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 ...
consider the Inmate Medical Record (IMR)as part of the assessment of fitness. Nor was it routine for him or other medical practitioners to ask for the IMR for the purpose of the assessment. The purpose was to assess fitness for adjudication or segregation on the particular day. It was not intended to be a full psychiatric examination with consideration of history. Dr Rozycki said he made a clinical assessment based on a face-to-face examination. He recalled that on occasions when he had any concerns he would call for the records and might also admit a prisoner to the hospital wing for full assessment. He said there was nothing about Mr Lodge’s presentation that caused him to call for the IMR that day or to take any other action. 11.11 The clinical adviser to the inquiry has commented on the system of medical assessment of prisoners’ fitness (see Chapter 13). The evidence heard at the adjudication 11.12 Officer Bowcock’s report of the alleged offence (Form F254) said: “At approx 1945 on 27.9.98 on G wing in cell G3-24 I had just completed a cell search on BE8011 Lodge. He was returned to his cell whereupon I began to explain the rules and regulations pertaining to him during his stay on G wing. At this point, BE8011 Lodge became agitated and lunged at me attempting to assault me. I was in company with Officer Downs and after a short struggle we managed to restrain him and raised the alarm. Other staff arrived shortly and I was relieved of my position.” 11.13 In a written statement, Officer Downs said that he witnessed Mr Lodge lunge at Officer Bowcock. 11.14 Governor McColm was the adjudicator. As is customary, the governor made a record of the hearing in manuscript notes on the F256. The account of the hearing and evidence given below is taken from that note. 11.15 The adjudication opened at 10.17 am. Sonny Lodge pleaded not guilty to the charge of attempted assault. Officer Bowcock read his report. Questions to Sonny Lodge 11.16 Governor McColm asked Sonny Lodge if he had any questions. Sonny Lodge said that he came off a visit and was pulled in front of the SO and accused of swearing at an officer. He was taken to his cell and was there for just under an hour. He went to get his tea and came back upstairs. An hour later Mr Downs and Mr Bowcock told him to 85
take his clothes off for a search and took him to the television room while they searched the cell. Later he came back and went into his pad. The two officers were there. He said his property was everywhere and he was very upset but laughed. Mr Bowcock lunged at him. He tried to roll into a ball, lost consciousness then came round. He said he did not raise his hand to any of the officers. 11.17 The governor asked for SO Nuttall, Officer Downs and Officer Shaw to be called. A written statement from Officer Shaw says that Sonny Lodge told her he expected the officers to plant something in his cell. Officer Shaw did not attend the adjudication and her statement is not referred to in the record. Questions to Officer Bowcock 11.18 The governor questioned Officer Bowcock, who said the search was his first contact with Sonny Lodge, and that he had decided on the search. Officer Bowcock said that was usual because he was a former member of the Dedicated Search Team (DST). The governor asked on what basis Sonny Lodge was searched. Officer Bowcock replied that there were comments in the observation book. He said they were looking for contraband and Lodge had had a visit that day. 11.19 Officer Bowcock denied that he had lunged at Sonny Lodge. The governor asked him to explain Sonny Lodge’s movement towards him. Officer Bowcock said Sonny moved towards him. The governor asked if this was in a threatening manner, whether Sonny raised his arms and whether Officer Bowcock thought Sonny was going to assault him. Officer Bowcock replied yes to each question. The governor asked how he was restrained. The record says Officer Bowcock said he grabbed Sonny’s upper torso but, in evidence to the inquest, Officer Bowcock said that the adjudicating governor misinterpreted what he said and in fact he had grabbed Sonny’s right arm. 11.20 The governor asked Sonny Lodge where he got the bump on his head. He replied that it was during the incident. The governor asked Officer Bowcock whether Sonny Lodge had passed out. Officer Bowcock thought not but had left the cell. Questions to SO Nuttall 11.21 SO Nuttall attended. He confirmed that the officers were detailed to search the cell. He said that he had become aware of the incident when the alarm bell sounded. When he went to the cell, Mr Lodge was being restrained by two officers. He was lapsing into unconsciousness or feigning unconsciousness. A hospital officer was present. 86
