Superintendent used reasonable force when striking fleeing ex-garda with baton after chase, jury finds – The Irish Times

by Rachel Morgan News Editor

A jury has found that a detective superintendent used reasonable force when arresting a former garda after a high-speed car chase in rural Wexford in 2014. The incident involved the superintendent striking the former garda over the head with a baton.

Second Trial Concludes

This verdict follows a second civil trial for Detective Superintendent Rory Sheriff, after the first jury failed to reach a conclusion in November. The jury of six women and five men reached a majority verdict after four and a half hours of deliberation over the eight-day case, delivering their decision just after 6:30 PM on Friday at the High Court.

The Incident and Legal Action

The case stemmed from an incident on December 5th, 2014, outside Bunclody, Co Wexford. Ex-garda John Bowe, 41, of Coolnaleen, Camolin, Enniscorthy, initiated the legal action, alleging injuries sustained when then-Sergeant Sheriff struck him with a retractable baton following a 20-minute car chase. Bowe had previously been convicted of dangerous driving related to the pursuit.

Did You Know? The chase reached speeds in excess of 140kp/h, prompting the involvement of the Armed Support Unit and the Garda air support unit.

Bowe claimed the strike was wrongful and violent, leading to a diagnosis of ‘functional neurological disorder’ – a claim that was denied. Sheriff maintained his actions were “proportionate and justified” in response to what he described as the “most extreme and dangerous driving” he had ever witnessed.

Conflicting Accounts

Sheriff testified that he chased Bowe through a field on foot after the car chase. He stated that Bowe turned and lunged at him with a “metallic object” in his hand before being struck with the baton “with full force.” That object was later identified as a set of keys with two bottle openers attached. Sheriff also stated he feared for his safety and had been informed by Garda Mick Dee that Bowe may have had a knife.

Following his arrest, Sheriff said Bowe apologized, revealing he was a former garda who had been celebrating his 30th birthday with “four pints” and was aware his car lacked current tax, which initially prompted the pursuit after he avoided a garda checkpoint.

Expert Insight: This case highlights the complex legal considerations surrounding the leverage of force by law enforcement, even when a suspect poses an immediate threat. The jury’s decision underscores the importance of assessing the totality of circumstances and the perceived danger faced by officers in such situations.

Counsel for Sheriff, Richard Lyons, argued it was “miraculous” no one was killed due to Bowe’s driving, even as counsel for Bowe, Mark Harty, contended his client was being unfairly branded a liar.

Costs and Potential Appeal

Judge Mícheál P O’Higgins awarded costs to Sheriff’s legal team for both trials, but placed a stay on the award pending any potential appeal by Bowe.

Frequently Asked Questions

What was the outcome of the case?

The jury found that Detective Superintendent Rory Sheriff used reasonable force when arresting former garda John Bowe.

What prompted the initial car chase?

The pursuit began after Bowe drove away from a garda checkpoint, as he was aware his car had no tax.

What object did Bowe have in his hand when confronted by Sheriff?

Bowe had a set of keys with two bottle openers attached.

As this case concludes, will John Bowe pursue further legal action through an appeal, or will the verdict stand as the final resolution?

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