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 ...
HMCIP recommended that an effective system of managerial supervision over staff decisions should be implemented. 7.24 A memorandum dated 1 October 1999 instructed that the authority to award loss of association was withdrawn and drew wing managers’ attention to the incentives and earned privileges system, through which unacceptable behaviour should be addressed. E wing: 11 July to 25 July 7.25 As a sentenced prisoner, Mr Lodge was on E wing in the Bottom Prison from Saturday 11 July to Saturday 25 July. The F2052SH was reviewed and closed on 20 July. By Thursday 23 July he had started work in the upholstery workshop. 7.26 On 17 July, Officer Thompson recorded in Mr Lodge’s history sheets 1 that, at his request, he made enquiries about whether the police would pursue the alleged assault on Officer Brownley at Risley and told Mr Lodge that it was not yet known whether the charge would be pursued. 7.27 In a letter the same day, Mr Lodge asked his girlfriend to arrange for his solicitor to visit “as I have just been informed the police will take action for what happened at Risley”. He claims to be confident there is nothing to worry about. In the same letter he says that officers are “still trying to get me to kick off…now they know the score”. 7.28 Mr Lodge’s letters from E wing relate several adverse encounters with prison staff. In an undated letter, Mr Lodge says he has just done five weeks (which would be Saturday 18 July) and has to go in front of the governor tomorrow for “that little incident the other morning at breakfast”. He also writes disparagingly about prison officers. He says they are trying to provoke him. 7.29 In another undated letter from the period before Mr Lodge started work, he refers to a reprimand from a governor and more problems with prison officers on the way back. On Sunday 19 July, Mr Lodge writes that he has “just been nicked again, right in the middle of church”. He seems to interrupt the letter, saying he has just been shouted at on the landing and “here we go again…for another nicking”. Resuming the letter, he says he has just been banned from church and had “another bollocking”. In another undated letter from E wing, Mr Lodge tells his girlfriend he has just had another problem 1 Form F2052A Record of Events is commonly known as the ‘history sheets’. It forms part of a prisoner’s individual record and contains a record of significant events. It is held on the residential unit where the prisoner is based. 49
with officers in the kitchen for going down for seconds but it ended “in a joke, so no charge sheet for that”. There are no records in the history sheets correlating with any of these incidents. During this period Sonny was still considered to be at risk of suicide or self-harm. The F2052SH form was closed on 20 July. 7.30 An entry by SO Lowe in the history sheets on 22 July says that he warned Mr Lodge at 6 pm for being incorrectly dressed. When he was still improperly dressed at 7.20 pm he was locked up for the rest of the evening. Mr Lodge’s account, in his letter of the same day, is that he had just got on the pool table when he was “nicked … for not having his shirt tucked in at the back”. According to his girlfriend, he saw this as playing games with him. 7.31 In a letter dated Thursday 23 July, Mr Lodge says he was in work all morning: “What a laugh. I had about 90 staples stuck in my head.” He claims the officers are “still” trying to provoke him but he is not rising to the bait. In an undated letter that seems to be from the same day Mr Lodge says he is doing fine except for the officers who “seem to be trying to get me on one”. He says he knows he has only four weeks to go and is trying to “get on with it” but “if this carries on, someone is going to fall and I know it won’t be me.” He expects to be “in front of the governor again” and wonders what the officers will come up with next: maybe “nicking me for snoring.” Mr Lodge says he still has no phonecard to make telephone calls but hopes to get one on Sunday or Monday. Disciplinary offence 7.32 On Friday 24 July, Mr Lodge was sacked from the workshop and returned to E wing at 9 am. He was then located in the segregation unit, awaiting adjudication on charge 810/98, endangering health or safety by firing staples from a compressed air gun. The papers from the adjudication are no longer available and Mr Lodge’s letters do not give any account of the incident giving rise to the charge. The penalty the governor imposed was seven added days suspended for one month, seven days stoppage of 100% earnings and seven days stoppage of all privileges, including: 50 canteen (buying things from the prison shop) association (indoor recreation periods with other prisoners but not statutory exercise) tobacco
- Page 9 and 10: CONTENTS PART ONE: WHAT LED TO THE
- Page 11 and 12: viii
- Page 13 and 14: Chapter 1 SONNY LODGE AND AN OUTLIN
- Page 15 and 16: denied the charge. He admitted push
- Page 17 and 18: and to Sonny’s wing. A health car
- Page 19 and 20: was not aware of Sonny’s history
- Page 21 and 22: The Court said that any failure to
- Page 23 and 24: structure the inquiry’s considera
- Page 25 and 26: 2.25 At the hearings, the solicitor
