Gardaí believed ex-Garda arrested had knife when struck with baton

High Court Reporters

An ex-garda was believed to have a knife in his hand and was behaving in a threatening manner following a high-speed pursuit when a garda struck him on the head with a baton, the High Court heard on Friday.

Witness for the defence, retired Detective Sergeant Noel McSweeney, told the court on Friday that he was called to the incident where he spoke to now Sgt Mick Dee and now Supt Rory Sheriff when John Bowe (41) was arrested following the chase.

The incident occurred outside Bunclody, Co Wexford, on December 5th 2014.

Mr Bowe, of Coolnaleen, Camolin, Enniscorthy, Co Wexford, was subsequently convicted of various counts of dangerous driving arising from the chase.

Mr Bowe, an ex-Garda, brought a High Court action over alleged injuries sustained when Sgt Dee’s colleague, Supt Sheriff, then of Enniscorthy Garda station, struck Mr Bowe over the head with a baton in a field following the chase.

The court has been told that it is now accepted by Sgt Dee that Mr Bowe did not have a knife on the night.

It is Mr Bowe’s case that Supt Sheriff 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 Sheriff, the Garda Commissioner, the Attorney General and Ireland.

At the High Court today, Det Sgt McSweeney told Mr Justice Micheál Ó Higgins that he arrived at the scene when Mr Bowe was being arrested and saw the two officers and Mr Bowe come out of a field.

Det Sgt McSweeney told Richard Lyons SC, for the defendants, that he saw the three men walking alongside each other and that he did not see any dragging of the plaintiff "at all, in any shape or form... at any stage".

He said that materials recovered from Mr Bowe's car included a weighing scales, a grinder and that he later performed a test after which he concluded there was cannabis present.

Mr Bowe was later acquitted of a cannabis possession charge, confirmed Det Sgt McSweeney to plaintiff's counsel Mark Harty SC.

Det Sgt McSweeney said he spoke to Supt Sheriff who told him that Mr Bowe had a metal object in his hand and that the plaintiff was approaching in a threatening manner when he, Supt Sheriff, struck Mr Bowe on the head with the baton.

When the two gardaí and Mr Bowe were leaving the field, Det Sgt McSweeney saw a cut on the plaintiff's head.

The civil jury trial has heard that Sgt Dee 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 driven by Mr Bowe that avoided their checkpoint. Sgt Dee has 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 that he believed to be a knife. He said he alerted Supt Sheriff, shouting “knife, knife”.

Under cross-examination from Mark Harty SC, for the plaintiff, 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.

The trial, before Mr Justice O’Higgins, continues.