Report of the Inquiry into the circumstances of the Death of Bernard ...
Report of the Inquiry into the circumstances of the Death of Bernard ... Report of the Inquiry into the circumstances of the Death of Bernard ...
een “fitted up” by officers on G wing as payback for an incident when he was at Risley. Governor McColm said that he adjourned the hearing to call other witnesses, SO Nuttall, and Officers Downs and Shaw. The hearing recommenced after about an hour and a half. The hearing itself lasted about 20 minutes. He said that the weight of evidence was such that he had no alternative but to find Mr Lodge guilty. Officer Gartside 11.30 Officer Mike Gartside was one of the three segregation officers and an escorting officer at the adjudication. He told the Prison Service investigators that at the adjudication Mr Lodge got very upset as the evidence was being heard. He was protesting his innocence and was emphatic that he “just didn’t do it”. At one time he started crying. SO Knight passed him a Kleenex and the governor gave him time to compose himself. At the end of the adjudication he was quiet and resigned. Officer Gartside went off duty at lunchtime 11.31 Officer Gartside said he had no reason to believe Mr Lodge had a history of selfharm or was likely to self-harm. He had not written the conduct report for the adjudication and did not know whether Mr Lodge’s records were available in the segregation unit. He commented that the F2052SH booklet is conspicuous in a prisoner’s file because of its distinctive colour. SO Knight 11.32 SO Ronald Knight told the Prison Service investigation that Sonny Lodge did not give him any impression at all that he was a person liable to self-harm; he was not aware of a past history of self-harming and he did not know that Sonny Lodge had been on an F2052SH. According to the Treasury Solicitor’s summary note of the inquest, SO Knight said he was aware that Mr Lodge had been subject to an F2052SH but this did not give him cause for concern, rather he just needed to be kept an eye on. 11.33 SO Knight told the inquest that Sonny Lodge appeared quite cheerful at breakfast, that during the adjudication he appeared quite emotional and at one point he might have offered him a tissue. He did not recall Governor McColm or anyone else coming to him with any information about Sonny after the adjudication. 11.34 He recalled that during the adjudication Sonny had said something about his past catching up with him. SO Knight thought this was in connection with the fact that Officer Bowcock was a Liverpool officer. 89
Evidence to the inquiry SO Knight 11.35 SO Knight told the inquiry that he believed that Sonny’s core record which would have contained the old F2052SH was not available in the segregation unit as it had been sent to reception because of his impending release or change of status. He said that the note of his evidence to the inquest was incorrect and it was two days after Sonny Lodge’s death when he found out that he had formerly been on an F2052SH. Governor McColm 11.36 Governor McColm told the inquiry that from his brief conversation with the Deputy Governor he understood that Sonny was likely to be released on bail later that day. He did not know any detail of the incident at Risley that was mentioned as the possible cause of a grudge. He said he had considered whether he could investigate Sonny’s counter-allegation properly. He wanted to understand the cell search and to check it was legitimate. He had adjourned to obtain evidence from the senior officer who would have had to authorise it. SO Nuttall had confirmed that the staff were detailed to search and that he knew they were searching. It was correct for staff to search if they had concerns about someone. He had not attached any significance to Officer Downs saying that there were entries in Sonny Lodge’s record whilst Officer Bowcock said there was an entry in the observation book. He took it there was an entry somewhere giving cause for concern. He had not asked for use of force forms which at that time tended to be written in formulaic terms and were unlikely to be helpful. 11.37 Governor McColm said he had been satisfied that the charge was proved. The officers were clear and consistent in their evidence whereas Sonny Lodge was vague. He had considered whether to adjourn for further investigation but having heard from the three people in the cell at the time of the incident he did not think that there was likely to be significant other evidence. 11.38 Governor McColm has commented that the notes on the F256 are not a verbatim record. They do not capture everything that was said and are not required to do so. Nor can they capture body language or emotions. Even so, the record ran to eight continuation sheets. Governor McColm says that, at the time, it was usual for an adjudication to be completed without continuation sheets and to be over in a matter of minutes. In this case, the adjudication took some 20 or 25 minutes. 90
