A Mayo man who hit his brother over the head with a shovel, knocking him unconscious, will be sentenced later pending the outcome of other cases in a protracted family dispute.
PJ Higgins (47) pleaded guilty to assault causing harm to his brother Michael Higgins at their address in Cloongullaune, Swinford, Co Mayo on July 27, 2022.
At a hearing in Castlebar Circuit Court, Judge Eoin Garavan delayed sentencing until the conclusion of two other cases against family members.
The judge said the incident arose out of an “entrenched, longstanding, deeply-fractured relationship” and that all the background information should be available to the court.
“This could easily have been a fatal injury and PJ Higgins could be sitting in a different court in Dublin,” said Judge Garavan.
The court that heard that after he was attacked with the shovel, Michael Higgins was taken to Mayo University Hospital in Castlebar unconscious and bleeding from one ear.
A medical report presented by Patrick Reynolds BL, for the State, said Michael Higgins was given an emergency CT scan which showed a small amount of fluid on the brain.
The victim was suffering from headaches, blurred vision and nausea, but was discharged from hospital three days later, the court heard.
In a victim impact report read out on his behalf, Michael Higgins said he fears for his life since the evening of the assault.
“I fear the attacker could hurt me again,” he said, adding that he has been intimidated on a number of occasions.
He said his farming duties have been impacted and he suffers “sleepless nights, constant headaches and difficulty concentrating”.
The court heard that PJ Higgins has several previous convictions including threats to kill or cause serious harm, but that he has not come to garda attention since this offence.
Mark Ryan BL, defending, said there was no evidence to suggest that this offence was premeditated, describing it rather as “impulsive and misguided”.
The court heard that PJ Higgins has maintained his position that he was not the instigator of the attack, nor the first person to pick up a shovel.
A probation report placed PJ Higgins at moderate risk of re-offending but noted that he accepts responsibility for the offence and has shown genuine remorse.
Judge Garavan said it was extraordinary that the offence occurred the day before PJ Higgins was due to be sentenced in relation to a threat to kill or cause serious harm, for which he served 12 months in custody.
The case was adjourned to July 23 to finalise the sentence.