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

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Chapter 10:<br />

AFTER THE SEARCH: THE INCIDENT IN THE CELL<br />

Summary<br />

10.1 When Mr Lodge came back to <strong>the</strong> cell Mr Bowcock drew his attention to <strong>the</strong> local<br />

prison rules which he had put on <strong>the</strong> cell noticeboard and highlighted with a red pen. An<br />

incident occurred. Mr Lodge was restrained and charged under <strong>the</strong> statutory Prison<br />

Rules with attempted assault. He was taken to <strong>the</strong> health centre <strong>the</strong>n held in <strong>the</strong><br />

segregation unit overnight. At <strong>the</strong> adjudication next day, Mr Lodge made a counterallegation<br />

that Officer Bowcock had lunged at him. Governor McColm found <strong>the</strong> charge<br />

against Mr Lodge proved.<br />

10.2 The inquiry obtained information from <strong>the</strong> personnel records <strong>of</strong> Officer Downs<br />

and Officer Bowcock and has seen a High Court judgment that names Officer Downs.<br />

The condition <strong>of</strong> <strong>the</strong> cell after <strong>the</strong> search<br />

10.3 No unauthorised articles were found in <strong>the</strong> search. According to <strong>the</strong> evidence Mr<br />

Lodge gave at <strong>the</strong> adjudication next day <strong>the</strong> cell was in a mess. .Mr Gray, <strong>the</strong> o<strong>the</strong>r<br />

occupant <strong>of</strong> <strong>the</strong> cell, gave evidence to <strong>the</strong> Prison Service and <strong>the</strong> inquest that bedding<br />

and property in <strong>the</strong> cupboard had been tipped upside down, that photographs and some<br />

mail had been ripped up and <strong>the</strong> rules stuck on <strong>the</strong> board, with toothpaste, where <strong>the</strong><br />

photographs had been, with <strong>the</strong> rule about not abusing staff ringed in red with arrows<br />

pointing at it.<br />

10.4 Officer Downs told <strong>the</strong> inquest that <strong>the</strong>y did not remake <strong>the</strong> bed but <strong>the</strong>y did not<br />

leave <strong>the</strong> cell in a mess. In his statement to <strong>the</strong> inquiry, Officer Bowcock said that he and<br />

Officer Downs would have tried <strong>the</strong>ir best to return things to <strong>the</strong>ir original places. It would<br />

not have been possible to return <strong>the</strong> cell to <strong>the</strong> exact state that <strong>the</strong>y found it in but <strong>the</strong>y<br />

certainly did not turn <strong>the</strong> contents <strong>of</strong> <strong>the</strong> cell over and it was not in a mess.<br />

10.5 At a preliminary meeting before <strong>the</strong> inquiry was commissioned Sonny Lodge’s<br />

sister told <strong>the</strong> Chair <strong>of</strong> <strong>the</strong> inquiry that after Sonny’s death <strong>the</strong> prison returned two<br />

photographs to <strong>the</strong> mo<strong>the</strong>r <strong>of</strong> Sonny’s children. They had plaster on <strong>the</strong> back as if <strong>the</strong>y<br />

had been stuck on a wall and were in good condition.<br />

The ringing <strong>of</strong> <strong>the</strong> rules<br />

72

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