A jury in the retrial of a case taken by a former garda who alleges he was wrongfully struck by a 2m now-Garda superintendent with a baton after a high speed pursuit has been asked to decide whether “reasonable force” was used in the execution of his arrest.
The High Court case was brought by ex-garda John Bowe (41), who was arrested following the chase, which occurred outside Bunclody, Co Wexford, on December 5th, 2014. Bowe, of Coolnaleen, Camolin, Enniscorthy, was subsequently convicted of dangerous driving arising from the chase.
Bowe brought the action over alleged injuries sustained when Det Supt Rory Sheriff, then a sergeant at Enniscorthy Garda station, struck Bowe over the head with a retractable baton following the chase.
Sheriff does not deny that he struck Bowe but submits his actions were “proportionate and justified” following what he described as the most “extreme and dangerous” driving he ever witnessed.
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In November, after seven days of the first civil trial, the jury foreperson said there was no progress being made towards a conclusion in the case. Judge Michael O’Higgins thanked them for their service and excused them from jury service for five years.
Sheriff has told the court he was chasing Bowe through a field on foot after a 25-minute car chase that hit speeds in excess of 140km/h.
Sheriff submits that Bowe, when in the field, turned back on him with a “metallic object” in his hand and lunged at him.
Sheriff then deployed his baton and hit Bowe over the head “with full force, as hard as I could hit him”.
The metallic object Bowe had in his hand turned out to be a set of keys with two bottle openers attached.
It is Bowe’s case that Sheriff wrongfully and violently struck him. Bowe claims that arising from alleged injuries sustained, he was diagnosed with functional neurological disorder. The claims are denied.
Bowe’s case was taken against Sheriff, the Garda Commissioner, the Attorney General and Ireland.
In his closing speech on Thursday, Mark Harty, counsel for Bowe, told the jury that Bowe was being branded a “liar” by the defence and someone who should be “so ashamed” by his driving on the night that he should not have brought his case to court.
Harty said there was an element of “gaslighting” to the case where the defence claimed that Bowe was “portraying” himself as a victim regarding his evidence and symptoms after the incident.
“He is the victim, and you [the jury] were told he was making up symptoms. It’s extraordinary. You are better than that and this country is better than that,” said Harty.
Richard Lyons, counsel for Sheriff, said it was “miraculous” and “by the grace of god” nobody had been killed by Bowe who drove on the wrong side of the road and through stop signs at speed attracting the Armed Support Unit and a Garda air support in pursuit.
Lyons said that Bowe’s claim that when he was struck with the baton he was surrendering in the field was “nonsensical” as Bowe had exited his car and ran 90m into the field away from Sheriff.
Both barristers told the jury that the question they had to answer was if Sheriff had used “reasonable” force in effecting the arrest of Bowe.
If the answer to this question was “no” then the jury had to consider the award of damages and then a further question of awarding special damages for loss of earnings to Bowe.
The judge said he would deliver his charge to the jury tomorrow after which they will begin deliberations.
