STAR hurler Kyle Hayes found out this Monday (October 7) that he will have to wait until at least December to find out if he is going to jail after he was convicted of violent disorder at a Limerick nightclub.
Last December, a two-year suspended sentence was imposed on Mr Hayes (26) after he was convicted of two counts of violent disorder at the Icon nightclub on October 28, 2019.
The five-time All-Ireland winning hurler appeared before Limerick Circuit Criminal Court this Monday for re-entry of the two-year suspended sentence, which was triggered last month after he was convicted of dangerous driving before Mallow District Court.
Senior counsel Brian McInerney, acting for Hayes, told Limerick Circuit Criminal Court that the Section 99 hearing could not be heard because the star Limerick hurler is appealing the dangerous driving conviction – which will be heard before Cork Circuit Criminal Court.
State Solicitor for Limerick City, Padraig Mawe, said the courts hands were “tied” and that the matter would have to go back to the Director of Public Prosecutions.
Judge Elva Duffy adjourned the Section 99 suspended sentence hearing to December 9 with liberty for the prosecution to apply to have the matter adjourned for mention in advance of that date.
Hayes, of Ballyashea, Kildimo, was convicted by a jury in December 2019 of one count of violent disorder on the dancefloor of the Icon nightclub, as well as one count of violent disorder outside the nightclub on the same date.
Hayes, who had pleaded not guilty to the two offences, was acquitted of a third alleged offence of assault causing harm to injured party Cillian McCarthy inside the nightclub on the same date.
At his sentencing hearing, Hayes was also ordered to pay Mr McCarthy, a qualified carpenter, €10,000 in compensation for his injuries and loss of earnings due to the juries he sustained on the night of the violent disorder.
Mr McCarthy told the court he had also received hateful messages from people on social media and “photos of me were circulated on social media with nasty comments”.
Judge Sheehan suspended Hayes’s two-year sentence provided he not re-offend within a two year period.
Last month, Hayes was convicted of dangerous driving by Judge Colm Roberts at Mallow District Court after he pleaded not guilty to the charge.
Hayes had offered a plea to a lesser offences of careless driving, however Judge Roberts did not accept this, and he convicted the hurler of one count of dangerous driving on the N20 Cork Limerick road on July 14 last.
Judge Roberts disqualified Hayes from driving for two years and fined him €250. He found him guilty of driving 150km/h in a 100km/h speed limit zone at Lissavoura, Grenagh, near Mallow, County Cork.
Garda Deirdre Barrett told the court at the time that she observed Hayes’ Audi A6 overtaking nine other vehicles at high speed on approach to a section of the road which narrows from two lanes to one lane.
A date for Hayes’ appeal has yet to be set. His suspended sentence hearing will take place on a date after the appeal hearing.
