A deadlocked jury in the case of a former garda who alleged he was wrongfully struck by a 6′8″ garda with a baton after a high-speed pursuit has been discharged at the High Court after the foreperson told the judge they could not reach a decision.
On Friday evening the foreperson said there was no progress being made. Mr Justice Micheál O’Higgins thanked them for their service and excused them from jury service for five years.
It was the seventh day of the case. The jury began their deliberations at about 2.45pm on Thursday.
The case was brought by John Bowe (41) who was arrested following the chase, which occurred outside Bunclody, Co Wexford, on December 5th, 2014. Mr Bowe, of Coolnaleen, Camolin, Enniscorthy, was subsequently convicted of various counts of dangerous driving arising from the chase.
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Mr Bowe, an ex-garda, brought the action over alleged injuries sustained when Supt Rory Sheriff, then of Enniscorthy Garda station, struck Mr Bowe over the head with a retractable baton following the chase. Supt Sheriff said his actions were “proportionate and justified” following what he described as the most “extreme and dangerous” driving he had ever witnessed.
A barrister for Mr Bowe had told the jury he did not want to live in a country where people take the view that his client “got what was coming to him”.
Supt Sheriff told the court he was chasing Mr Bowe through a field after a 25-minute car chase that hit speeds in excess of 140kph.
Supt Sheriff had said Mr Bowe turned back on him with a “metallic object” in his hand and lunged at him. The superintendent then deployed his baton and hit Mr Bowe over the head “with full force, as hard as I could hit him”, he said.
The metallic object Mr Bowe had in his hand turned out to be a set of keys with two bottle openers attached.
It was Mr Bowe’s case that Supt Sheriff – then a sergeant – wrongfully and violently struck him. Mr Bowe claims that arising from alleged injuries sustained, he was diagnosed with functional neurological disorder. The claims are denied.
Mr Bowe’s case was against Supt Sheriff, the Garda Commissioner, the Attorney General and Ireland.
Mr Justice O’Higgins adjourned the matter to the next list to fix dates and said the jury process, even if it finished in deadlock, was as important as if it resulted in a unanimous or majority verdict for either side.
