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

10.45 The High Court gave judgment in February 2004 in an action for damages by the
prisoner involved in the incident. The Home Office had contested the claim. The Court
found as a fact that Mr Downs had taunted and abused a prisoner who he knew had
suffered childhood sexual abuse, and that he had falsified an allegation against the
prisoner, later withdrawing it. The judge found that his conduct amounted to harassment
within the meaning of the Protection from Harassment Act 1997; the false allegation was
an abuse of power; he was guilty of misfeasance in public office; and he had breached
the prisoner’s rights under Article 8 of the European Convention on Human Rights.
10.46 Mr Downs told the inquiry that he was not a party to the litigation, he was not
asked to give evidence, he denied the allegations against him and he did not accept the
finding of the disciplinary panel or the court. He said that apart from this incident and the
caution for not completing forms about Sonny Lodge, his record was exemplary.
Sonny Lodge’s character and credibility
10.47 Just as I said in Chapter 4 paragraph 40 about the incident at Whiston Hospital,
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.
10.48 However, I repeat here paragraph 4.41 about whether Sonny Lodge had a
propensity for violence. The relevant evidence known to the inquiry is that:
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.
The day centre manager said Sonny Lodge thought he was one of the big boys
but he never was.
In evidence to the Prison Service Investigation and the inquest Father McCann
said that Sonny Lodge told him he was not violent and did not commit violent
crimes.
In May 1998 Sonny Lodge was banned from Manchester Drug Service for six
months for threatening behaviour towards one of the doctors.
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