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 ...

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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

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

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