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

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4.25 The report to <strong>the</strong> Governor (Form F254) reads:<br />

“At 1320 on 27.6.98…I told... [Prison No.].. .to extinguish a cigarette …he had lit in <strong>the</strong><br />

toilet. He ignored me. I <strong>the</strong>n told him to put his cigarette out, due to it being a non<br />

smoking zone. He turned towards me and pushed me causing me to lose my balance…”<br />

4.26 The notice appears to have been completed by Officer Brownley and is signed in<br />

his name with a signature which appears similar to his. However, Mr Brownley told <strong>the</strong><br />

inquiry that he did not complete <strong>the</strong> notice and that <strong>the</strong> signature is not his.<br />

The Inmate Medical Record<br />

4.27 The medical <strong>of</strong>ficer at Garth examined Mr Lodge on 29 June. He drew a diagram<br />

in <strong>the</strong> continuous medical record indicating a linear bruise at <strong>the</strong> side <strong>of</strong> his neck. There<br />

is no comment on <strong>the</strong> diagram.<br />

4.28 Officer Brownley, Officer Clucas and Mr Routledge said <strong>the</strong>y were not aware <strong>of</strong><br />

<strong>the</strong> bruise to Mr Lodge’s neck and could not say whe<strong>the</strong>r it occurred during <strong>the</strong> restraint.<br />

Records that were not completed<br />

4.29 Prison Service policy at <strong>the</strong> time required certain o<strong>the</strong>r records to be completed<br />

about an incident <strong>of</strong> this kind. The inquiry could not locate any evidence that <strong>the</strong>y were<br />

completed at <strong>the</strong> time and none <strong>of</strong> <strong>the</strong> witnesses suggested that <strong>the</strong>y had been. The<br />

records in question were:<br />

Prison Service form F213 Injury to Inmate<br />

This form is used to report injury to prisoners and can be completed by any<br />

member <strong>of</strong> staff. There was no F113 Injury to Inmate form in Mr Lodge’s medical<br />

record or any o<strong>the</strong>r file seen by <strong>the</strong> inquiry and it has not been suggested that<br />

one was completed.<br />

The Prison Service says that if <strong>the</strong>re was a mark on Mr Lodge an enquiry should<br />

have been made by staff <strong>into</strong> <strong>the</strong> nature and <strong>circumstances</strong> <strong>of</strong> how it was caused<br />

and appropriate paperwork raised if it was deemed an injury.<br />

Use <strong>of</strong> Force records<br />

There were no records about <strong>the</strong> use <strong>of</strong> control and restraint on Mr Lodge at <strong>the</strong><br />

hospital. Officer Clucas told <strong>the</strong> inquiry that when he returned to <strong>the</strong> prison he<br />

29

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