Former garda sues over alleged injuries sustained in arrest following car chase

The ex-garda had been convicted of dangerous driving charges, and is now suing over injuries he allegedly sustained then

The former garda told the High Court he was struck by gardaí after 'clearly submitting' with his hands up. The civil trial continues. Stock picture

A Co Wexford man who was struck by a then-Garda sergeant over the head with a baton after leading gardaí on a high-speed car chase is suing over injuries he allegedly sustained in the incident.

John Bowe, aged 41, an ex-garda, was convicted of dangerous driving charges arising from the chase, which occurred outside Bunclody, Co Wexford, on December 5, 2014.

Mr Bowe, of Coolnaleen, Camolin, Enniscorthy, brought proceedings against Sgt Rory Sheriff, then of Enniscorthy Garda station, claiming the Garda member — who is now a superintendent — wrongfully and violently struck him with a baton following the chase. The claim is denied.

It is Mr Bowe’s case that, arising from injuries allegedly sustained in the incident, he was diagnosed with functional neurological disorder, causing him to suffer with fatigue, tremors, and other symptoms. Mr Bowe is seeking damages for the alleged injuries suffered.

Mr Bowe’s case is also against the Garda Commissioner, the Attorney General and Ireland.

According to Mr Bowe, he served as a garda some time prior to the incident, and left the force on good terms.

A civil trial into Mr Bowe’s case opened this week before Mr Justice Micheál O’Higgins and a jury at the High Court.

'Lawful and proportionate' force 

At the outset of the trial, Mr Justice O’Higgins told the jury they will likely have to decide whether or not the force used by gardaí in the incident was lawful and proportionate.

Giving evidence, Mr Bowe accepted his driving on the date in question was “100%” criminal, but said he wanted “accountability” for actions of gardaí during the incident.

Led by his counsel Mark Harty, appearing with David Staunton and instructed John G Flynn solicitors, Mr Bowe said he was driving home after drinking up to four drinks in a pub in Bunclody when he saw a Garda checkpoint up ahead.

On seeing the checkpoint, he said he diverted and “sped off” to get home via a back road. 

Gardaí subsequently gave chase.

After some time — about 10 and 15 minutes, according to Mr Bowe’s side — Mr Bowe said he stopped his car and proceeded to run through a field.

Mr Bowe tells court he put his hands up and said 'you have me'

Mr Bowe said he then tripped and fell. On seeing the flashlights of pursuing gardaí, Mr Bowe said he put his hands up, remained on his knees, and said “you have me”.

Mr Bowe then said he felt a bang or blow to the head. He said he was offering no threat at the time and was “clearly submitting”.

He said he then was dragged through the field by the members, and received further blows to his legs and torso before being conveyed to Enniscorthy Garda station.

'Worst case' of dangerous driving gardaí had seen

Richard Lyons, appearing with William Maher for the respondents, and instructed by the Chief State Solicitor’s Office, put it to Mr Bowe that Garda members involved in the chase consider it to be the “worst case” of dangerous driving they have come across in their careers.

Noting high speeds reached by Mr Bowe during the chase, Mr Lyons put it to the plaintiff that his conduct was “dangerous driving in the extreme”. Mr Bowe accepted this, adding that he had received his punishment for his actions.

Mr Bowe denied as a “complete falsification” a suggestion that prior to his arrest, he lunged at gardaí with a metallic object — which, according to Mr Lyons, gardaí believed to be a knife, but in fact was a bottle opener attached to a set of keys. Mr Bowe said he was on his knees “offering no resistance whatsoever”.

Mr Bowe told the jury he was seeking accountability in taking his case: “I think justice should be served on both sides.” 

The trial continues.