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

Chapter 2: THE INQUIRY AND HOW IT WORKED
Summary
2.1 This chapter explains what led to the inquiry, why it took place so long after
Sonny Lodge’s death, how the inquiry worked, some problems the inquiry faced and
some lessons learned in the process. I make two observations about procedure.
Article 2
2.2 Article 2 (1) of the European Convention on Human Rights states that everyone’s
right to life shall be protected by law. The article imposes on government a duty not only
to refrain from the intentional and unlawful taking of life but also to take positive steps to
protect the right to life of people under its authority.
2.3 When someone who is in the care of government dies, there is a duty to carry out
an official investigation that is independent and effective. It should also be reasonably
prompt. The purpose is to ensure so far as possible that the full facts are brought to light;
that culpable and discreditable conduct is exposed and brought to public notice; that
suspicion of deliberate wrongdoing is allayed if it is unjustified; that dangerous practices
and procedures are rectified; and that those who have lost their relative may at least
have the satisfaction of knowing that lessons learned from the death may save the lives
of others.
What led to the inquiry?
2.4 Sonny Lodge died 11 years ago. The circumstances of his death were
investigated at the time by a prison governor from a young offenders’ institution in the
North West prisons area. The report was not shown to Sonny Lodge’s family. That would
not happen now. Shortly after Mr Lodge’s death, the Prison Service adopted a practice
of showing any such report to the family before the inquest. Moreover, since April 2004,
deaths in prison have been investigated independently by the Prisons and Probation
Ombudsman.
2.5 The inquest on Mr Lodge’s death took place in July 2001. The verdict was that Mr
Lodge killed himself. The family applied for permission to seek judicial review of the
inquest. The High Court refused the application in January 2002 on the grounds that the
Coroner’s decision in the case was in accordance with the law as laid down at the time.
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