FIVE time All-Ireland-winning Limerick hurler Kyle Hayes will have to wait until Friday to learn whether or not he is going to jail for his convictions for engaging in violence at a Limerick nightclub in 2019.
Mr Hayes (26) arrived at Limerick Circuit Criminal Court at 9.30am on Wednesday morning to hear his fate, however sentencing judge, Dara Hayes, said he needed more time to consider the matter and would finalise the case on Friday.
Hayes father, Liam Hayes, told the court he depended on his son to help him run their family dairy farm after he suffered a significant health issue requiring coronary bypass surgery in 2022.
Hayes’ barrister, senior counsel Brian McInerney, referring to the hurler’s two brothers, Daragh and Cian Hayes, who are both serving jail sentences in Limerick for viciously assaulting a former friend, told the court it should consider that “whilst they (Hayes’ brothers) reside locally, they are unavailable to render any assistance to (Liam) Hayes”.
Judge Hayes has to make a decision under a “Section 99” re-entry order, if he will revoke all, part of, or none of a two-year suspended sentence imposed on Kyle Hayes in March 2024, after a jury convicted him on two charges of engaging in unlawful violence at the Icon nightclub in Limerick City on October 28, 2019.
The jury in that trial acquitted Hayes, of Ballyashea, Kildimo, County Limerick, of a third charge of assaulting carpenter Cillian McCarthy, causing him harm, outside the nightclub on the same night.
Hayes had been bound by the terms of the suspended sentence “to be of good behaviour and not reoffend” within two years from last March.
Hayes breached these terms when he was convicted of dangerous driving in County Cork in July 2024, four months after the suspended sentences for violent disorder were imposed on him.
The conviction at Mallow District Court in September 2024 was unsuccessfully appealed by Hayes last week.
Padraig Mawe, State Solicitor for Limerick City, representing the Director of Public Prosecutions, told Judge Hayes he had discretion over whether or not to activate the suspended sentence.
“The court shall revoke the order unless it considers it unjust to do so,” Mr Mawe added.
Outlining the facts of Hayes’ dangerous driving conviction, Mr Mawe said he was detected by Garda Deidre Barrett driving at 155km/h in a 100km/h speed zone on the N20 on July 14, 2024.
He overtook nine cars on the dual carriage, was pursued by Garda Barrett and arrested after Hayes told the Garda he was “running out of road and had to pull back in” front of the nine cars he had overtaken.
Mr Mawe revealed that Hayes had, as part of the terms of his suspended sentences, paid in full €10,000 in general damages to Cillian McCarthy, who claimed Hayes kicked him while he was lying on the street outside the nightclub, a charge Hayes denied and was acquitted of.
Mr Mawe said that on the night, Mr McCarthy gave evidence that Kyle Hayes told him to “stay the f*ck away away” from two young women and asked him “do you know who the f*ck I am?”.
Mr Mawe told Judge Hayes that what followed this was “an unprovoked attack”on Mr McCarthy by Hayes and at least four others inside the nightclub.
Mr Mawe said Hayes and others followed Mr McCarthy, who was injured, outside the nightclub.
Mr McCarthy sustained a fractured eye socket and lacerations to his face on the night. He lost income while recovering from surgery to repair his eye injury and suffered headaches, blurred vision, and psychological trauma.
Two Gardaí told the trial they witnessed Kyle Hayes kicking a man who was lying on the street outside the nightclub on the night, however the trial judge Dermot Sheehan said this man was not Mr McCarthy.
Mr McInerney said Hayes’ dangerous driving conviction was a “million miles away” from his previous violent disorder convictions, and that Hayes was “greatly worried” about the possibility of going to prison.
