Jury to resume deliberations in Garda Supt case over striking ex-Garda with baton on head

High Court Reporter

A former garda who alleges he was wrongfully and violently struck by a 6'8" garda sergeant with a baton engaged in "totally bizarre" behaviour when he drove at high speed to evade arrest before fleeing on foot, a barrister has told a jury at the High Court.

John Bowe (41) 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.

Mr Bowe, an ex-garda, brought an 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 that 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 said he doesn't want to live in a country where people take the view that his client "got what was coming to him".

Supt Sheriff has 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 said Mr Bowe turned back on him with a "metallic object" in his hand and lunged at him. The Supt 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 is 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 is against Supt Sheriff, the Garda Commissioner, the Attorney General and Ireland.

At the High Court on Thursday, Richard Lyons SC, for the defence, said the situation was a "totally bizarre" one featuring a former Garda trying to evade arrest through "outrageous" driving before fleeing on foot.

Mr Lyons said Mr Bowe was asking the jury to believe that after the chase, he was surrendering on his knees in the field, telling Supt Sheriff "you have me now".

Mr Lyons said it "beggars belief" that Supt Sheriff would "simply whack Mr Bowe out of the blue" and said that the superintendent had to report any use of the baton, which was unavoidable anyway due to the "nasty gash" on Mr Bowe's head.

Mr Lyons noted that upon his release from Enniscorthy Garda Station, gardaí drove him to a medical clinic, but Mr Bowe left without receiving attention.

Counsel said Mr Bowe made no complaint about his treatment when being processed at the Garda station, but then issued proceedings, "looking for money, he wants you [the jury] to give him money even though he said in evidence he didn't want money, but vindication".

"He is claiming all this head injury, and yet since then he gets first class honours and goes on to qualify as a psychologist. On the one hand, he is complaining, yet on the other hand, he's flying it.

"Can you believe anything he says?" said counsel.

Mark Harty SC, for Mr Bowe, said the defence had adopted tactics in the case that amounted to "deny, deflect and disparage".

Mr Harty said that at first the alleged "assault" was denied, then, he said, there was deflection in saying that Mr Bowe caused the baton strike, and finally his client was disparaged in court to make him dislikeable.

Mr Harty said Supt Sheriff's evidence that Mr Bowe never lost consciousness and immediately apologised after being struck was "simply preposterous".

Mr Harty said Supt Sheriff was 6' 8" and a former Ireland underage rugby player.

"The real defence is that he [Mr Bowe] got what was coming to him. That's not the Ireland I want to live in, and it's not the Ireland I live in," he said.

The jury will continue their deliberations on Friday.