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

Questions to Officer Downs
11.22 Officer Downs attended. He said that the decision was made to search Sonny
Lodge from entries in his record. He said Sonny was agitated when he came back to the
cell. He walked into the cell and shook his head. Officer Bowcock pointed out his attitude
and referred him to the rules. Officer Downs was standing at the door ready to go. At this
point Sonny made a grab for Officer Bowcock. The governor asked whether Sonny
raised his hand. Officer Downs replied, “They were towards the officer.” The governor
asked whether Sonny Lodge moved towards Officer Bowcock. Officer Downs confirmed
that he did. The governor asked whether Officer Downs interpreted the move as
threatening. Officer Downs said that he asked Officer Cowley to press the alarm bell and
went to Officer Bowcock’s assistance. Officer Bowcock had stepped to one side and
Officer Downs thought he had got hold of an arm. Officer Downs went over to where they
were and Sonny Lodge’s arm was tucked underneath. There was a bit of a struggle. He
said he was not aware of Sonny Lodge being unconscious at any stage but was told
about it afterwards.
Further questions to Sonny Lodge
11.23 The governor asked Sonny whether there was anything else he wanted to say.
He said, “No, Sir.” The governor asked if he moved towards the staff. He replied, “Not at
all.” The governor asked again whether there was anything else Mr Lodge wanted to
say. Sonny Lodge replied that he just laughed and there was nothing else.
Governor’s verdict
11.24 The governor found the charge proved. The record says that Mr Lodge made no
plea in mitigation. The governor considered a conduct report which gave details of the
previous adjudication on 24 July 1998 for endangering health and safety and said that
Mr Lodge was unemployed and his record contained various adverse comments about
behaviour and attitude/swinging lines/being in other cells/sacked from the workshop. It
did not refer to the entry in the history sheets about his having been on F2052SH. The
report gave his release date as 28 August, the day of the adjudication, but there was a
rough note on it indicating remand from Huyton magistrates’ court. The record of hearing
says that Sonny did not wish to comment on the report. The governor gave a penalty of
prospective forfeiture of 14 days remission, which would become effective only if he was
convicted on the criminal charge, and four days’ cellular confinement.
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