Strike on chase suspect was not assault, sergeant tells court

John Bowe claims that, arising from alleged injuries sustained, he was diagnosed with functional neurological disorder. The claims are denied

Sgt Mick Dee, of Gorey Garda Station, told a High Court jury that on the date of the incident, he and Supt Sheriff were operating a checkpoint outside Bunclody, having received reports of a burglary in the East Carlow area.

An incident in which a Co Wexford man was struck over the head with a baton after leading gardaí on a high-speed car chase was “not an ideal outcome”, but was not an assault, a garda involved in the altercation has told a court.

Sergeant Mick Dee was one of two garda members present when John Bowe, aged 41, was arrested following the chase, which occurred outside Bunclody, Co Wexford, on December 5, 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 himself, brought a High Court action over alleged injuries sustained when Sgt Dee’s colleague, superintendent Rory Sheriff, then of Enniscorthy Garda Station, struck Mr Bowe over the head with a baton following the chase.

It is Mr Bowe’s case that Supt Sheriff — who was 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 Sherriff, the Garda Commissioner, the Attorney General, and Ireland. Mr Bowe previously told the court he served as a garda some time before the incident, and left the force on good terms.

Garda checkpoint

On Thursday, Sgt Dee, of Gorey Garda Station, told a High Court jury that on the date of the incident he and Supt Sheriff were operating a checkpoint outside Bunclody, having received reports of a burglary in the East Carlow area.

Both men pursued an Audi A4 that avoided the checkpoint — the driver of which, they later learned, was Mr Bowe. 

Stg Dee — who at the time held the rank of garda — said the ensuing chase was “very dangerous”, and said Mr Bowe’s behaviour led him to believe that he had been involved in a burglary.

Mr Bowe later stopped his car and proceeded to run through a field. On observing Mr Bowe fleeing from his car, Sgt Dee said he observed a long, metallic object, what he believed to be a knife. He said he alerted Supt Sheriff to this, shouting: “Knife, knife."

Sgt Dee said he observed a “coming together” between Supt Sheriff and Mr Bowe in the field. The sergeant said that, when he reached the two men, Mr Bowe was on the ground.

Sgt Dee was aware that Supt Sheriff had hit Mr Bowe. Supt Sheriff had his baton in his hand and said “I hit him”, he said. He said he did not see Supt Sheriff strike Mr Bowe. Sgt Dee said he then handcuffed and arrested Mr Bowe.

Gut reaction

Under cross-examination from Mark Harty, counsel for Mr Bowe, Sgt Dee accepted he was wrong in believing that Mr Bowe was carrying a knife. He later added that he acted on a gut reaction when alerting Supt Sheriff.

Sgt Dee disagreed with a description of Mr Bowe’s being struck with the baton as an assault. Asked if he had regret that Mr Bowe suffered injury, Sgt Dee said it was unfortunate that anyone was injured. He noted that Mr Bowe had chosen to “take off” on seeing the checkpoint.

He later said it was “not an ideal outcome” that Mr Bowe was struck on the head. The trial continues before Mr Justice Micheál O’Higgins.