Suspended sentence for Mayo man in sexual assault case
A Mayo man has been given a three years suspended sentence by Mr Justice Barry White at the Central Criminal Court for sexually assaulting a woman in Longford after both had "made a day of it drinking".
Zeno Higgins (aged 33), a self-employed construction industry worker, of Carantulla, Claremorris pleaded guilty in October to sexually assaulting the woman on September 2, 2006.
His guilty plea came on day-two of his trial following legal argument in the absence of the jury before which he had pleaded not guilty earlier to four other charges in relation to the same matter.
Garda Muiris Quinn told prosecuting counsel, Ms Deirdre Murphy SC (with Mr Colm O Briain BL), that Higgins had a series of previous convictions dating back to 1999 for road-traffic and other offences which included obstructing and assaulting gardai in the course of their duty.
Gda Quinn agreed with defence counsel, Mr Brendan Grehan SC (with Mr Jim Kelly BL), that Higgins’ offences were generally drink-related.
Mr Grehan said Higgins had €7,000 in court to offer his victim as a token of his remorse and had asked him to convey his sorrow for his assault which seemed to have exacerbated her long-term difficulties.
Mr Justice White noted the submission by Mr Grehan that his client had pleaded guilty on the first occasion that charge was available to him and said the court would approach the matter on the basis that Higgans had pleaded guilty at the earliest possible opportunity.
Mr Justice White said it was quite clear that both Higgins and the victim had a history of alcohol abuse and had "made a day of it" with drink. He said the victim impact statement showed she had attempted suicide a number of times and had a history of alcohol dependence and depression for which she had received inpatient treatment from time to time.
"It would have been more helpful if the court was to know the number of suicide attempts prior to this event and the number of inpatient terms. With this knowledge it would have been easier to interpret the victim impact statement presented to the court," he said.
Mr Justice White said that the nature of assault in this case was in his view "at the lower end of the spectrum" and he accepted that Higgins’ apology and remorse were genuine.
"It is quite clear he has a good work ethic and record and the €7,000 he had offered was not without difficulty and inconvenience in his situation," he said.
"Balancing everything. it is my intention to impose a sentence of some three years but to suspend it entirely provided the £7,000 is paid within 14 days and that he is of good behaviour for the three years."
Ms Murphy earlier said the victim was willing to accept the €7,000 offered by Higgins.
Mr Murphy said the victim told the psychiatrist who prepared the victim impact statement that she feared Higgins was going to kill her when he assaulted her. She now slept in a part of her home from which she felt she could escape easier and also left her light on at night.
She said she suffered nightmares of being attacked at night and had lost her self-confidence as well as having a poor appetite. She had spent two spells in a psychiatric hospital since the event and was presently again receiving inpatient treatment.
Mr Justice White told Mr Grehan he didn’t wish "to be portrayed as Father Matthew" but he suggested the defence legal team should impress on him "the consequences for him of his abuse of alcohol" and especially for the three years suspension of his sentence.
