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 ...
the course of the evening but, because of what happened later, he was distracted from doing so and did not want to complete the record retrospectively when next he was on duty. Immediately after seeing Mr Lodge he had gone about his wing duties, helping with locking prisoners up and checking the roll. He had taken his tea-break then helped with unlocking prisoners for tea. 9.9 Mr Downs made the following entry in Mr Lodge’s history sheets: “Whilst escorting this inmate from visits he stated ‘you’re on fucking top man’ and ‘fucking screw’. When confronted on the wing later he denied any knowledge despite this having been witnessed by Officer Dean. Warned re his attitude but just laughed. LOA x 1. Incentive Board referral started.” LOA means loss of association. 9.10 Mr Downs omitted to sign the entry. It immediately followed his signed entry about the discharge board. Officer Downs said he may have been confused by that. He was talking to Officer Bowcock while making the entry and might have seen his signature above and assumed he had signed. Officer Dean’s evidence 9.11 Officer Dean told the Prison Service investigation that Sonny Lodge initially went with the group going towards the Bottom Jail (wings A to E) instead of the group going toward the Top Jail (wings G, H, I and K). Mr Downs asked him to move to the right queue. At first Mr Lodge ignored Officer Downs. When asked again to move, Mr Lodge “tutted to himself” and acted as if he “just didn’t care”. Officer Dean said Mr Lodge was abusive but he could not remember him swearing. Sonny Lodge’s account 9.12 According to the summary record of the adjudication next day, Mr Lodge said he was pulled in front of the SO and accused of telling an officer to “fuck off”, then taken to his cell, where he stayed for about an hour before being unlocked for tea. He got his tea and was locked up for about another hour and then the officers came to do a search. Mr Gray’s evidence 9.13 Mr Lodge’s cellmate, Mr Gray, told the Prison Service investigators and the Coroner’s officer that Mr Lodge was “low” when he came back from visits and was holding his head in his hands. Mr Gray said Mr Lodge told him that officers finished his 65
visit before time and that there was a bit of verbal abuse between them from the visit and back to the wing. The cell was unlocked for Mr Lodge to collect tea at about 6 pm and the officer told him he was on “bang-up” (loss of association), to which Mr Lodge said he was not surprised. Mr Gray said the officer called to another officer about speaking to Mr Lodge about it later. 9.14 Mr Gray said that when the cell was unlocked for association, he was told that he must go out of the cell and could not stay with Mr Lodge. SO Nuttall said that if Mr Gray had wanted to give up association and stay with Mr Lodge he could do so. Mr Bowcock said in his police statement in September 1998 that it would be unusual for a prisoner to ask to stay in his cell in these circumstances but 90% of the time they would be told no. However, in oral evidence to the inquiry Mr Bowcock said that a prisoner would be within his rights to stay in his cell during association. How cells were selected for searching 9.15 The inquiry asked how cells were selected for searching. Witnesses said that routine searching was conducted by wing officers and that all cells were searched at least once in a specified cycle. Witnesses’ recollections varied as to whether at the time the cycle was one month or two. A record was kept on the wing so that searching officers could see which cells still required searching to comply with the standard. At the end of the cycle the record was passed to the security department. 9.16 SO Nuttall told the inquiry that officers detailed for searching exercised discretion about which cells to search. He said there was a degree of trust. Staff would have regard to meeting the minimum requirement, but would not search only cells that had not already been searched in the cycle. To confine searching in that way would be to undermine its purpose, if prisoners could count on their cells not being searched more than once in a cycle. Governor McColm said the pattern must always be random. In addition to routine searching by wing officers, targeted searches were undertaken by the prison’s dedicated search team where security information gave rise to particular suspicion. G wing search records 9.17 The records for the searching cycle showed that on 27 August all the cells on G wing had been searched at least once in July or August. Sonny Lodge’s cell, G3.24, had been searched on 12 August 1998. An ‘excess searching sheet’ recorded cells that were 66
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- Page 47 and 48: continued assessment and recording
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- Page 53 and 54: point on the history sheets kept on
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- 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
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- Page 79 and 80: ecollection of the incident and mus
- Page 81 and 82: 9.34 Mr Bowcock was asked about the
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<strong>the</strong> course <strong>of</strong> <strong>the</strong> evening but, because <strong>of</strong> what happened later, he was distracted from<br />
doing so and did not want to complete <strong>the</strong> record retrospectively when next he was on<br />
duty. Immediately after seeing Mr Lodge he had gone about his wing duties, helping with<br />
locking prisoners up and checking <strong>the</strong> roll. He had taken his tea-break <strong>the</strong>n helped with<br />
unlocking prisoners for tea.<br />
9.9 Mr Downs made <strong>the</strong> following entry in Mr Lodge’s history sheets:<br />
“Whilst escorting this inmate from visits he stated ‘you’re on fucking top man’ and<br />
‘fucking screw’. When confronted on <strong>the</strong> wing later he denied any knowledge despite this<br />
having been witnessed by Officer Dean. Warned re his attitude but just laughed. LOA x<br />
1. Incentive Board referral started.”<br />
LOA means loss <strong>of</strong> association.<br />
9.10 Mr Downs omitted to sign <strong>the</strong> entry. It immediately followed his signed entry<br />
about <strong>the</strong> discharge board. Officer Downs said he may have been confused by that. He<br />
was talking to Officer Bowcock while making <strong>the</strong> entry and might have seen his signature<br />
above and assumed he had signed.<br />
Officer Dean’s evidence<br />
9.11 Officer Dean told <strong>the</strong> Prison Service investigation that Sonny Lodge initially went<br />
with <strong>the</strong> group going towards <strong>the</strong> Bottom Jail (wings A to E) instead <strong>of</strong> <strong>the</strong> group going<br />
toward <strong>the</strong> Top Jail (wings G, H, I and K). Mr Downs asked him to move to <strong>the</strong> right<br />
queue. At first Mr Lodge ignored Officer Downs. When asked again to move, Mr Lodge<br />
“tutted to himself” and acted as if he “just didn’t care”. Officer Dean said Mr Lodge was<br />
abusive but he could not remember him swearing.<br />
Sonny Lodge’s account<br />
9.12 According to <strong>the</strong> summary record <strong>of</strong> <strong>the</strong> adjudication next day, Mr Lodge said he<br />
was pulled in front <strong>of</strong> <strong>the</strong> SO and accused <strong>of</strong> telling an <strong>of</strong>ficer to “fuck <strong>of</strong>f”, <strong>the</strong>n taken to<br />
his cell, where he stayed for about an hour before being unlocked for tea. He got his tea<br />
and was locked up for about ano<strong>the</strong>r hour and <strong>the</strong>n <strong>the</strong> <strong>of</strong>ficers came to do a search.<br />
Mr Gray’s evidence<br />
9.13 Mr Lodge’s cellmate, Mr Gray, told <strong>the</strong> Prison Service investigators and <strong>the</strong><br />
Coroner’s <strong>of</strong>ficer that Mr Lodge was “low” when he came back from visits and was<br />
holding his head in his hands. Mr Gray said Mr Lodge told him that <strong>of</strong>ficers finished his<br />
65