A JUDGE has told All-Star Limerick hurler Kyle Hayes he is going to prison for three months for engaging in unlawful violence at a nightclub seven years ago if he is not deemed suitable to carry out 180 hours community service in lieu of the suggested jail term.
Mr Hayes (26), of Ballyashea, Kildimo, Conty Limerick, had been bound by the terms of a two-year suspended sentence handed down last March, after a jury convicted him on two charges of engaging in violent disorder at the Icon nightclub in Limerick City on October 28, 2019.
However, the judge said the decorated hurler had “breached” these terms when he engaged in dangerous driving at Mallow, County Cork, going “well in excess of the applicable (speed) limit” four months after the suspended sentences were imposed.
Hayes was detected by Gardaí driving an Audi A6 at 155km/h in a 100km/h zone, while over-taking nine cars on the N20 Cork to Limerick road on July 14 last.
It was before the judge at Limerick Circuit Criminal Court to decide under a “Section 99” re-entry order if he would revoke all, part of, or none of the two-year suspended sentence.
Kyle Hayes’ defence barrister, Liam Carroll BL, told the court the hurler’s grandmother died in recent days, noting that his client did not want to bring his grandmother’s death to the court’s attention, “but I believe it is a matter that should be considered by the court”.
Mr Carroll said: “Mr Hayes is very clear, he is ready to face the music today, he is ready to accept his fate.”
Giving a summary of the violent disorder at the Icon nightclub, the judge said Mr Hayes was one of two men who “aggressively approached” carpenter Cillian McCarthy inside the nightclub and that Hayes was one of at least four others who “attacked” Mr McCarthy on the club’s dancefloor.
The judge said two Gardaí gave evidence at Hayes’ trial that they saw the hurler kicking an unidentified man, who was lying on the street outside the nightclub, but this man was not Cillian McCarthy. Hayes was acquitted of assaulting Mr McCarthy, and the hurler was never charged with assaulting on any other person on the night.
The judge said an 18-month jail term and a concurrent two-year sentence imposed on Hayes for the violence at the nightclub were fully suspended “on condition that he keep the peace for two years, and that he pay damages to Mr McCarthy of €10,000, the latter which has been completed”.
The judge told the court that evidence given by Kyle Hayes’ father, Liam Hayes, that he underwent a quadruple bypass surgery in 2022 and he depends on the All-Star hurler to perform heavy duty work on their family farm “did not assist” nor “persuade” his final decision.
Judge Hayes said it was “inescapable” that Kyle Hayes “is a very talented hurler” but he had “in no way sought to rely on that in court”.
The judge said the Hayes was neither entitled to “any preferential treatment” because of his sporting achievements, nor was he entitled to less treatment as someone “without his public profile”.
Kyle Hayes’ dangerous driving conviction, whilst “serious” was “less serious” than his previous two convictions for violent disorder, and there were no aggravating factors involved, such as “intoxication” or a driving “disqualification”, the judge continued.
The judge described as “appalling”, Hayes’ behaviour in the nightclub affray, but noted that the Limerick hurler had not come before the courts for similar violent offences in those seven years.
He said revoking part of the suspended sentence would not be “unjust” and he felt it was “appropriate to activate three months” of Hayes’ suspended two-year sentence.
However, the judge added: “It is often the case with short sentences that it is more constructive to require a defendant to engage in a significant amount of voluntary work in the community rather than the imposition of a short sentence of imprisonment.”
The judge suggested Hayes engage with the probation services to be assessed for suitability for performing 180 hours of “voluntary unpaid work in the community”.
After consulting with Kyle Hayes’, his barrister Mr Carroll, told the judge: “I can confirm that Mr Hayes is agreeable to accept a community service order.”
Adjourning the case to April 28 for mention, the judge concluded: “If he’s not suitable, then the penalty I have suggested will be imposed.”
