Garda says baton strike on ex-officer was ‘proportionate and justified’ after 140km/h pursuit

High Court Reporters

A 6'8" Garda Superintendent has told the High Court that his actions were "proportionate and justified" when he struck a former Garda with a baton at "full force" on the head after a high-speed chase that he described as the most "extreme and dangerous" driving he ever witnessed.

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 a High Court 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.

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 today, Supt Sheriff told a jury of six men and six women that he was chasing Mr Bowe through the field after a 25-minute car chase that hit speeds in excess of 140kph.

Supt Sheriff told his barrister, Richard Lyons SC, that when he was chasing Mr Bowe he shouted "Stop! Gardaí!"

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 superintendent said that he was aiming for Mr Bowe's torso, feared for his own safety and that he had been informed by attending Gda Mick Dee that Mr Bowe had a knife.

The metallic object Mr Bowe had in his hand turned out to be a set of keys with two bottle openers attached.

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

Supt Sheriff said Mr Bowe was lucid throughout the incident, was conscious despite the blow, could walk and talk and was later, when released from custody, taken for medical attention but left without receiving any treatment.

The checkpoint was set up because there had been reports of a burglary in the area involving an Audi car.

Mr Bowe was also driving an Audi on the night of the chase but Supt Sheriff accepted that the plaintiff was not involved in the burglary.

Supt Sheriff said he called for armed and helicopter support during the chase that saw two civilian vehicles take evasive action, a crowd of pub-goers fleeing the outside area in fear and another Garda car go into a ditch.

"It was the most extreme example of dangerous driving I have ever witnessed," said Supt Sheriff.

Supt Sheriff told Mark Harty SC, for Mr Bowe, that he was 6'8" tall and that Mr Bowe was about 5'8" but had suddenly lunged low toward him when he was unintentionally struck on the top of the head when the strike was meant for the torso.

Mr Harty asked the superintendent if he had any regrets from the night.

Supt Sheriff said he regretted that Mr Bowe endangered the life of his colleague and himself and the lives of the public.

"I have no regrets in respect of my actions on the night," he said. "I acted within policy at all times. The action was proportionate and justified," he said.

Closing speeches will be delivered to the jury by both sides tomorrow before Mr Justice Micheál O'Higgins who will then deliver his charge.