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

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it said Mr Lodge had a history of fitting. Mr Stanley told the inquiry that he could not remember the detail of his actions at the time. Use of force records 10.36 No use of force forms were completed after the incident. In a memorandum of 3 September 1998 for the Prison Service Investigation, PO Hall, the prison’s Control and Restraint Coordinator, confirmed that he had not received any control and restraint forms in relation to the removal of Sonny Lodge from his cell on 27 August and that these were usually received within two days of an incident. 10.37 In evidence to a disciplinary investigation, SO Nuttall said that he was told that segregation staff had said that control and restraint forms were not necessary as Mr Lodge had walked to the segregation unit. 10.38 In his statement for the police, Officer Bowcock said it was normal to do paperwork for locks or restraints but the form was usually produced to him by someone more senior. Also someone had said that Mr Lodge was not restrained so no form was needed. Officer Bowcock thought the paperwork he was required to do was the report for the adjudication. Sonny Lodge’s letter that night 10.39 Writing at around midnight on Thursday 27 August, Mr Lodge says he is starting another sentence for something “I haven’t even done” and he is in two minds whether to “just give up”. He says he does not know when he will be coming home, or if his head can take it. It has all gone a bit too far and “basically they just want to hang me, so let them. I will even hand them the noose”. He says, “They know how to rip you up real bad inside, they keep ripping something out of me every day now.” He says that can only be replaced by his girlfriend and “I am afraid by the time comes, they will have cut off my life force and I will be gone forever.” He says that only his girlfriend has kept him going and not being able to see her on Friday, when he had expected to be released, is too painful to bear: “They are slowly taking me away from you.” Other relevant evidence 10.40 It is the duty of the inquiry to consider all the evidence relating the events of 27 August 1998 described in this report in order to try to form a judgment about the truth of what happened and why. Was Sonny Lodge singled out for a search as additional 79
punishment for the altercation in the afternoon? Was it more sinister: was he being systematically ‘dug out’ because of the alleged assault at Whiston? Or were officers simply doing their difficult job in a professional manner in the face of a resentful prisoner? Was it largely a matter of chance that Sonny Lodge came to their attention, first through ungracious behaviour in the afternoon and then because Officer Bowcock came to discuss searching just when Officer Downs was writing in Mr Lodge’s records? Relevant evidence includes information about the professional practice of the officers involved. The disciplinary histories of the officers involved Officer Bowcock 10.41 There was no adverse information in Officer Bowcock’s staffing records about his conduct towards prisoners. Officer Downs 10.42 The inquiry has seen evidence from the staffing records of Mr Downs and the judgment of Moses J in the case of Stuart Howarth v the Home Office [HC Case No. MA 390061]. These contain information about an incident in December 2000 in which Mr Downs was alleged to have acted towards a prisoner in an unprofessional manner. 10.43 At a disciplinary hearing in June 2002, Officer Downs was found guilty of the offence that on 28 December 2000 he was inappropriately aggressive and abusive to a prisoner. The inquest into Sonny Lodge’s death took place in July 2001. The disciplinary proceedings were pending at the time. 10.44 Officer Downs was dismissed as a result of the disciplinary finding. The Civil Service Appeals Board recommended that he be reinstated with a lesser penalty. According to a memo to the governing Governor on 16 July 2003, the Prison Service accepted the recommendation because Mr Downs had been allowed to continue in the same post after the offence was known, and he had no previous disciplinary record. The penalty substituted was a final written warning in force for five years, removal from the field of promotion for three years, loss of one increment. The final warning expired in June 2007 and Officer Downs was informed that his conduct over the five-year period was satisfactory. 80
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Report of the Inquiry into the circ
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Crown Copyright 2009 The text in th
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Reports from HM Prisons Inspectorat
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The report makes 48 findings but on
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CONTENTS PART ONE: WHAT LED TO THE
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viii
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Chapter 1 SONNY LODGE AND AN OUTLIN
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denied the charge. He admitted push
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and to Sonny’s wing. A health car
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was not aware of Sonny’s history
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The Court said that any failure to
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structure the inquiry’s considera
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2.25 At the hearings, the solicitor
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or recognition. Their actions may b
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18 In inquiries of this kind it ma
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Chapter 3: RISLEY: 15 TO 26 JUNE 19
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0820 Appeared to be OK when unlocke
