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

hearing conscientiously but my conclusions about the investigation of the charge are
based on what I consider to be acceptable standards of justice, not on practice in the
Prison Service at the time.
The de novo principle and bias
21.8 It is arguable that Governor McColm did not come to adjudication without prior
knowledge. Governor Munns had passed on to him the information that Sonny Lodge
was likely to make a counter-allegation that Officer Bowcock had attempted to assault
him as payback for some old grievance. I do not think that this knowledge disqualified
Governor McColm from considering the charge against Sonny Lodge with an open mind.
Sonny’s allegation against Officer Bowcock
21.9 Adjudicators were advised to consider whether an allegation against a member of
staff could be fully investigated within the adjudication hearing. Governor McColm
concluded that Sonny Lodge’s allegation that the Officer lunged at him could be.
21.10 Having made that decision, he was required to ensure that the allegation was
fully explored. Sonny Lodge had not had the benefit of any advice about what constitutes
attempted assault. He was at a disadvantage as the defendant facing a charge,
compared with his position if he had been interviewed as a complainant.
21.11 Governor McColm assumed that it was a case of Sonny Lodge’s word against
that of the officers but, from the record, it appears that the officers’ evidence was less
than detailed. According to the governor’s notes, it was largely confirmation of leading
questions by the adjudicator.
21.12 From his own evidence, it was questionable whether Officer Downs was in a
position to see what happened as he was occupied with the lock. The governor did not
probe the context of the search to see whether there might be any anomaly about it that
might cast doubt on the officers’ good faith. Officer Downs and Officer Bowcock gave
different reasons for it, one referring to entries in Sonny Lodge’s record and the other
saying there were entries in the observation book. The governor did not ask for use of
force statements. It is said that they were formulaic and uninformative at the time but
have now been improved. He did not contemplate the possibility of there being other
witnesses to what happened in the cell.
Beyond reasonable doubt
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