Det Supt used reasonable force when striking ex Garda over the head with baton, jury finds

High Court Reporter

A jury has found that a Detective Superintendent used reasonable force when executing the arrest of a former Garda whom he struck over the head with his baton after an "extreme" high-speed car chase in rural Wexford in 2014.

It was the second civil trial of Det Supt Rory Sheriff in four months after a civil jury failed to reach a conclusion last November.

Just after 6.30pm on Friday at the High Court, the jury found that 6'8" Det Supt Sheriff used reasonable force in executing the arrest of ex Garda John Bowe (41) in apprehending him in a field outside of Bunclody, Co Wexford.

The civil trial jury of six women and five men told the court through the foreperson that they had agreed a majority verdict after four-and-a-half hours of deliberation of the eight-day case.

The High Court case was brought by ex-Garda Bowe (41), who was arrested following the chase outside Bunclody, Co Wexford, on December 5th, 2014. Bowe, of Coolnaleen, Camolin, Enniscorthy, was subsequently convicted of dangerous driving.

Bowe brought the action submitting he sustained his alleged injuries after Det Supt Sheriff, then a sergeant at Enniscorthy Garda station, struck Bowe over the head with a retractable baton following the 20-minute car chase through rural parts of Co Wexford.

It was Bowe’s case that Det Supt Sheriff wrongfully and violently struck him. Bowe claimed that arising from alleged injuries sustained, he was diagnosed with 'functional neurological disorder'. The claim was denied.

Det Supt Sheriff did not deny that he struck Bowe but submitted his actions were "proportionate and justified" following what he described as the most "extreme and dangerous driving" he ever witnessed.

Det Supt Sheriff told the court he was chasing Bowe through a field on foot after the 20-minute chase that hit speeds in excess of 140kph.

The detective said that Bowe, when in the field, turned back on him with a "metallic object" in his hand and lunged at him. The detective 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.

The Det Supt submitted he was aiming for Bowe's torso, feared for his own safety and said he had been informed by attending Garda Mick Dee that Bowe had a knife.

Upon arrest, Det Supt Sheriff said, Bowe was apologetic and informed him that he was a former Garda himself and had been out for "four pints" for his 30th birthday on the night but also had no tax on his car when he turned away from a Garda checkpoint, prompting the pursuit.

Bowe’s case was taken against Det Supt Sheriff, the Garda Commissioner, the Attorney General and Ireland.

Richard Lyons SC, for Det Supt 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, mandating the involvement of the Armed Support Unit and the Garda air support unit.

Lyons said that Bowe's claim that he was surrendering when he was struck with the baton was "nonsensical" as Bowe had exited his car and run 100 yards into the field away from the pursuing Det Supt Sheriff.

Mark Harty SC, 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.

When confirming the verdict, Judge O'Higgins awarded costs to Det Supt Sheriff's legal team for both trials but put a stay on the award pending any appeal.