Deadlocked jury discharged in case of ex-garda allegedly struck by superintendent
High Court Reporter
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 on Friday night, 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 began their deliberations at around 2:45pm on Thursday.
The case was brought by John Bowe (41), who was arrested following the chase, which occurred outside Bunclody, Co Wexford, on December 5th, 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, brought the action over alleged injuries sustained when Supt Rory Sheriff, then of Enniscorthy Garda station, struck Mr Bowe over the head with a retractable baton following the chase.
Supt 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 Mr 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".
Supt Sheriff told the court he was chasing Mr Bowe through a field after a 25-minute car chase that hit speeds in excess of 140kph.
Supt Sheriff had said Mr Bowe turned back on him with a "metallic object" in his hand and lunged at him. The Supt then deployed his baton and hit Mr Bowe over the head "with full force, as hard as I could hit him", he said.
The metallic object Mr Bowe had in his hand turned out to be a set of keys with two bottle openers attached.
It was Mr Bowe’s case that Supt Sheriff – 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 was against Supt 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.