- 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 and 90: HCOs advised staff to loosen their
- Page 91 and 92: punishment for the altercation in t
- 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: Subsequent statements to the Prison
- 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
- Page 141 and 142: Chapter 16: THE INQUIRY’S CONSIDE
- Page 143 and 144: Despite these findings, there is in
- Page 145 and 146: 16.17 The inquiry was told that pri
- Page 147 and 148: Chapter 17: TRANSFERS, WING AND CEL
- Page 149 and 150: punishment, there is no evidence th
Evidence to <strong>the</strong> inquiry<br />
SO Knight<br />
11.35 SO Knight told <strong>the</strong> inquiry that he believed that Sonny’s core record which would<br />
have contained <strong>the</strong> old F2052SH was not available in <strong>the</strong> segregation unit as it had been<br />
sent to reception because <strong>of</strong> his impending release or change <strong>of</strong> status. He said that <strong>the</strong><br />
note <strong>of</strong> his evidence to <strong>the</strong> inquest was incorrect and it was two days after Sonny<br />
Lodge’s death when he found out that he had formerly been on an F2052SH.<br />
Governor McColm<br />
11.36 Governor McColm told <strong>the</strong> inquiry that from his brief conversation with <strong>the</strong> Deputy<br />
Governor he understood that Sonny was likely to be released on bail later that day. He<br />
did not know any detail <strong>of</strong> <strong>the</strong> incident at Risley that was mentioned as <strong>the</strong> possible<br />
cause <strong>of</strong> a grudge. He said he had considered whe<strong>the</strong>r he could investigate Sonny’s<br />
counter-allegation properly. He wanted to understand <strong>the</strong> cell search and to check it was<br />
legitimate. He had adjourned to obtain evidence from <strong>the</strong> senior <strong>of</strong>ficer who would have<br />
had to authorise it. SO Nuttall had confirmed that <strong>the</strong> staff were detailed to search and<br />
that he knew <strong>the</strong>y were searching. It was correct for staff to search if <strong>the</strong>y had concerns<br />
about someone. He had not attached any significance to Officer Downs saying that <strong>the</strong>re<br />
were entries in Sonny Lodge’s record whilst Officer Bowcock said <strong>the</strong>re was an entry in<br />
<strong>the</strong> observation book. He took it <strong>the</strong>re was an entry somewhere giving cause for<br />
concern. He had not asked for use <strong>of</strong> force forms which at that time tended to be written<br />
in formulaic terms and were unlikely to be helpful.<br />
11.37 Governor McColm said he had been satisfied that <strong>the</strong> charge was proved. The<br />
<strong>of</strong>ficers were clear and consistent in <strong>the</strong>ir evidence whereas Sonny Lodge was vague.<br />
He had considered whe<strong>the</strong>r to adjourn for fur<strong>the</strong>r investigation but having heard from <strong>the</strong><br />
three people in <strong>the</strong> cell at <strong>the</strong> time <strong>of</strong> <strong>the</strong> incident he did not think that <strong>the</strong>re was likely to<br />
be significant o<strong>the</strong>r evidence.<br />
11.38 Governor McColm has commented that <strong>the</strong> notes on <strong>the</strong> F256 are not a verbatim<br />
record. They do not capture everything that was said and are not required to do so. Nor<br />
can <strong>the</strong>y capture body language or emotions. Even so, <strong>the</strong> record ran to eight<br />
continuation sheets. Governor McColm says that, at <strong>the</strong> time, it was usual for an<br />
adjudication to be completed without continuation sheets and to be over in a matter <strong>of</strong><br />
minutes. In this case, <strong>the</strong> adjudication took some 20 or 25 minutes.<br />
90