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Chapter 4: THE INCIDENT AT WHISTON
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admitted pushing the officer and ga
Page 39 and 40: Officer Brownley’s injury 4.20 Dr
Page 41 and 42: was required to resume wing duties
Page 43 and 44: would not be a problem. He said he
Page 45 and 46: Chapter 5: 27 JUNE TO 9 JULY 1998:
Page 47 and 48: continued assessment and recording
Page 49 and 50: 4 July 0630 1650 1930 5 July 0630 1
Page 51 and 52: Table 3 40 9 July 1335 1400 1609 17
Page 53 and 54: point on the history sheets kept on
Page 55 and 56: working prison occupied mainly by c
Page 57 and 58: privileges over and above the facil
Page 59 and 60: the actual memory of many of its st
Page 61 and 62: with officers in the kitchen for go
Page 63 and 64: H wing: 25 July to 1 August 7.37 In
Page 65 and 66: 7.48 On Sunday 16 August, an entry
Page 67 and 68: Chapter 8: SUNDAY 23 AUGUST TO THE
Page 69 and 70: Wing officer 8.8 Officer Sanderson
Page 71 and 72: chaplains to see him. Ms Lorimer to
Page 73 and 74: Thursday morning 8.21 Captain Palme
Page 75 and 76: 9.5 Officer Downs told the inquiry
Page 77 and 78: visit before time and that there wa
Page 79 and 80: ecollection of the incident and mus
Page 81 and 82: 9.34 Mr Bowcock was asked about the
Page 83 and 84: Chapter 10: AFTER THE SEARCH: THE I
Page 85 and 86: and now they’re doing three years
Page 87 and 88: Mr Lodge’s account of the inciden
Page 89: HCOs advised staff to loosen their
Page 93 and 94: 82 The diagnosis of dissocial pers
Page 95 and 96: 11.6 Back in the chaplains’ offic
Page 97 and 98: take his clothes off for a search a
Page 99 and 100: Subsequent statements to the Prison
Page 101 and 102: Evidence to the inquiry SO Knight 1
Page 103 and 104: going to happen to him. She was als
Page 105 and 106: 11.53 In his final letter to his gi
Page 107 and 108: Chapter 12: ISSUES RAISED IN THE CL
Page 109 and 110: should not routinely be used. But i
Page 111 and 112: impulsivity; difficulty forming rel
Page 113 and 114: any underlying paranoid illness as
Page 115 and 116: Chapter 13: ISSUES RAISED IN THE CL
Page 117 and 118: Changes to assessing fitness 13.10
Page 119 and 120: 13.20 One of the mental health nurs
Page 121 and 122: Chapter 14: SAFEGUARDS AGAINST SUIC
Page 123 and 124: Meeting the prisoner’s needs. Thi
Page 125 and 126: 114 Prison culture The policy stat
Page 127 and 128: 14.16 “Prisoners who are at risk
Page 129 and 130: Closing a Plan 14.25 The form says
Page 131 and 132: 14.36 In oral evidence to the inqui
Page 133 and 134: CHAPTER 15: PREVENTING SUICIDE AND
Page 135 and 136: mind in the last week of his life i
Page 137 and 138: colleague to see Sonny Lodge on Thu
Page 139 and 140: 15.21 ACCT also requires a risk ass
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Chapter 16: THE INQUIRY’S CONSIDE
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Despite these findings, there is in
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16.17 The inquiry was told that pri
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Chapter 17: TRANSFERS, WING AND CEL
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punishment, there is no evidence th
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held safely; Respect - prisoners ar
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Chapter 18: WAS SONNY LODGE VICTIMI
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surgeon at Whiston Hospital found S
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fact that, as he sees it, injustice
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that it was made at all. However, i
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forcefully, but for prison staff, i
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Chapter 20: THE SEARCH AND THE INCI
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However, like the various reports o
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Chapter 21: THE ADJUDICATION AND PU
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21.4 PSO 2000, which came into effe
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21.13 In order to find the charge a
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Chapter 22: COMMUNICATIONS AND RECO
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opportunity when the senior officer
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prompted special protection. Conseq
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Manchester prison now 23.4 In evide
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Safety 23.13 I have described in pa
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ehaviour, achievements, interaction
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prison. Many prisoners carry a host
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PART FOUR FINDINGS, RECOMMENDATIONS
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Information was not always recorded
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opportunities for social interactio
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41 Governor McColm did not explore
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LIST OF RECOMMENDATIONS I have exer
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LIST OF OBSERVATIONS ABOUT INQUIRY
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ANNEX 1 TERMS OF REFERENCE 1 1. To
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9. Communications and record-keepin
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helpful. The chronology will not fo
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Notice of matters requiring explana
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ANNEX 3 LIST OF LEGAL REPRESENTATIV
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PSI Prison Service Instruction PSI
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