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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the recess, got about three cells away and was taken back into the recess area and given a beating by officers. Evidence about the circumstances 4.15 The purpose of the visit to Whiston Hospital was for Mr Lodge to see a surgeon about the injuries to his arms, which were heavily bandaged. The two escorting officers said that Mr Lodge was quiet during the taxi journey. Both said his mood changed at Whiston and that in the waiting area he was agitated and abusive to the officers. Officer Brownley thought this began as soon as they arrived, when Mr Lodge started to make his way into the hospital from the taxi and was told to stay with the officers. Officer Clucas said he became angry when he was admonished for going to the toilet a first time without asking permission. Mr Routledge, the off-duty police officer, said he was aware of Mr Lodge being animated and abusive in the waiting area. He was not certain when that began. The nature of Mr Lodge’s injuries 4.16 The surgeon who saw Mr Lodge at Whiston on Saturday afternoon 27 June, shortly after the incident, gave evidence to the inquest that the lacerations were superficial with no nerve or tendon damage. They were closed with sutures the next day. The surgeon advised that this type of injury would not have significantly reduced his ability to defend himself against another person. He said Mr Lodge was very cooperative. 4.17 After Mr Lodge’s death, the forensic pathologist described slash wounds that were healing on his forearms. There were two wounds on the right arm, 17 and 10 centimetres long, and three on the left arm measuring 11.14 and 4.5 centimetres. 4.18 As part of his clinical review for the inquiry, Dr Wright was asked to advise whether the nature of Mr Lodge’s self-inflicted injuries could have precluded him from physically pushing Officer Brownley backwards. 4.19 Dr Wright advised that in his experience, self-inflicted injuries do not preclude an individual from the potential for physical violence towards professionals. Mr Lodge’s selfinflicted wounds, whilst extensive, were to skin and superficial soft tissue. Serious or permanent injury to nerve or muscle tissue could have the potential to limit an individual’s power to exert force but there was no indication in the records of any seriously or permanently injured nerve or muscle tissue. This was confirmed by the surgeon’s report. 27

Officer Brownley’s injury 4.20 Dr Wright also commented that thumb dislocations were generally caused by a moving object (such as a cricket ball), by falling on to the thumb or by entrapment. He said he could understand how Officer Brownley’s injury might have been sustained in his fall but otherwise he asked whether it was an aggravation of a previous injury. Officer Brownley told the inquiry he had experienced no such injury to either hand before the incident at Whiston. 4.21 An accident report dated 27 June stated, “Duty doctor reported extensive damage to ligaments and surrounding tissue on left thumb, including... [illegible in copy] ...and listed for invasive surgery.” 4.22 In his statement to the police on 14 August 1998, Mr Brownley said that his thumb snapped back into place but he was unable to use his hand owing to ligament damage and pain. He said he been in hospital for an operation where his thumb was pinned, ligaments were repaired and his thumb was placed in a splint. Since the incident he had been unable to work. In his statement to the inquiry, Officer Brownley said he had physiotherapy for 12 months after the incident and was eventually informed that he was 20% medically disabled. Contemporary records about the incident Accident report 4.23 Officer Brownley signed a Prison Service accident report on 27 June. This records details of the injury to his thumb (quoted in paragraph 4.21 above), says that the injury occurred during necessary restraint and that the officer was assaulted. Adjudication under the Prison Rules 4.24 A memorandum to a governor at Garth on 28 June from a governor at Risley identified only by initials, asked for an adjudication to be opened and adjourned because the incident had been referred to the police “who will formulate charges”. A governor’s adjudication was opened at Garth on 29 June. Sonny Lodge was charged with assaulting Officer Brownley. The Notice of Report (Form F1127) said: “You assaulted Officer Brownley by pushing him backwards.” According to the record of the adjudication Mr Lodge pleaded guilty. 28

<strong>the</strong> recess, got about three cells away and was taken back <strong>into</strong> <strong>the</strong> recess area and<br />

given a beating by <strong>of</strong>ficers.<br />

Evidence about <strong>the</strong> <strong>circumstances</strong><br />

4.15 The purpose <strong>of</strong> <strong>the</strong> visit to Whiston Hospital was for Mr Lodge to see a surgeon<br />

about <strong>the</strong> injuries to his arms, which were heavily bandaged. The two escorting <strong>of</strong>ficers<br />

said that Mr Lodge was quiet during <strong>the</strong> taxi journey. Both said his mood changed at<br />

Whiston and that in <strong>the</strong> waiting area he was agitated and abusive to <strong>the</strong> <strong>of</strong>ficers. Officer<br />

Brownley thought this began as soon as <strong>the</strong>y arrived, when Mr Lodge started to make<br />

his way <strong>into</strong> <strong>the</strong> hospital from <strong>the</strong> taxi and was told to stay with <strong>the</strong> <strong>of</strong>ficers. Officer<br />

Clucas said he became angry when he was admonished for going to <strong>the</strong> toilet a first time<br />

without asking permission. Mr Routledge, <strong>the</strong> <strong>of</strong>f-duty police <strong>of</strong>ficer, said he was aware<br />

<strong>of</strong> Mr Lodge being animated and abusive in <strong>the</strong> waiting area. He was not certain when<br />

that began.<br />

The nature <strong>of</strong> Mr Lodge’s injuries<br />

4.16 The surgeon who saw Mr Lodge at Whiston on Saturday afternoon 27 June,<br />

shortly after <strong>the</strong> incident, gave evidence to <strong>the</strong> inquest that <strong>the</strong> lacerations were<br />

superficial with no nerve or tendon damage. They were closed with sutures <strong>the</strong> next day.<br />

The surgeon advised that this type <strong>of</strong> injury would not have significantly reduced his<br />

ability to defend himself against ano<strong>the</strong>r person. He said Mr Lodge was very cooperative.<br />

4.17 After Mr Lodge’s death, <strong>the</strong> forensic pathologist described slash wounds that<br />

were healing on his forearms. There were two wounds on <strong>the</strong> right arm, 17 and 10<br />

centimetres long, and three on <strong>the</strong> left arm measuring 11.14 and 4.5 centimetres.<br />

4.18 As part <strong>of</strong> his clinical review for <strong>the</strong> inquiry, Dr Wright was asked to advise<br />

whe<strong>the</strong>r <strong>the</strong> nature <strong>of</strong> Mr Lodge’s self-inflicted injuries could have precluded him from<br />

physically pushing Officer Brownley backwards.<br />

4.19 Dr Wright advised that in his experience, self-inflicted injuries do not preclude an<br />

individual from <strong>the</strong> potential for physical violence towards pr<strong>of</strong>essionals. Mr Lodge’s selfinflicted<br />

wounds, whilst extensive, were to skin and superficial s<strong>of</strong>t tissue. Serious or<br />

permanent injury to nerve or muscle tissue could have <strong>the</strong> potential to limit an<br />

individual’s power to exert force but <strong>the</strong>re was no indication in <strong>the</strong> records <strong>of</strong> any<br />

seriously or permanently injured nerve or muscle tissue. This was confirmed by <strong>the</strong><br />

surgeon’s report.<br />

27

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