle and Officers
Bowcock and Downs had authority to select Sonny Lodge’s cell for an excess
search that evening.
There were entries in Sonny Lodge’s record suggesting that he had previously
handled unauthorised articles. Setting aside the rough justice of the wing-based
disciplinary system, this gave some grounds for selecting him for a search.
I attach no weight to the discrepancy between the searching officers and the
senior officer about whether they identified the prisoner and cell they intended to
search, but searches can be used punitively and legitimate searches can give
rise to the appearance of unfair treatment. Wing managers should exercise active
supervision over the selection of cells for searching.
When asked to justify the search at the adjudication and to the police, and when
explaining why he did not complete the record, Officer Bowcock showed a casual
disregard for his obligation to give evidence with care and accurately.
I do not find that the search was a consciously vindictive act by the officers but, in
taking note only of the negative entries in his history sheets, and in failing to
notice the scars on his arms, they showed indifference to how Sonny Lodge
might view the search as an additional sanction and indifference to his welfare.
The way that Officer Bowcock drew Sonny Lodge’s attention to the rules was
provocative and unprofessional.