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

would not be a problem. He said he did not recall applying for a transfer to Manchester
but when shown documents about this he agreed that it appeared that he had applied
before 4 June 1998, appealed against a refusal, attended an interview at Manchester on
22 July but was again refused. Officer Brownley pointed out that he was being asked to
recall events from over ten years ago.
Officer Brownley’s disciplinary record
4.38 The inquiry has received evidence about Officer Brownley’s disciplinary record. In
1995 he was disciplined for assaulting a prisoner. The circumstances of the assault were
that during a night shift a prisoner was playing a radio loudly. Officer Brownley opened
the cell intending to seize the radio. Officer Brownley admitted misconduct but said, in
mitigation, that the prisoner had provoked him. To the inquiry, Officer Brownley said that
the prisoner had come at him and he had responded first in self-defence then swung at
him again.
4.39 The matter was not referred to the police. Officer Brownley received a loss of
increment for 12 months from October 1995 and a final written warning to expire in five
years, on 1 July 2000, instead of the usual period of three years. He was also placed on
a 12 month period of special supervision and required to attend courses in personal
development and anger management. There were two reports of Officer Brownley
resorting to verbal anger during the period of supervision. At the end of the 12 month
period his performance was deemed to be satisfactory.
The character and credibility of Sonny Lodge
4.40 In evaluating the evidence about several issues in this inquiry, I have to consider
the character, conduct and credibility of Sonny Lodge. I have set out my consideration of
this in full in Chapter 18 in relation to Sonny Lodge’s claims that he was victimised by
prison officers.
4.41 Most pertinent to the incident at Whiston is whether Sonny Lodge had a
propensity for violence. The relevant evidence known to the inquiry is that:
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He had one conviction for causing actual bodily harm in 1987, at the age of 17,
incurring a fine of £100.
His sister said he was not aggressive and she had never known him to pick a
fight.