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

21.13 In order to find the charge against Sonny Lodge proved, the adjudicator had to be
satisfied beyond reasonable doubt. For the same reasons that the inquiry considers that
Governor McColm made insufficient investigation to dispose of the allegation against the
officer, the inquiry concludes that he did not probe the evidence sufficiently to justify a
finding that the charge against Sonny Lodge was proved.
Fitness for adjudication and cellular confinement
21.14 The prison medical officer saw Sonny Lodge before the adjudication and, on the
basis of a conversation, but without reference to his medical history, found him fit for
adjudication and cellular confinement. When he decided to impose cellular confinement,
Governor McColm had no knowledge of Sonny Lodge’s previous self-harm or the
concerns his girlfriend expressed that week. Dr Wright has commented on the system for
assessing prisoners’ fitness and the issue has been considered in Chapter 13. Suffice it
to say here, that an assessment for cellular confinement without access to any history
seems manifestly inadequate. That has been recognised in the system now in operation.
21.15 Policy at the time of Sonny Lodge’s death required prisoners in segregation to be
observed at least once an hour. Mr Johnson left Sonny Lodge sometime between three
and four o’clock. Sonny Lodge was seen during roll check at about 4.40 pm. No one
came to his cell again until 6.20 pm.
Findings and recommendation
21.16 Findings:
160
Governor McColm acted in good faith. He had no knowledge of Sonny Lodge’s
history of self-harm or the concerns expressed by his girlfriend that week.
Governor McColm’s decision to segregate Sonny Lodge was based on an
evaluation of where he would receive the best care, but cellular confinement is
punishment and isolation may increase vulnerability.
Governor McColm did not explore the circumstances of the incident sufficiently to
dispose of Sonny Lodge’s counter-allegation against Officer Bowcock.
Governor McColm did not explore the circumstances of the incident sufficiently to
find that the charge against Sonny Lodge was proved beyond reasonable doubt.
The assessment of Sonny Lodge’s fitness for adjudication and cellular
confinement before the hearing complied with Prison Service policy at the time