Top criminal defence solicitor Cahir O’Higgins engaged in a prolonged campaign of harassment against a former employee who left his firm to set up his own practice, culminating in O’Higgins breaking the man’s nose, it can now be reported.
O’Higgins’ actions were variously referred to by the sentencing judge as “deranged”, “thuggish”, “base” and “despicable”.
Earlier this year, O’Higgins pleaded guilty to one count of assault causing harm to fellow solicitor Stephen O’Mahony and to one count of harassing him over a period of time between June 25th, 2020 and February 11th, 2021.
Two further counts of simple assault of Mr O’Mahony at the Criminal Courts of Justice (CCJ) in Parkgate Street, Dublin 7, on dates in December 2020 and January 2021 were taken into consideration.
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O’Higgins, of Cahir O’Higgins and Company, Kingsbridge House, Parkgate Street, Dublin, had no previous convictions at the time but has since gained a public order conviction in relation to a cycle rage incident involving two plainclothes gardaí.
He was sentenced to 16 months in jail by Judge Kenneth Connolly on July 22nd this year for the harassment and assault charges, but this sentence was deferred to the end of September to allow O’Higgins to settle his affairs and shut down his solicitor practice — referred to in court as previously the most successful criminal practice in the country.
Reporting restrictions meant this case could not be reported on until after O’Higgins’ theft and perverting the course of justice trial came to an end, to avoid prejudicing the jury. He was found guilty of theft and perverting the course of justice charges on Friday.
[ Criminal defence solicitor Cahir O’Higgins convicted over €400 theftOpens in new window ]
In extraordinary scenes in court after the sentence was handed down in July, O’Higgins asked to address the court and spoke from the dock for several minutes — partly to express regret at his offending, but also to reiterate a defence application seeking leave to allow him to fly to Spain for a week at the end of July and also compete in the World Cycling Championships in Denmark in September before he went to prison.
“I think I owe the sport of cycling a proper goodbye,” O’Higgins told the court. “I should wear the Irish colours with pride.”
The application was opposed by Eoin Lawlor SC for the prosecution, but O’Higgins was granted leave to travel by the judge.
The decision came in the wake of a scathing sentence delivered by the judge, in which he described the various aspects of O’Higgins’ behaviour as “deranged”, “thuggish”, “base” and “despicable”.
“The harassment arose from an irrational obsession deriving from the fact the two parties were in competition for the same work,” said the judge, noting that this is a “natural element” of solicitor work that occurs “every day of the week in this building”.
“He chose to bully Mr O’Mahony out of the space he was occupying on a professional basis,” said the judge. “Mr O’Higgins believed he was the law, as opposed to being amenable to the law.
“I can assure him: he is amenable to the law.”
He handed down a 32-month sentence and suspended the final 16 months on several conditions, including that O’Higgins have no contact with Mr O’Mahony or his wife and family.
In September this year, O’Higgins announced on social media that he was closing his practice “due to a variety of circumstances”. He said he had always intended to retire by the age of 50. “I’m glad one way or another that gift and opportunity has been given to me,” he wrote.
He went into custody in September, in advance of his October trial.
At a sentence hearing into this matter in Dublin Circuit Criminal Court last June, the court heard O’Higgins repeatedly accused Mr O’Mahony of poaching his clients, sent him numerous threatening emails and texts and was caught on video telling Mr O’Mahony: “I will f**king get you.”
O’Higgins also engaged in intimidatory behaviour within the environs of the CCJ, stepping on Mr O’Mahony’s foot in court, elbowing him in the lobby and pushing him when they were both outside the building trying to engage with the same client, the court heard.
O’Higgins texted Mr O’Mahony’s wife shortly after she had given birth telling her he would sue her husband until he owned their house and he lied to Mr O’Mahony telling him he [Mr O’Mahony] had been exposed to Covid and would have to isolate for 14 days, the court heard.
The harassment culminated in an assault in February 2021, during which O’Higgins pushed Mr O’Mahony against a parked car and punched him in the face a short time later, breaking his nose. Part of this incident was captured on CCTV footage, while Mr O’Mahony also captured some incidents on his mobile phone.
In a lengthy victim-impact statement, Mr O’Mahony outlined the effects O’Higgins’ offending had both on his personal life and his professional one.
During the sentence hearing which took place last June, Det Garda Colm Kelly told Ronan Kennedy SC, prosecuting, that in April 2020, shortly after O’Higgins was charged with theft and perverting the course of justice offences, Mr O’Mahony resigned from his position in Cahir O’Higgins Solicitors, where he had worked for 11 years.
Relations between the two men were initially amicable, but when Mr O’Mahony started the process of setting up his own solicitor practice in June 2020, the relationship “soured” and O’Higgins started making “repeated unwanted contact” with Mr O’Mahony, the court heard.
Michael O’Higgins SC, defending, said his client grew up in the 1960s, the son of two TDs which was “quite an extraordinary event” at the time. He attended boarding school and excelled academically, the court heard.
He went on to set up one of the most successful criminal law firms in the country, but he suffered from acute depression, stress and burnout.
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