- Page 27 and 28: or recognition. Their actions may b
- Page 29 and 30: 18 In inquiries of this kind it ma
- Page 31 and 32: Chapter 3: RISLEY: 15 TO 26 JUNE 19
- Page 33 and 34: 0820 Appeared to be OK when unlocke
- Page 35 and 36: Chapter 4: THE INCIDENT AT WHISTON
- Page 37 and 38: admitted pushing the officer and ga
- Page 39 and 40: Officer Brownley’s injury 4.20 Dr
- Page 41 and 42: was required to resume wing duties
- Page 43 and 44: would not be a problem. He said he
- Page 45 and 46: Chapter 5: 27 JUNE TO 9 JULY 1998:
- Page 47 and 48: continued assessment and recording
- Page 49 and 50: 4 July 0630 1650 1930 5 July 0630 1
- Page 51 and 52: Table 3 40 9 July 1335 1400 1609 17
- Page 53 and 54: point on the history sheets kept on
- Page 55 and 56: working prison occupied mainly by c
- Page 57 and 58: privileges over and above the facil
- Page 59: the actual memory of many of its st
- Page 63 and 64: H wing: 25 July to 1 August 7.37 In
- Page 65 and 66: 7.48 On Sunday 16 August, an entry
- Page 67 and 68: Chapter 8: SUNDAY 23 AUGUST TO THE
- Page 69 and 70: Wing officer 8.8 Officer Sanderson
- Page 71 and 72: chaplains to see him. Ms Lorimer to
- Page 73 and 74: Thursday morning 8.21 Captain Palme
- Page 75 and 76: 9.5 Officer Downs told the inquiry
- Page 77 and 78: visit before time and that there wa
- Page 79 and 80: ecollection of the incident and mus
- Page 81 and 82: 9.34 Mr Bowcock was asked about the
- Page 83 and 84: Chapter 10: AFTER THE SEARCH: THE I
- Page 85 and 86: and now they’re doing three years
- Page 87 and 88: Mr Lodge’s account of the inciden
- Page 89 and 90: HCOs advised staff to loosen their
- Page 91 and 92: punishment for the altercation in t
- Page 93 and 94: 82 The diagnosis of dissocial pers
- Page 95 and 96: 11.6 Back in the chaplains’ offic
- Page 97 and 98: take his clothes off for a search a
- Page 99 and 100: Subsequent statements to the Prison
- Page 101 and 102: Evidence to the inquiry SO Knight 1
- Page 103 and 104: going to happen to him. She was als
- Page 105 and 106: 11.53 In his final letter to his gi
- Page 107 and 108: Chapter 12: ISSUES RAISED IN THE CL
- Page 109 and 110: should not routinely be used. But i
with <strong>of</strong>ficers in <strong>the</strong> kitchen for going down for seconds but it ended “in a joke, so no<br />
charge sheet for that”. There are no records in <strong>the</strong> history sheets correlating with any <strong>of</strong><br />
<strong>the</strong>se incidents. During this period Sonny was still considered to be at risk <strong>of</strong> suicide or<br />
self-harm. The F2052SH form was closed on 20 July.<br />
7.30 An entry by SO Lowe in <strong>the</strong> history sheets on 22 July says that he warned Mr<br />
Lodge at 6 pm for being incorrectly dressed. When he was still improperly dressed at<br />
7.20 pm he was locked up for <strong>the</strong> rest <strong>of</strong> <strong>the</strong> evening. Mr Lodge’s account, in his letter <strong>of</strong><br />
<strong>the</strong> same day, is that he had just got on <strong>the</strong> pool table when he was “nicked … for not<br />
having his shirt tucked in at <strong>the</strong> back”. According to his girlfriend, he saw this as playing<br />
games with him.<br />
7.31 In a letter dated Thursday 23 July, Mr Lodge says he was in work all morning:<br />
“What a laugh. I had about 90 staples stuck in my head.” He claims <strong>the</strong> <strong>of</strong>ficers are “still”<br />
trying to provoke him but he is not rising to <strong>the</strong> bait. In an undated letter that seems to be<br />
from <strong>the</strong> same day Mr Lodge says he is doing fine except for <strong>the</strong> <strong>of</strong>ficers who “seem to<br />
be trying to get me on one”. He says he knows he has only four weeks to go and is trying<br />
to “get on with it” but “if this carries on, someone is going to fall and I know it won’t be<br />
me.” He expects to be “in front <strong>of</strong> <strong>the</strong> governor again” and wonders what <strong>the</strong> <strong>of</strong>ficers will<br />
come up with next: maybe “nicking me for snoring.” Mr Lodge says he still has no<br />
phonecard to make telephone calls but hopes to get one on Sunday or Monday.<br />
Disciplinary <strong>of</strong>fence<br />
7.32 On Friday 24 July, Mr Lodge was sacked from <strong>the</strong> workshop and returned to E<br />
wing at 9 am. He was <strong>the</strong>n located in <strong>the</strong> segregation unit, awaiting adjudication on<br />
charge 810/98, endangering health or safety by firing staples from a compressed air<br />
gun. The papers from <strong>the</strong> adjudication are no longer available and Mr Lodge’s letters do<br />
not give any account <strong>of</strong> <strong>the</strong> incident giving rise to <strong>the</strong> charge. The penalty <strong>the</strong> governor<br />
imposed was seven added days suspended for one month, seven days stoppage <strong>of</strong><br />
100% earnings and seven days stoppage <strong>of</strong> all privileges, including:<br />
50<br />
canteen (buying things from <strong>the</strong> prison shop)<br />
association (indoor recreation periods with o<strong>the</strong>r prisoners but not statutory<br />
exercise)<br />
tobacco