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

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ecollection <strong>of</strong> <strong>the</strong> incident and must have been mistaken about <strong>the</strong> observation book.<br />

He confirmed to <strong>the</strong> inquiry that he specifically recalled that <strong>the</strong> <strong>of</strong>ficers had told SO<br />

Nuttall that <strong>the</strong>y wanted to search a particular prisoner because his demeanour and <strong>the</strong><br />

entries in his record indicated that he might have something to hide.<br />

9.23 According to <strong>the</strong> Coroner’s notes <strong>of</strong> oral evidence to <strong>the</strong> inquest in July 2001, Mr<br />

Downs said he had read Mr Lodge’s wing history sheets but could not say whe<strong>the</strong>r <strong>the</strong>y<br />

showed he had been on F2052SH or was alleged to have assaulted an <strong>of</strong>ficer. He said<br />

he did not check <strong>the</strong> observation log.<br />

9.24 In his statement to <strong>the</strong> inquiry, Mr Downs said that he was not aware that Mr<br />

Lodge was facing a criminal charge <strong>of</strong> assaulting a Risley prison <strong>of</strong>ficer and he had not<br />

noticed <strong>the</strong> entry in <strong>the</strong> history sheets about this that was subsequently brought to his<br />

attention.<br />

9.25 In oral evidence to <strong>the</strong> inquiry, Mr Downs said that when he had been making <strong>the</strong><br />

entry about what happened coming back from visits, which “seemed completely out <strong>of</strong><br />

<strong>the</strong> blue”, he had wondered if anything similar had happened before so he “had a quick<br />

précis through a page or two back to … see if <strong>the</strong>re was any sort <strong>of</strong> pattern <strong>of</strong> any sort <strong>of</strong><br />

behaviour that would establish why he’d been like he had and I saw <strong>the</strong> entries<br />

reference swinging lines and being in <strong>the</strong> cell he wasn’t supposed to be, and <strong>the</strong>n put<br />

that toge<strong>the</strong>r with <strong>the</strong> fact that he’d been very stand<strong>of</strong>fish after a visit and, you could call<br />

it assumption, but you have to work on hunches and your sixth senses, if you like, when<br />

you’re working with that kind <strong>of</strong> level <strong>of</strong> information.”<br />

9.26 Mr Downs went on to say that it might not have crossed his mind to search<br />

Sonny Lodge’s cell that evening but for <strong>the</strong> fact that Officer Bowcock happened to<br />

approach him about where <strong>the</strong>y were going to search just when he was writing in Sonny<br />

Lodge’s file.<br />

Officer Bowcock’s evidence<br />

9.27 Mr Bowcock said at <strong>the</strong> adjudication and again at a disciplinary interview in 1999<br />

that Mr Lodge was identified as a legitimate target from <strong>the</strong> observation book.<br />

9.28 In his statement to <strong>the</strong> police in September 1998, Mr Bowcock said that it was<br />

comments in <strong>the</strong> wing observation book that brought Mr Lodge to his attention. When it<br />

was pointed out that <strong>the</strong>re were no adverse comments in <strong>the</strong> observation book, Mr<br />

Bowcock acknowledged that he had been in conversation with Mr Downs at <strong>the</strong> time,<br />

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