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Detective Superintendent Rory Sheriff was executing the arrest of the Garda Alamy Stock Photo

Jury finds Co Wexford detective used reasonable force with ex-garda after high-speed chase

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

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 a baton after an “extreme” high-speed car chase in rural Wexford in 2014.

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

Just after 6.30pm today at the High Court, the jury found that 6’8″ Sheriff used reasonable force in executing the arrest of ex-Garda John Bowe (41) while 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 deliberations on the eight-day case.

The High Court case was brought by Bowe, who was arrested following the pursuit outside Bunclody on December 5, 2014.

Bowe, of Coolnaleen, Camolin, Enniscorthy, was subsequently convicted of dangerous driving.

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

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

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

The detective said that while he was in the field, Bowe turned back 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 court heard that the metallic object Bowe had in his hand transpired to be a set of keys with two bottle openers attached.

Sheriff submitted he was aiming for Bowe’s torso and feared for his own safety, having been informed by attending Garda Mick Dee that Bowe had a knife.

Upon arrest, Sheriff said, Bowe was apologetic and informed him that he was a former Garda himself and had been out for “four pints” to celebrate his 30th birthday on the night.

Bowe also said he had no tax on his car when he turned away from a Garda checkpoint, prompting the pursuit, Sheriff said.

It was Bowe’s case that 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.

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

Richard Lyons SC, for Sheriff, said it was “miraculous” and “by the grace of God” that 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 Bowe’s claim that he was surrendering when he was struck with the baton was “nonsensical”, as Bowe had exited his car and ran 100 yards into the field away from the pursuing Sheriff.

Mark Harty SC, for Bowe, told the jury that the plaintiff was being branded a “liar” by the defence and as 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, Mr Justice O’Higgins awarded costs to Sheriff’s legal team for both trials but put a stay on the award pending any appeal.

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