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A DEADLOCKED JURY in the case of a former Garda who alleged he was wrongfully struck by a 6’8″ garda with a baton after a high speed pursuit has been discharged at the High Court after the foreperson told the judge they could not reach a decision.
At around 7pm tonight, the foreperson said there was no progress being made and Mr Justice Michael O’Higgins thanked them for their service and excused them from jury service for five years.
It was the seventh day of the case and the jury begun their deliberations at around 2.45pm yesterday.
The case was brought by John Bowe (41) who was arrested following the chase, which occurred outside Bunclody, Co Wexford, on 5 December, 2014.
Bowe, of Coolnaleen, Camolin, Enniscorthy, was subsequently convicted of various counts of dangerous driving arising from the chase.
Bowe, an ex-garda, brought the action over alleged injuries sustained when Superintendent Rory Sheriff, then of Enniscorthy Garda station, struck Bowe over the head with a retractable baton following the chase.
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 Bowe had told the jury he doesn’t want to live in a country where people take the view that his client “got what was coming to him”.
Sheriff told the court he was chasing Bowe through a field after a 25-minute car chase that hit speeds in excess of 140kph.
Sheriff had said Bowe turned back on him with a “metallic object” in his hand and lunged at him.
The Superintendent then deployed his baton and hit Bowe over the head “with full force, as hard as I could hit him”, he said.
The metallic object Bowe had in his hand turned out to be a set of keys with two bottle openers attached.
It was Bowe’s case that Superintendent Sheriff – then a sergeant – 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 against Sheriff, the Garda Commissioner, the Attorney General and Ireland.
At the High Court tonight, Mr Justice O’Higgins adjourned the matter to the next list to fix dates and said the jury process, even if it finished in deadlock, was as important as if it resulted in a unanimous or majority verdict for either side.
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