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

The effect of delay
2.11 The history of events leading to the inquiry goes some way to explain why it took
place such a long time after Mr Lodge’s death. There are adverse consequences of this
long delay. Mr Lodge’s family have lived for 11 years with a sense that they have not
heard the whole truth about the circumstances of his death. I hope that the inquiry can
lay that sense to rest.
2.12 The time lapse has been difficult for witnesses, too. The inquiry has called on
them to bring back to mind events that occurred in 1998. It is not an easy experience to
be called to account for one’s actions or judgments from so long ago; actions or
judgments taken in the course of a working day - without benefit of hindsight - and that in
some cases have already been the subject of repeated investigation in other
procedures.
2.13 The lapse of time since Sonny Lodge’s death is manifestly a problem for another
reason. Truth and justice are not well served by delay. The quality of evidence based on
memory of events from 11 years ago cannot be relied on to the same extent as evidence
obtained shortly after the event. For that reason, the inquiry has attached much
importance to evidence obtained during the investigations by the Prison Service and the
Coroner that followed more closely upon Mr Lodge’s death. I have had the benefit of
additional statements from witnesses responding to particular questions that the inquiry
wished to examine and from oral evidence from key witnesses. In considering this
evidence, I have recognised that memory fades and that where witnesses’ accounts of
events have not always been consistent over time I have not assumed that necessarily
indicates an intention to mislead.
The inquiry process
2.14 Mr Lodge’s family, through his sister, Ms Sylvia O’Reilly, and the Prison Service
are interested parties to the inquiry. All the evidence has been shared with them. Both
have been consulted throughout on matters of procedure and their views taken into
account. Both have made submissions about the form and scope of the investigation
and about lines of inquiry.
2.15 Terms of reference for the investigation and procedural arrangements were
adopted in January 2008 after consultation. Ten issues were identified from the initial
documentary evidence. These are attached to the terms of reference and have helped
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