An incident in which a 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 has told a court.
Sgt Mick Dee was one of two Garda members present when John Bowe (41) was arrested following the chase, which occurred outside Bunclody, Co Wexford, on December 5th, 2014.
Mr Bowe, of Coolnaleen, Camolin, Enniscorthy, Co Wexford, was convicted of various counts of dangerous driving afterwards.
Mr Bowe, who is an ex-garda, has brought a High Court action over alleged injuries sustained when Sgt Dee’s colleague, Rory Sheriff, then of Enniscorthy Garda station, struck Mr Bowe over the head with a baton following the chase.
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It is Mr Bowe’s case that Superintendent 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.
His case is against Supt Sheriff, the Garda Commissioner, the Attorney General and Ireland.
Mr Bowe previously told the court he had served as a garda some time before the incident and had left the force on good terms.
On Thursday, Sgt Dee, of Gorey Garda station, told a High Court jury how on the date of the incident he and Supt Sheriff were operating a checkpoint outside Bunclody, having received reports of a burglary in east Carlow.
Both men pursued an Audi A4 that avoided the checkpoint – the driver of which, they later learned, was Mr Bowe.
Sgt Dee − who at the time held the rank of garda − said the ensuing chase was “very dangerous” and that 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”.
He said he saw 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”, Sgt Dee said. He said he did not see Supt Sheriff strike Mr Bowe.
Sgt Dee said he then handcuffed and arrested Mr Bowe.
Under cross-examination from Mark Harty SC, for Mr Bowe, Sgt Dee accepted he was wrong in believing that Mr Bowe was carrying a knife. He later said he acted on 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 said 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 best outcome, Sgt Dee said, was if Mr Bowe had not taken off running across the field.
The civil trial continues.