- 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 and 92: punishment for the altercation in t
- Page 93 and 94: 82 The diagnosis of dissocial pers
- Page 95: 11.6 Back in the chaplains’ offic
- 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
- Page 143 and 144: Despite these findings, there is in
- Page 145 and 146: 16.17 The inquiry was told that pri
take his clo<strong>the</strong>s <strong>of</strong>f for a search and took him to <strong>the</strong> television room while <strong>the</strong>y searched<br />
<strong>the</strong> cell. Later he came back and went <strong>into</strong> his pad. The two <strong>of</strong>ficers were <strong>the</strong>re. He said<br />
his property was everywhere and he was very upset but laughed. Mr Bowcock lunged at<br />
him. He tried to roll <strong>into</strong> a ball, lost consciousness <strong>the</strong>n came round. He said he did not<br />
raise his hand to any <strong>of</strong> <strong>the</strong> <strong>of</strong>ficers.<br />
11.17 The governor asked for SO Nuttall, Officer Downs and Officer Shaw to be called.<br />
A written statement from Officer Shaw says that Sonny Lodge told her he expected <strong>the</strong><br />
<strong>of</strong>ficers to plant something in his cell. Officer Shaw did not attend <strong>the</strong> adjudication and<br />
her statement is not referred to in <strong>the</strong> record.<br />
Questions to Officer Bowcock<br />
11.18 The governor questioned Officer Bowcock, who said <strong>the</strong> search was his first<br />
contact with Sonny Lodge, and that he had decided on <strong>the</strong> search. Officer Bowcock said<br />
that was usual because he was a former member <strong>of</strong> <strong>the</strong> Dedicated Search Team (DST).<br />
The governor asked on what basis Sonny Lodge was searched. Officer Bowcock replied<br />
that <strong>the</strong>re were comments in <strong>the</strong> observation book. He said <strong>the</strong>y were looking for<br />
contraband and Lodge had had a visit that day.<br />
11.19 Officer Bowcock denied that he had lunged at Sonny Lodge. The governor asked<br />
him to explain Sonny Lodge’s movement towards him. Officer Bowcock said Sonny<br />
moved towards him. The governor asked if this was in a threatening manner, whe<strong>the</strong>r<br />
Sonny raised his arms and whe<strong>the</strong>r Officer Bowcock thought Sonny was going to assault<br />
him. Officer Bowcock replied yes to each question. The governor asked how he was<br />
restrained. The record says Officer Bowcock said he grabbed Sonny’s upper torso but, in<br />
evidence to <strong>the</strong> inquest, Officer Bowcock said that <strong>the</strong> adjudicating governor<br />
misinterpreted what he said and in fact he had grabbed Sonny’s right arm.<br />
11.20 The governor asked Sonny Lodge where he got <strong>the</strong> bump on his head. He<br />
replied that it was during <strong>the</strong> incident. The governor asked Officer Bowcock whe<strong>the</strong>r<br />
Sonny Lodge had passed out. Officer Bowcock thought not but had left <strong>the</strong> cell.<br />
Questions to SO Nuttall<br />
11.21 SO Nuttall attended. He confirmed that <strong>the</strong> <strong>of</strong>ficers were detailed to search <strong>the</strong><br />
cell. He said that he had become aware <strong>of</strong> <strong>the</strong> incident when <strong>the</strong> alarm bell sounded.<br />
When he went to <strong>the</strong> cell, Mr Lodge was being restrained by two <strong>of</strong>ficers. He was lapsing<br />
<strong>into</strong> unconsciousness or feigning unconsciousness. A hospital <strong>of</strong>ficer was present.<br />
86
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