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

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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. 81
82 The diagnosis of dissocial personality disorder by the psychiatrist at Warrington Hospital was only tentative but, from the records, Dr Wright found it appropriate and said that risk of violence and threatening and abusive behaviour could be characteristic of the disorder.
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Report of the Inquiry into the circ
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Crown Copyright 2009 The text in th
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Reports from HM Prisons Inspectorat
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The report makes 48 findings but on
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CONTENTS PART ONE: WHAT LED TO THE
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viii
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Chapter 1 SONNY LODGE AND AN OUTLIN
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denied the charge. He admitted push
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and to Sonny’s wing. A health car
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was not aware of Sonny’s history
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The Court said that any failure to
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structure the inquiry’s considera
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2.25 At the hearings, the solicitor
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or recognition. Their actions may b
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18 In inquiries of this kind it ma
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Chapter 3: RISLEY: 15 TO 26 JUNE 19
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0820 Appeared to be OK when unlocke
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Chapter 4: THE INCIDENT AT WHISTON
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admitted pushing the officer and ga
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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 and 60: the actual memory of many of its st
Page 61 and 62: with officers in the kitchen for go
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: punishment for the altercation in t
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
Page 111 and 112: impulsivity; difficulty forming rel
Page 113 and 114: any underlying paranoid illness as
Page 115 and 116: Chapter 13: ISSUES RAISED IN THE CL
Page 117 and 118: Changes to assessing fitness 13.10
Page 119 and 120: 13.20 One of the mental health nurs
Page 121 and 122: Chapter 14: SAFEGUARDS AGAINST SUIC
Page 123 and 124: Meeting the prisoner’s needs. Thi
Page 125 and 126: 114 Prison culture The policy stat
Page 127 and 128: 14.16 “Prisoners who are at risk
Page 129 and 130: Closing a Plan 14.25 The form says
Page 131 and 132: 14.36 In oral evidence to the inqui
Page 133 and 134: CHAPTER 15: PREVENTING SUICIDE AND
Page 135 and 136: mind in the last week of his life i
Page 137 and 138: colleague to see Sonny Lodge on Thu
Page 139 and 140: 15.21 ACCT also requires a risk ass
Page 141 and 142: Chapter 16: THE INQUIRY’S CONSIDE
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Despite these findings, there is in
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16.17 The inquiry was told that pri
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Chapter 17: TRANSFERS, WING AND CEL
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punishment, there is no evidence th
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held safely; Respect - prisoners ar
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Chapter 18: WAS SONNY LODGE VICTIMI
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surgeon at Whiston Hospital found S
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fact that, as he sees it, injustice
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that it was made at all. However, i
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forcefully, but for prison staff, i
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Chapter 20: THE SEARCH AND THE INCI
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However, like the various reports o
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Chapter 21: THE ADJUDICATION AND PU
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21.4 PSO 2000, which came into effe
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21.13 In order to find the charge a
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Chapter 22: COMMUNICATIONS AND RECO
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opportunity when the senior officer
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prompted special protection. Conseq
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Manchester prison now 23.4 In evide
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Safety 23.13 I have described in pa
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ehaviour, achievements, interaction
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prison. Many prisoners carry a host
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PART FOUR FINDINGS, RECOMMENDATIONS
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Information was not always recorded
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opportunities for social interactio
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41 Governor McColm did not explore
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LIST OF RECOMMENDATIONS I have exer
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LIST OF OBSERVATIONS ABOUT INQUIRY
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ANNEX 1 TERMS OF REFERENCE 1 1. To
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9. Communications and record-keepin
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helpful. The chronology will not fo
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Notice of matters requiring explana
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ANNEX 3 LIST OF LEGAL REPRESENTATIV
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PSI Prison Service Instruction PSI
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