FIVE time All-Ireland winning Limerick hurler Kyle Hayes is to appear before Limerick Circuit Criminal Court this morning to receive a sentence following his conviction on two counts of violent disorder.
Mr Hayes (25), of Ballyashea, Kildimo, County Limerick, had pleaded not guilty to both charges as well as one count of assault causing harm to carpenter Cillian McCarthy (24) outside the Icon nightclub in Limerick on October 28, 2019.
Mr McCarthy was left with serious facial injuries after he was punched and kicked inside and outside the nightclub, the court heard.
Mr Hayes, who has no previous convictions, was found guilty by a jury at Limerick Circuit Criminal Court last December of the two violent disorder offences but not guilty of the assault on Mr McCarthy.
Prosecuting the case, John O’Sullivan BL, said that on the night, while out socialising at Smyths Bar and the Icon nightclub, Mr Hayes appointed himself as “policeman” in charge of making sure nobody approached a group of girls, one of whom he believed was in a relationship with someone he knew.
When Mr McCarthy began chatting to a young woman that he knew from his school days, Mr Hayes became “aggressive”, Mr O’Sullivan said.
The prosecuting barrister said it was alleged that Mr McCarthy was attacked by Mr Hayes and his friends on the dancefloor of the Icon and again on the street outside the nightclub.
CCTV footage played to the jury in Mr Hayes’s trial last year appeared to show the All-Star hurler and others throwing punches into Mr McCarthy’s head and face during the dancefloor melee.
Craig Cosgrave (24), of Caheralky, Grange, County Limerick, who it was argued tried to defend his friend Mr McCarthy during the nightclub attack, was found not guilty by the jury of a single charge of violent disorder inside the Icon.
The State alleged that Mr Hayes and others followed Mr McCarthy outside of the nightclub and chased him and kicked him after he fell on the street.
While there was no CCTV footage of the alleged assault on Mr McCarthy outside the nightclub, two Gardaí, who had arrived on the scene, gave evidence in court that they saw Kyle Hayes kicking a male who was lying on the street and curled up in a ball.
A third Garda who was present said he did not see Kyle Hayes kicking anyone.
Reading a victim impact statement to the court in January, Mr McCarthy said he still suffers severe headaches, fears socialising, and has received abuse on social media.
Limerick hurling manager John Kiely appeared before the court as a character witness for Mr Hayes in January.
In his evidence to the court, Mr Kiely said Mr Hayes’ actions on the night were out of character, that he had already paid a heavy price for his behaviour, and had accepted responsibility.
Cross-examining Mr Kiely, prosecutor John O’Sullivan asked why, if that were the case, did Mr Hayes plead not guilty, prompting a two-week trial.
Mr Kiely also told the court that Mr Hayes telephoned him after the incidents at the Icon and explained what had happened.
Mr O’Sullivan wondered that, if that was the case, how was it that Mr Hayes couldn’t recall much of what had occurred when interviewed by Gardaí on the night in question.
Judge Dermot Sheehan has indicated that he may consider a custodial sentence and remanded Mr Hayes on continuing bail for sentence today (March 20).
The judge told Mr Hayes’ pre-sentencing hearing last January that his use or threatened use of violence on the dancefloor of Icon nightclub in Limerick city was “extremely dangerous” to others there on the night.
