Defence solicitor engaged in “thuggish” harrasment campaign against employee

By Isabel Hayes

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’Higgin’s 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 25, 2020 and February 11, 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.

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 22 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 today/yesterday (FRIDAY).

In extraordinary scenes in court after the sentence was handed down, 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 Judge Connolly.

The decision came in the wake of a scathing sentence delivered by Judge Connolly, 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,” the judge said, 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,” Judge Connolly said. “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 a number of 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, ahead 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 fucking 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’Higgin’s offending had both on his personal life and his professional one.

During the sentence hearing which took place last June, Detective 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 relatioship “soured” and O’Higgins started making “repeated unwanted contact” with Mr O’Mahony, the court heard.

O’Higgins accused Mr O’Mahony of breaking into his office and stealing his contract, of behaving unethically by poaching his clients and of making disparaging comments about O’Higgins. He threatened to sue Mr O’Mahony and report him to gardaí and the Law Society, but no complaint was ever made. Mr O’Mahony strongly denied these claims.

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 with acute depression, stress and burnout. At the time of this offending, he had suffered the loss of his sister, his marriage had broken down, he was struggling with mental health issues and his legal practice was “haemorrhaging”, the court heard.

O’Higgin’s reputation has been damaged, “perhaps beyond repair” and he is now worried about how he will provide for his children, defence counsel said.

The court heard the harassment started on June 25, 2020, when O’Higgins accused Mr O’Mahony of poaching one of his clients and told him he was going to watch him “like a hawk” and contact garda stations about his clients.

On another occasion in September 2020, O’Higgins came up to Mr O’Mahony outside court and shouted, “You’re served” at him and was “very aggressive”, the court heard. He stood on Mr O’Mahony’s foot in court the following day and later emailed him to tell him he was getting an injunction against him.

O’Higgins also alleged he had put monitoring software on Mr O’Mahony’s computer and phone when he worked for him, which was later found to be untrue.

Mr O’Mahony repeatedly told O’Higgins not to contact him anymore and that what he was doing constituted as harassment. He asked the Courts Services to provide CCTV footage of any encounters he had with O’Higgins in the CCJ. He also tried to mediate with O’Higgins and a coffee between both men was arranged at one point, but O’Higgins did not ultimately meet Mr O’Mahony.

In one message in October 2020, O’Higgins emailed Mr O’Mahony saying: “You’re making an enormous error of judgement. I’m the person who will teach you in no uncertain terms how monumentally unwise you are being.”

On the evening of the same day, O’Higgins sent a text to Mr O’Mahony’s wife, who had given birth to their fourth child two weeks previously in which he said, “I will sue him (Mr O’Mahony) until I own his home.”

Mr O’Mahony’s wife was extremely upset and intimidated by this message, the court heard. O’Higgins immediately followed up this message with another one saying it had been sent in error and was meant for another recipient.

She responded to O’Higgins telling him his message was unacceptable and that she had just had a new baby, of which he was well aware. O’Higgin’s wrote back: “Who is this?”

In January 2021, Mr O’Mahony saw one of his clients outside court talking to O’Higgins and he came outside and started videoing the exchange. During this recording, which was played in court, O’Higgin’s could be seen telling Mr O’Mahony: “I will fucking get you.”

On the day of the assault, the court heard the solicitors were again in dispute over a client of Mr O’Mahony’s, whom O’Higgins accused Mr O’Mahony of poaching. While Mr O’Mahony was outside court talking to the client, O’Higgins was seen on CCTV footage coming between the pair, with Mr O’Mahony retreating.

The client wanted to leave and the three men walked down Parkgate Street, with Mr O’Mahony again recording O’Higgins on his phone. O’Higgins could be seen and heard insulting Mr O’Mahony before O’Higgins lunged for the phone, cracking the protective screen.

Shortly down the street, he pushed Mr O’Mahony against a parked car in an incident which was captured on CCTV footage. The court heard Mr O’Mahony decided to walk down to Wolfe Tone Quay, where there was often a garda checkpoint at that time.

While walking along Wolfe Tone Quay, the court heard that without warning, O’Higgins swung his arm in an upper cut punch, hitting Mr O’Mahony to the face and breaking his nose. The court heard Mr O’Mahony’s suit, shirt and shoes were covered in blood.

O’Higgins abruptly turned and walked away, and was seen on CCTV footage walking back to where his car was parked and driving away. An ambulance was called for Mr O’Mahony and he was taken to hospital for treatment.