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

32 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 (paragraph 20.9).
33. 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 (paragraph
20.9).
34 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
(paragraph 20.9).
35 The way that Officer Bowcock drew Sonny Lodge’s attention to the rules was
provocative and unprofessional (paragraph 20.9).
36 There is insufficient evidence to conclude whether the gestures of Officer
Bowcock or Sonny Lodge were the more threatening (paragraph 20.9).
37 There is insufficient evidence to determine whether the use of force on Sonny
Lodge was justified and lawful (paragraph 20.9).
38 An adjudication about a related charge against a prisoner is not a sufficient
investigation of the use of force. Prison managers should have ensured that use
of force records were completed and, as a matter of routine, that an incident
involving uses of force was investigated (paragraph 20.9).
The adjudication and punishment
39 Governor McColm acted in good faith. He had no knowledge of Sonny Lodge’s
history of self-harm or the concerns expressed by his girlfriend that week
(paragraph 21.16).
40 Governor McColm’s decision to segregate Sonny Lodge was based on an
evaluation of where he would receive the best care, but cellular confinement is
punishment and isolation may increase vulnerability (paragraph 21.16).
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